DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Thursday the 29th day of February 2024
CC.33/2024
Complainant
Abdul Rasheed.O.K,
Ozhalakkunnummel (HO),
Elettil. P. O, Koduvally,
Kozhikode - 673572
Opposite Party
The Manager,
Visa Application Centre,
VFS Global Services Pvt. Ltd,
1st Floor, Coastal Chambers,
(Manoj Tower), Ravipuram,
M. G. Road,
Cochin - 682015
ORDER
By Sri.V.BALAKRISHNAN - MEMBER
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The complainant decided to visit Saudi Arabia. So the opposite party, which is a visa application processing centre was contacted by him. They informed him to be present on 23/08/2023 at their office. On the same day, he attended the office and an amount of Rs. 14,400/- was paid as the visa application processing fee. On the same day, he came back after getting the assurance that visa and passport would be received within 15 days. Later on getting information from Blue Dart courier, Calicut, he collected the cover sent by the opposite party. It contained only passport and Feed Back form and no visa was received. As per the instruction, the original Feed Back form duly filled was handed over at Cochin office to get back the already paid amount. The opposite party informed that refund would be received in his bank account within 15 days. But so far no amount was refunded by the opposite party.As the visa was not received in time he could not attend his business meeting at Saudi Arabia. He also lost the amount paid for the visa application processing charge.
- So the complainant has approached this Commission to give direction to the opposite party to pay compensation of Rs. 40,000/- for the financial loss and the hardship suffered.
- The opposite party was set ex-parte.
- The points that arise for determination in this case are; 1) Whether there was any deficiency of service on the side of the opposite party, as alleged? 2) Reliefs and costs.
- Evidence consists of the oral evidence of PW1 and Exts A1 to A9.
- Heard the complainant.
- Point No. 1: In order to substantiate this case, the complainant got himself examined as PW1. PW1 has filed the proof affidavit and deposed in terms of the averments in the complaint. Ext A1 is the copy of visiting visa of the complainant to the Kingdom of Beharin, Ext A2 is the ticket of KSRTC from Kozhikode to Ernakulam, Ext A3 is the appointment letter, Ext A4 is the copy of the passport of the complainant, Ext A5 is the cash receipt for the payment, Ext A6 is the details of sponsors written in Arabic language, Ext A7 is the copy of the visa platform form, Ext A8 is the copy of the Feed Back form and Ext A9 is the registered letter returned.
- It is averred in the affidavit that the complainant was informed to be present in the office of the opposite party who is running the visa service centre for Saudi Arabia. From Exts A2 and A3 it is evident that he performed journey to Ernakulam and attended a personal interview in the office of the opposite party on 23rd August 2023 for visa processing purpose. From Ext A5 it is evident that he made the cash payment of Rs. 11,828/- to the opposite party as visa processing charge. From Ext A8 it is clear that the complainant was not able to receive his visa to Saudi Arabia and accordingly Feed Back form was submitted by him for refund. But the amount was not refunded.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to state his version and he chose to remain ex-parte. No contra evidence is there. Deficiency of service on the part of the opposite party stands proved by the testimony of PW1 and Exts A1 to A9. The complainant is entitled to get refund of the visa processing amount paid. He is also eligible for compensation of Rs. 15,000/- for the hardship and financial loss suffered.
- POINT No.2 : In the light of findings of the above point, the complaint is disposed of as follows; a) CC No. 32/2024 is allowed in part. b) The opposite party is directed to pay a sum of Rs. 11,828/- (Rupees eleven thousand eight hundred twenty eight only), to the complainant being the visa processing charge paid by him. c) The opposite party is directed to pay a sum of Rs. 15,000/-(Rupees fifteen thousand only) as compensation to the complainant for the hardship and financial loss suffered. d) The payment shall be made within 30 days from the date of receipt of copy of this order, failing which the amount of Rs.11,828/- shall carry an interest at the rate of 6% per annum from the date of this order till actual payment. e) No order as to costs.
Pronounced in open Commission on this, the 29th day of February, 2024.
Date of Filing: 15/01/2024
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Copy of visiting visa of the complainant to the Kingdom of Beharin.
Ext.A2 – Ticket of KSRTC from Kozhikode to Ernakulam.
Ext.A3 – Appointment letter.
Ext.A4 – Copy of the passport of the complainant.
Ext.A5 – Cash receipt for the payment.
Ext.A6 – Details of sponsors written in Arabic language.
Ext.A7 – Copy of the visa platform form.
Ext.A8 – Copy of the Feed Back form.
Ext.A9 – Registered letter returned.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Abdul Rasheed.O.K (Complainant)
Witnesses for the opposite parties
Ni.
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar.