Orissa

Cuttak

CC/59/2023

Karpuri Murmu - Complainant(s)

Versus

Make My Trip (India ) Pvt Ltd - Opp.Party(s)

P Sinha & associates

22 Sep 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.59/2023

 

1.     Mrs. Karpuri Murmu,

W/o: Benison Hembrom.

 

2.     Benison Hembrom,

S/o:Late Alfred Hembrom.

 

3.     Abei Raheel Hembrom,

Benison Hembrom.

 

All are resident of Qr. No.C/6,All India Radio Staff

Qurater near Cambridge School,

Cuttack-753001.                                                         ... Complainants.

 

          Vrs.

 

1.      Make My Trip (India) Private Ltd.,                                                                                                                                                           19th Floor,EPITOME Building No.5.

DLF Cyber City,DLF Phase III,

Gurugram,Haryana-122002

 

 

2.      ARCHANA DEV,

Working as Plan Executive

Make My Trip (India) Pvt. Ltd.,

                  19th Floor,Epitome Building No.5

DLF Cyber City,DLF Phase III,

                   Gurugram,Haryana-122002

 

3.     Embassy of Switzerland,

Nyaya Marg,Chanakya Puri,

                 NewDelhi-110021

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    24.02.2023

Date of Order:  22.09.2023

 

 

 

For the complainant:             Mr. P.Sinha,Adv. & Associates.

For the O.P.no.1        :             Mr. S.Biswal,Adv. & Associates.       

For the O.P No.2 & 3:             None.     

 

Sri Debasish Nayak,President

 

Case of the complainants as made out from the complaint petition in short is that they had booked for having Europe tour for 11 days in order to visit Switzerland & Italy and the said booking was made through the O.Ps to whom they had paid an advance amount of Rs.3,72,000/- on 13.9.2022 alongwith all their relevant documents.  The booking ID as provided to them was NL2201203328024 and the tour was to commence with effect from 18.11.2022 till 28.11.2022.  The O.Ps had issued Air tickets,boarding,insurance etc to the complainants.  But their VISAs were refused by the concerned Embassy on 05.10.2022.  As per the instructions of the O.Ps, the complainants had gone for  an appeal before the Switzerland Embassy on 12.10.2022 and had thereby incurred an expenditure of Rs.1,46,200/- towards the travelling Air tickets,boarding,fooding etc for the said purpose.  It is alleged by the complainants that for no fault of them, the VISA was cancelled by the Switzerland Embassy at New Delhi.  It is further alleged by the complainants that the O.Ps have violated the terms and conditions of their contract with the complainants as they had failed and neglected in providing proper service to them.  The complainants had made several representations through mail to the O.Ps and had demanded to get back the advance amount as paid by them to the tune of Rs.3,72,000/- alongwith expenditure as made by them to the tune of Rs.1,46,200/-  in order to obtain their VISAs.  Thus, the complainants have claimed a sum of Rs.5,18,200/- from the O.Ps alongwith a sum of Rs.10,00,000/- towards their mental agony and harassment and also a sum of Rs.5,00,000/- towards their litigation expenses and further a sum of Rs.2,00,000/- towards the cost alongwith 12% interest per annum thereon.  They had also prayed for any other reliefs as deemed fit and proper.

Alongwith their complaint petition, the complainants have also filed copies of several documents in order to prove their case.

2.         Out of the three contesting O.Ps, having not preferred to contest this case O.Ps no.2 & 3 have been set exparte vide order dated 21.4.2023.

However, O.P no.1 has contested this case and has submitted his written version.  According to the written version of O.P no.1, the case of the complainant is not maintainable which is liable to be dismissed.  There was no deficiency in service on the part of the O.Ps.  As per the desire of the complainant, this O.P had booked Air tickets taking advance payment of Rs.3,72,000/- from them out of the total estimated amount of Rs.7,27,677/- which was to be paid by the complainants by 1.11.2022.  The complainants were refused VISA by the Switzerland Embassy and inspite of their efforts, they failed to obtain the same.  The contesting O.P has no role to play in obtaining the said VISA matter and thus he claims that there was no deficiency in service for which he has prayed to dismiss the complaint petition as filed against him. 

Alongwith his written version, he has also filed copies of several documents in order to support his stand.

O.P no.1 has filed evidence affidavit through one Mr. S.B.Chawla, working as Deputy Manager,Legal but the contents of the said evidence affidavit of Mr. Chawla when perused, it is noticed that the same is a reiteration of the written version of O.P no.1 and nothing else.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P No.1, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainants is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainants are entitled to the reliefs as claimed by them?

Issue no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After going through the averments as made by the complainants in their complaint petition, the contents of the written version as made by the O.P no.1 together with the written notes of submissions as filed from both the sides and also after perusing the copies of all the documents as available in the case record it is noticed that admittedly the complainants had approached O.P no.1 in order to facilitate their Europe Tour for 11 days which was to commence from 18.11.2022 till 28.11.2022 for visiting Switzerland & Italy and they had paid an advance amount of Rs.3,72,000/- to the said O.P. on 3.9.2022.  Unfortunately, on 5.10.2022 the complainants could know that their VISAs were refused by the Switzerland Embassy.  It is also not in dispute that they had again tried for obtaining their VISAs by going to New Delhi and had approached the Switzerland Embassy there for which they had spent a sum of Rs.1,46,200/- for their Air tickets,fooding and lodging.  But still then they were unable to get through and their VISAs were not provided to them by the said Embassy.  Being aggrieved, the complainants have filed this case alleging that the O.Ps in not enabling them to perform their Europe Tour as desired by them are deficient in their services. 

Admittedly, the O.P no.1 is a service-provider and being a facilitator, it is the duty of the said O.P no.1 to facilitate smooth journey of Europe tour to the complainants.  After receiving the advance money from them as it appears, the said O.P had booked all the to and fro Air tickets, journey tickets there and also the hotel rooms there etc.  The permission to go in and around the country is definitely not within the purview of any service- provider or facilitator.  For obtaining VISA, the traveller should book the Air tickets first and it is the prerogative of the Embassy of the concerned country in order to scrutinize the purpose and aim of each tourist/foreigner in order to enable the said person to enter to their country and move around or stay.  As it appears from the refusal VISA notices, copies of which has been annexed by the complainants in this case, that each of them was refused by the Switzerland Embassy suspecting on the following grounds: -

The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.

There are reasonable doubts as to the reliability, as to the authenticity of the supporting documents submitted or as to the veracity of their contents.

This refusal of a country debarring any person to enter, go around and stay in their country is definitely is not within the grip and control of any service-provider and the concerned Embassy has the prerogative to allow or deny VISA as per the terms and conditions of their country only.  Moreso, the complainants have not filed any deed of agreement/contract so as to apprise this Commission that if the O.Ps had entered into any contract with the complainants assuring and taking responsibility of providing them VISAs in order to enable them to go to Switzerland and stay there.  Thus, from the aforesaid discussions, this Commission do not find any deficiency in service at any corner on the part of any of the O.Ps in order to implicate them as alleged by the complainants.  Accordingly, this issue goes against the complainants. 

Issues no.i & iii.

From the discussions as made above, the case of the complainants is not maintainable and the complainants are not entitled to the reliefs as claimed by them.  Hence it is so ordered;

                                              ORDER

Case is dismissed on contest against O.P no.1 and exparte against O.Ps no.2 & 3 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 22^nd day of   September,2023 under the seal and signature of this Commission.         

                                                                                       Sri Debasish Nayak

                                                                                              President

                     

                                                                                   Sri Sibananda Mohanty

                                                                                                      Member