By Sri.M.S.Sassidharan, Member:
Complainant’s case is that the complainant’s parents are working at Saudi and she is residing with her grand father. The complainant booked an Air ticket in the Saudi Arabian Airlines on 24/3/12 to join with her parents at Saudi. The complainant entrusted the respondents to get her visa duly stamped. She gave her passport visa, birth certificate and other required documents to the respondents and also gave Rs.5,000/- as service charge. The complainant had to accompany on Syju Thomas who was going to Saudi on 24/3/12. The visa was not returned duly stamped in time. On 23/3/12 all the documents except visa were returned to the complainant. It was assured that the Visa would be brought at before going to the airport on 24th. But the visa was not received and the complainant could not go to Saudi on 24th. The complainant had to cancel her air ticket and lost Rs.18,245/- and to lost Rs.11,900/- she paid at the Embassy. Altogether the complainant lost Rs.1,48,685/- due to the deficiency in service committed by the respondent. The complainant is entitled to get back the amount. So a lawyer notice was issued on 24/7/12. The respondents received the notice. But there was no reply or remedy. Hence the complaint filed.
2. The respondent called absent and set exparte.
3. The complainant filed affidavit and the documents produced to prove the case are marked as Exhibits P1 to P10.
4. The complaint is filed to compensate the loss sustained to the complainant due to the alleged deficiency in service by the respondent in getting the visa stamped in time. The complainant had to travel to Saudi Arabia to join her parents during the vacation. For that she booked an air ticket. The respondent was entrusted get her visa duly stamped for which she paid Rs.5,000/- as service charge. All the relevant documents were also given to the respondents. But the visa was not received after stamping it on 24/3/12 the day on which the complainant had to accompany on Syju who was going to Saudi on that day. The complainant had to cancel her ticket and she had to purchase another ticket. Exhibit P1 reveals that they received the documents for getting the visa stamped . Exhibit P2 is evident that the journey was fixed on 24/3/12. Exhibit P8 reveals that the journey was actually on 26/3/12. Hence it is made clear by the documents produced that the complainant could not make her journey on 24/3/12 as scheduled due to the non-receipt of the stamped visa. The complainant had to fly on 26/3/12. The mental stress faced by the guardian on such a condition cannot adequately express through words. So the respondent is liable to compensate the loss sustained to the complainant.
5. Since the respondent remained exparte there is no evidence to the contrary.
6. In the result the complaint is allowed and respondent is directed to pay Rs.1,48,685/- (One lakh forty eight thousand six hundred and eighty five only) being the loss sustained to the complainant due to the postponement of the journey with Rs.50,000/- (Rupees Fifty thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost within two months from the date of receipt of the copy of the order. Unless it is paid on the prescribed time limit Rs.1,48,685/- will carry interest at the rate of 12% from the date of complaint till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 21st day of June 2013.
