Date of filing : 02-07-2011
Date of order : 25-04-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.156/2011
Dated this, the 25th day of April 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
K. Ramachandran, } Complainant
Karimbil Veedu,
Kalichanadukkam.Po,
Nileshwaram.Via,
Kasaragod.Dt.
(Adv. M.Purushothaman, Hosdurg)
1. Muhammad Rafi, Managing Director, } Opposite parties
Al-Fahad Tours & Travels, IIIrd floor,
Lakshmi Sadan College Road, Palakkad. 678001.
2. Biju, Director
Al-Fahad Tours & Travels, IIIrd floor,
Lakshmi Sadan College Road, Palakkad. 678001.
3. Devan, Manager
Al-Fahad Tours & Travels, IIIrd floor,
Lakshmi Sadan College Road, Palakkad. 678001.
(Ops 1 to 3 Adv. T.V. Satheyndran, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
Being attracted by the advertisement of opposite party in News Papers offering “Visa” to Canada. Complainant approached 0pposite parties for a visa to Canada. Complainant contacted opposite parties through telephone and enquired details. The total amount for visa is `3,00,000/- out of which an advance `50,000/- was given first and the balance can be only after receiving visa. Opposite parties came to the house of the complainant on 03-04-2009 and collected `50,000/- as advance. In April complainant received a circular from opposite parties stating that they have applied for work permit and the same will be issued in April 2010 and requesting his patience till April. Complainant is not availed visa so far. Hence the complaint.
2. According to Opposite parties 1 to 3, the entire allegation leveled against opposite parties by complainant is false. Complainant approached opposite parties firm and requested to arrange visa for any other country. Complainant paid the amount to opposite parties from the shop of opposite parties. Opposite parties their level best to contact the complainant but there is no response and opposite parties incurred loss due to the non-response of the complainant.
3. Complainant filed proof affidavit in support of his case. Exts A1 to A2(a) marked. Complainant is cross-examined on affidavit. As opposite parties has no oral evidence, both sides heard and documents perused.
4. Here the complaint being attracted by the advertisements given by the opposite parties contacted them for a Visa to Canada through telephone. Opposite parties came to the house of the complainant and collected `50,000/- as advance for the visa on 3-4-2009. The balance was agreed to be given only after receiving a circular to the complainant in April stating that they have applied for work permit and the same will be issued in 2010 April.
5. Opposite parties had collected the photocopy of complainant’s passport size photos. As per the request of opposite parties complainant waited till 2010 April. Thereafter the complainant contacted them through phone but neither visa nor money was returned so far. As the opposite parties agreed to give visa and received advance, complainant did not entrusted other agencies or tried for another job. Thus he suffered monitory loss and mental agony due to the deficiency of service on the part of opposite parties. Ext.A1 is the receipt issued by opposite parties after receiving `50,000/- from complainant. If the opposite parties tried their level best to contact the complainant they failed to find out him. Ext.A2 is a circular issued by AL-Fahad Tours and Travels (opposite party )requesting him to be patient till April, that work permit will be issued in April. Thereafter the opposite parties informed him that they will repay the money. It is clear from evidence and documents that the advance was not returned to the complainant.
6. We are of the view that there is deficiency of service on the part of opposite parties. As soon as they came to know that they are unable to provide visa to the complainant, they could have inform it and return their advance. Giving false advertisement and thereby earning money is unfair trade practice and opposite parties are following the same. Believing the words of opposite parties complainant waisted a long period and thereby caused huge monetary loss and mental agony. Complainant is entitled to get back the advance, as the opposite parties failed to perform their part. Ext.A2 is a circular issued by opposite parties requesting the complainant to be patient till April 2010. Complainant never expect cheating from opposite parties as they are doing business under a name and style in a particular place. Here the practice adopted by opposite parties earning business is not fair for which they have to be penalized.
In the result, complaint is partly allowed and opposite parties are directed to return `50,000/- with interest 9% and cost of ` 3,000/- within 30 days from the date of receipt of this order. Failing which `50,000/- will carry an enhanced rate of interest of 12% from 3-4-2009 till payment.
MEMBER MEMBER PRESIDENT
Exts.
A1.3-4-2009 receipt issued by Al-Fahad Tours & Travels to complainant for an amount
of `50,000/-.
A2.26-3-2010 Circular
A2(a) stamped postal cover addressed to complainant.
PW1. Ramachandran.
MEMBER MEMBER PRESIDENT
Pj/
