Order No. 19 dt. 27/09/2016
The case of the complainants in brief is that his son in law at present settled in Sweden and their daughter was residing with her husband for the purpose of overseas travel the complainants contacted o.ps. and they agreed to make the necessary arrangement for obtaining UK and Schengen visa and for that purpose complainants handed over all the relevant documents. On the basis of the assurance given by o.ps. the complainant paid Rs.30 lakhs for making tour after deportation from Frankfurt Airport to Sweden and return from Copenhagen Airport to Kolkata. In spite of providing all the papers o.ps. did not submit the duly filled up visa application concerned authority for issuing the Swedish visa and keeping the passport at their own custody and only handed over two flight tickets for flying on 18.5.13, as a result of which the complainant could not avail the said tour programme from 18th May to May half day of 24th 2013 in accordance with the tour scheduled of o.ps. along with the other tourists.
Due to such negligent act on the part of o.ps. for handing over the Swedish visa in spite of taking money the complainant suffered mental agony. On 23.5.13 the complainants went at the office of o.ps. and collected the Swedish visa and surprised to find that the said Swedish visa stamped on 22.5.13. The complainants made contact with o.ps. on 7.5.13 and came to learn that the o.ps. sent the filled up form for obtaining Swedish visa on 3.4.13.
Since during the said period and prior to the date scheduled for departure on 18.5.13 the complainant paid total sum of Rs.4,10,922/- within 10.5.13 to o.ps. The complainants had no other alternative but decided to go Sweden. Since the o.ps. handed over air flight tickets for flying Kolkata to Paris return from Copenhagen to Kolkata and the complainants compelled to travel independently and had to travel without any cooperation from the o.ps. The complainants during that period did not avail of any place, hotel etc. which ought to have been provided by o.ps.
Due to negligent bad trade practice and also deficiency in service on the part of o.ps. for submitting the duly filled up visa the complainants had to travel to Paris independently and after considering all the expensed incurred by the complainants the complainant prayed for Rs.1,60,238/-, Compensation of Rs.5 lakhs and litigation cost of Rs.50,000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant came for the purpose of the tour programme and after detail consultation the complainant agreed with the tour schedule. It was stated that the person who want to make tour to Europe including UK they have to take UK visa and other European countries visa which is termed as Schengen visa. The complainants applied for Schengen visa through o.p. no.1 which reached Swedish Embassy on 29.4.13. The usual procedure for obtaining schengen visa is that the country in which the tourist will stay more days will give schengen visa. The other 30 members of that group also applied for schengen visa but not to Swedish Embassy. This is only because, the complainants showed their willingness to stay for longer duration with their daughter and son in law who are residing in Sweden. They also told the o.p. no.1 that they would be parted from other members shortly before the departure from abroad and they would depart from Sweden to Kolkata separately on different date. Since Swedish Embassy committed delay in issuance of visa which is under nobody’s control excepting the discretion of the Embassy and the complainant knowing fully well the terms and conditions signed on the form.
The o.ps. denied that the o.ps. did not submit the duly filled in visa application to the concerned authority for issuing the Swedish visa and kept the passport in their custody for which the complainants could not avail the tour schedule. Actually the complainants were interested to stay in Sweden with their family members. As the visa was issued by Swedish Embassy after some delay the o.ps. proceeded the tour with other 30 members as per their programme. It was stated further that they would be missing five days of the trip before departing from Kolkata and joining the tour in Paris on 24.5.13.
The claim made by the complainants is not at all feasible since the complainant himself was at fault and this Forum cannot give any relief to the complainant.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainants were not provided with the Swedish visa within the stipulated period.
- Whether the complainants had suffered due to unfair trade practice on the part of the o.ps.
- Whether the complainants will be entitled to get relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
The complainant himself argued that his son in law is settled in Sweden and their daughter was residing with her husband and for the purpose of overseas trouble the complainant made a contact with o.ps. for overseas tour and for the said purpose the complainant paid Rs.30 lakhs for obtaining visa and also handed over necessary papers on 3.4.13 and subsequently the complainant paid Rs.4,10,992/- including deportation from Frankfurt Airport and return from Copenhagen to Kolkata in accordance with the scheduled written in the documents. The said amount was paid for the purpose of tour including package cost of M/s Aviana. The complainants handed over all the necessary documents to the o.ps. but o.ps. did not submit the filled up visa application to the concerned authority for issuing the Swedish visa and keeping the passport of the complainants at their own custody. The visa was not provided to the complainants till 18.5.13 as a result the complainants could not avail the said tour programme during the period of May 18 to half day of 24.5.2013 in accordance with the tour schedule of the o.ps. along with other tourists. The complainants after visiting the office came to learn that Swedish visa stamped on 22.5.13. The complainants became astonished and he contacted Swedish visa officer who informed him that for obtaining visa the filled up form was received by Swedish office on 7.5.13 though the complainants paid Rs.2,67,992/- out of total sum of Rs.4,10,922/- and necessary papers were handed over on 3.4.13. Since the complainants paid total sum of Rs.4,10,922/- the complainants had no other alternative but decided to go Sweden. The o.ps. handed over the air flight tickets to the complainants and the complainants had to travel independently without physical assistance of o.ps. The complainants instead of their independent travel had to bear their own expenses and they had to face various problems including the language problem for which the complainants faced immense hardship. The complainants had to hire one interpreter by paying an amount of Rs.11,710/-. Due to such hardship and the negligent act on the part of o.ps. and deficiency in service the complainant suffered immense loss and accordingly prayed for the amount of Rs.1,60,238/-, compensation of Rs.5 lakh and litigation cost of Rs.50,000/-.
Ld. lawyer for the o.ps. argued that the application for obtaining visa from the Swedish Embassy was made on 30.4.13 and if any delay was committed the same was done by Swedish Embassy and the visa was received by complainants before the commencement of journey in respect of other members but the visa of the complainants became delayed due to stay in Sweden for few days and therefore the tour proceeded with the complainants which is not the fault of the o.p. no.1. The purpose of the tour and the arrangement made by o.p. no.1 for the complainants in tour schedule against payment which cannot claim from the tour operator. The complainants were fully aware regarding the terms and conditions of the programme. The complainants though claimed that they incurred an amount of Rs.11,710/- as travel expenditure but no document was produced. The non availability of the visa or delay in getting visa is not the responsibility of o.ps. therefore the delay caused in processing and issuing visa by Swedish country was beyond their control, the o.ps. cannot be said to have committed any deficiency in service.
Considering the nature of the tour programme as the complainants changed the programme on their own accord and they were fully aware that they cannot enjoy the five days tour programme. Therefore the complainants cannot claim any financial benefit by making false allegation against the o.ps.
Having regard to the submissions made by the respective parties it is an admitted fact that the complainants paid Rs.30 lakhs and further paid several lakhs phase by phase in order to have the enjoyment of the tour programme conducted by the o.ps. for 17 days. The complainants before the commencement of the tour informed the o.ps. that they would join with the tourist parties after visiting Sweden and they will join afterwards. From the materials on record it is found that the complainants paid Rs.4,10,992/- for having visa to visit Sweden but the complainants in spite of handing over all the necessary documents due to not taking proper action on the part of the o.ps. for pursuing the filled up form for obtaining visa for the complainants for visiting Sweden. The complainants got the visa after some days and they were provided with the air tickets afterwards as a result of which the complainants could not enjoy the tour programme as mentioned in the scheduled in the said 17 days tour programme including Switzerland, Vatican City, Italy, Austria, Germany. Because of not availing of the assistance from the o.ps. the complainants had to face various problems including language problem and they were not assisted by any of the representative of o.p. no.1. From the materials on record it is crystal clear that the complainants belonging to the group of senior citizens they had to face untold sufferings due to negligent act committed by o.p. no.1 in spite of the fact that the complainants paid all the money as and when it was demanded by o.p. no.1. The complainants had paid the full amount but five days tour was curtailed due to lack of taking proper care and pursuing the matter for obtaining visa in respect of the complainants by o.p. no.1. Therefore we hold that there was gross deficiency in service as well as unfair trade practice committed by the o.ps. and accordingly, the complainants will be entitled to get the relief of the portion of the amount paid by them for the purpose of the said tour programme. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.34/2014 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.1,60,238/- (Rupees one lakh sixty thousand two hundred thirty eight) only and compensation of Rs. 50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
