IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM.
Dated this the 16th day of February, 2021
Present: Sri. Manulal V.S., President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
CC No.199/19(filed on 18/11/19)
Complainant : Jaimon T.Joseph
Thengumpallil House,
Kizhakkemattam PO,
Melukavumattam,
Kottayam.
(Adv. Jobin Mathew)
Vs.
Opposite party : Indian Railway Catering and Tourism
Corporation Ltd., Regional Office,
Salih Arcade, Building No.40/8194, 1st
floor, Convent Road, Ernakulam repted
by its Managing Director
(Adv. Georgekutty C.A)
.
ORDER
Sri. K.M. Anto, Member
The brief of the complainant’s case is as follows.
The complainant along with his friend Tomichan K.K, booked a package tour to Dubai with the opposite party on 03/01/2019. An amount of Rs.1,01,900/- was paid to the opposite party by bank transferred on 2/1/1019. The tour start date is 12/02/2019. The opposite party applied for visa only on 2/2/2019 and on 10/2/19 complainant was informed that visa was not issued to the complainant. On 11/2/19 opposite party informed via email that visa was rejected as the emigration guest has already valid job permit in Prestige Company. In such case emigration cannot issue two types of visa for the same guest. The complainant had never gone to Dubai and not applied for any Dubai visa, earlier. After rejection of visa, the complainant had requested the opposite party to return the amount of Rs.50950/- which was paid by the complainant for the tour. The opposite party was reluctant to refund the amount. Though the complainant made the payment on 2/1/19, the visa was processed by the opposite party lately. The complainant is not benefited by the opposite party. There is deficiency in service from the part of the opposite party. Hence the complaint.
On admission of the complaint, the copy of the complaint was duly served to the opposite party.
The opposite party appeared and filed their versions.
In their version, the opposite party admits that the complainant and Tomichan K.K, remitted 1,01,900/- on 3/1/19 for the Dubai – Abudhabi group tour package of IRCTC. The signed application of the complainant and Tomichan K.K was received in their office only on 19/1/19. The tour start date was 12/2/2019. The package tour was for a group of 30 members and only on obtaining complete details, documents and amount from all persons that the opposite party could apply for the visa. The opposite party obtained group air ticket and forwarded the visa application on 2/2/19. The visa for the complainant was not cleared and it was informed that the complainant already holds a work visa in UAE and hence emigration cannot issue two types of visa for the same guest. The matter was informed to the complainant. The visa of the complainant was rejected not for any reason within the control or due to the fault of the opposite party. Granting or rejecting visa and immigration clearing is sole prerogative of the concerned governments. The opposite party is not responsible or liable for such acts of the sovereign. The visa for the complainant was rejected not on the account of delay or time factor. As it was a group tour, the processing for visa was done for the entire group together. The process involves issuance of the group flight ticker, final confirmation of services at the visiting country etc. Before booking the package all its features, refund policies etc were made known to the complainant. There will be no refund to the client if he is unable to travel due to rejection of visa and emigration clearance.
Complainant filed proof affidavit and exhibits A1 to A3 were marked. The opposite party filed proof affidavit and exhibits B1 to B4 were marked.
On going through the complaint, proof affidavit of the complainant, version of the opposite party and proof affidavit of the opposite party and evidence adduced, we would like to consider the following points.
- Whether there is deficiency in service from the part of the opposite party?
- If so what are the reliefs and costs?
For the sake of convenience we would like to consider point No.1 and 2 together.
On going through the complaint, proof affidavit of the complainant, version of the opposite party and evidence on record, it is clear that as per Ext.A1 the complainant along with one Tomichan K.K booked a package tour to Dubai with the opposite party on 3/01/2019. Ext.A1 shows that an amount of Rs.1,01,900/- was paid to the opposite party on 2/1/2019 being the consideration for the tour. The tour start date was on 12/2/2019. The opposite party processed the visa application on 02/2/2019. The opposite party admits that the visa of the complainant was rejected on 7/2/19. The opposite party also admits that the visa rejection was informed to the complainant on 10/2/2019 and an email communication was given on 11/2/2019. Opposite party produced Ext.B1 document, the copy of the application form – International Air Package, which shown that Tomichan K.K had signed the application form on 15/1/19. Ext.B2 document shows that the application was received by the opposite party on 19/1/2019.
The opposite party deposed that the visa application was processed on 2/2/2019. The visa application submitted on 2/2/2019 was rejected on 7/2/2019. This shows that the visa issuing authority took only six days in disposing the application.
Eventhough the opposite party received the Ext.B1 application and other documents on 19/1/2019, the opposite party admits that the visa application was filed on 2/2/2019. If the opposite party had processed the visa application on 19/1/2019 or on 20/1/19, the decision on the visa application should have reached much earlier. In such a situation the complainant might have got the benefit of the cancellation policy as per Ext.B1. The complainant should have got the benefit of the 4th clause of the cancellation policy which allows cancellation 14-08 days prior to the departure date. It is clear that the delay caused by the opposite party in processing the visa application denied the complainant to get the benefit of the cancellation policy as provided by Ext.B1. The deposition of the opposite party is that the tour programme was for a group of 30 passengers. It is only on obtaining complete details, documents and amounts from all the passengers that the opposite party could apply for visa. Even though the opposite party deposed that the processing of visa involves issuance of group flight ticket, final confirmation of accommodation and services at the visiting country and opposite party did all these thing and opposite party released full payment to the airlines for flight tickets of all the passengers, including the complainant, no evidence is produced to prove these matters. Moreover no evidence is produced to prove the visa application fee of the complainant. The complainant is not at fault for the deliberate delay caused by the opposite party in processing the visa.
The act of the opposite party making delay in processing the visa application immediately after getting the documents and amount from the complainant and thereby denying the complainant from getting the benefit of the cancellation policy is deficiency in service on the part of the opposite party.
Hence we allow the complaint and pass the following orders.
- The opposite party is directed to refund Rs.50,950/- to the complainant.
- The opposite party is also directed to pay Rs.3000/- being the compensation for mental agony with cost 1000/- to the complainant.
The Order shall be complied with within 30 days from the date of receipt of copy of the order. If not complied as directed, the award amount will carry 9% interest from the date of order till realization.
Pronounced in the Open Commission on this the 16th day of February 2021
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S., President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked on the side of the complainant.
A1-Copy of transaction details
A2-Copy of tour confirmation details
A3- Copy of Print out of email message
Exhibits marked on the side of opposite party
B1-Copy of application form-international air packages
B2-Copy of attested copy of Page No.20 of the register
B3-Attested copy of screen shot of watsapp communication
B4-Copy of print out of email communication
By Order,
Senior Superintendent.
