FINAL ORDER/JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The instant application of complaint has been filed by the complainant U/s 12 of CP Act as amendated up to date stating inter alia that his nephew is working at Australia and he invested the complainant to visit Australia at his residence and sent the flight booking ticket of Kolkata to Sidney and Sidney to Kolkata and Australian Visitors Visa are also annexed therewith as annexure “A, B, and C” respectively.
It is further stated by the complainant in his petition of complaint that his nephew has also arranged for a seven days South Island Lick Tour, New Zealand from 14.10.2019 to 28.10.2019 by New Zealand based tour company namely HAKA Tours New Zealand and they also sent the booking confirmation including hotels, foods and transport after receiving the entire amount from his nephew.
The complainant further stated that his nephew also booked the confirmed their ticket from Sidney to Christ Church dated 13.10.2019 and returned from Christ Church to Sidney dated 22.10.2019 on payment of entire amount through bank. The photocopy of the flight booking ticket to Sidney to Christ Church and Christ Church to Sidney and the tour confirmation letter by New Zealand based tour Co. namely HAKA Tours are annexed herewith and annexed as “D and E”.
After getting the Australian Visa, the complainant applied for New Zealand Visitor’
Visa on 31.07.2019 through the office of the OP is running their office within the jurisdiction of this forum. and who are authorized Visa Application Centre of New Zealand, a service provider against
certain service charges, along with all the relevant documents as per check list like the photocopy of present and previous passport, three years IT return, six months bank statements, certificate issued of Secretary of Bar Association , Alipore Judges Court regarding the profession of complainant , his Identity Card issued by the Bar Council of West Bengal, Aadhaar Card, Pan Card vide Application No. 18814949, Client No: 72389702, and paid the entire process fees of Rs. 12,687/- (Rs. twelve thousand six hundred eighty seven ) but it is alleged that unfortunate, the complainant did not get any information about his Visa Status from the end of the OP in spite of receiving the process fees. However, on enquiry from the New Zealand Immigration Office, Mumbai informed him on 12.09.2019 through email that immigration office has declined to issue his visa on 21.08.2019 because the immigration officer Mr. Imran Khattri was not satisfied about his previous travel or visa status country like as New Zealand and about his strong occupational and financial commitments in the home country to return to, but the complainant got that information on 12.09.2019 on a enquiry of his own. The photocopy of all the required document has mentioned above, have been annexed herewith as annexure “F, G H, I and J” respectably.
The complainant further stated that in the year 2017 he travelled to Germany, France, Switzerland, Australia , Hungry and Italy on schengen Visa and prior to that he had visited Sri Lanka, Dubai and Bangladesh. Recently he got the Visa of Australia which would be shown from his present and previous passport. The photocopy of his passport is annexed as annexure “ K and L”.
It is further stated by the complainant that on receipt of the said email he replied by email along with all his documents on 13.09.2019 to the Immigration Officer and got a reply email on 14.09.2019 wherein he was advised to submit a new Visa Application with new information the photocopy both the email have annexed as annexure “M” collectively. Accordingly, the complainant again submit the Visa Application afresh along with process fess and necessary information which was received by immigration office and the receipt issued by the immigration office of New Zealand is annexed as annexure “N, O and P” respectively. Ultimately the complainant completed his tour in Australia and New Zealand and the returned to India but he alleged that dealing staff of the OP did not sent the relevant document of the complainant properly to the New Zealand Immigration Office, Mumbai for which initially the New Zealand Immigration Office, Mumbai declined the issue of visa to the complainant which caused mental pain and agony and also suffered financial loss for which the complainant sent a demand notice (annexure T) to the OP with a request to return back of amount of Rs. 12,687/- along with an amount of Rs. 1,50,000/- for compensation to him but even on receipt of notice the OP did not give any response which compelled to the complainant to file this case with a prayer for directing the OP to return back of Rs. 12,687/- and also to give direction to the OP for making payment of an amount of Rs. 1,50,000/- to the petitioner as compensation for his mental pain , agony and harassment along with litigation cost of Rs. 70,000/-.
The OP New Zealand Visa Application Centre, VFS Global Services Pvt. Ltd. has contested the claim application by filing a WV denying all the material allegations leveled against him. The OP declined the claim of complainant by stating inter alia in its WV that the claim application is false, frivolous, vexatious, and has filed with malafide intention.
Admittedly the complainant has submitted documents to the OP for his visa to New Zealand and initially that was rejected.
The contesting OP stated that the staffs of the OP have no influence upon the outcome of visa application .
it is also stated by the OP that the OP shall not refund any money to the complainant whatsoever the fate of this petition of complaint because as per refund policy of VFS Global Services it is categorical stated that no amounts is refunded to the applicant if the visa is refused or withdrawn because the final decision of the grant or refusal of visa lies with the embassy and the VFS global services has no influence upon such process and VFS global services is in no way responsible for delay or quick processing of the application in the embassy. so, the complainant has not come in clean hand in this forum and not entitled to get the relief as prayed for.
In view of the above stated pleading the points of considerations are as follows:-
- Is the case maintainable in its present form?
- has the complainant any cause of action to file the case
- Is the complainant a consumer?
- Is there any deficiency in service on the part of the OPs?
- Is the complainant entitled to get relief as prayed for?
- To what other relief or reliefs is the complainants entitled to get?
Decision with reasons
All the points of consideration are taken up together for convenience of discussion and to avoid unnecessary repetition.
It is found from the fact and circumstances of this case that the case is well maintainable in the eye of law because this court has ample jurisdiction both pecuniary and territorial jurisdiction to try this case and the complainant has filed this case within period of limitation and he had sufficient cause of action to file this case.
Admittedly, the complainant applied for New Zealand Visitor’s Visa on 31.07.2019 through the office of the OP as his nephew incidentally is working in Australia on 03.10.2019 by sending the flight ticket from Kolkata to Sidney on 03.10.2019 and returned from Sidney to Kolkata on 26.10.2019. The Australian Immigration Department granted visitor’s visa on 26.07.2019 which are brought in to evidence as exhibit A B and C respectively . After getting the Visa from the Immigration Office of Australia, the complainant applied for New Zealand Visitor’s Visa on 31.07.2019 through the office of OP ie New Zealand Visa Application Centre, VFS Global Services Pvt. Ltd. who are the authorised Visa Application Centre of New Zealand, a service provider against certain service charge along with all the relevant document as per check list. the complainant submitted the document like the photocopy of present and previous passport, , three years IT return, six months bank statements, certificate issued by Secretary of Bar Association , Alipore Judges Court regarding the profession of complainant , his Identity Card issued by the Bar Council of West Bengal, Aadhaar Card, Pan Card
vide Application No. 18814949, Client No: 72389702, and paid the entire process fees of Rs.
12,687/- (Rs. twelve thousand six hundred eighty seven )
The OP received the process fess by issuing money receipt dated 19.07.2019 ( annexure F) but after lapse of considerable period, the complainant did not get any information about his visa status then the complainant made contact with the New Zealand Immigration Office, Mumbai and New Zealand Immigration Office Mumbai informed him by email on 12.09.2021 that they have declined to issue his visa 19.08.2019 because the officer of immigration office Mr. Imran Khatri was not satisfied about his pervious travel or visa status country like new Zealand and about his strong occupational and financial commitment in the home country to return to. the complainant alleged that the New Zealand Immigration Office, Mumbai declined to issue his visa on 19.08.2019 but OP did not inform him about such incident rather the complainant was compelled to file a fresh application for Visa afresh to the OP along with required documents on payment of the process fees of Rs. 12,687/- again so, he claimed such conduct of the OP is amounting to deficiency in service but the New Zealand Immigration Office, Mumbai declined to issue the visa to the complainant due to dissatisfactory information about his previous travel or Visa status county like New Zealand and about his strong occupational and financial commitment in the home country to return to.
As per document filed by the complainant, it appears that the OP is only responsible for fixing the schedule of appointment , acceptance of application , acceptance of visa land logistics, submission of application in the embassy and returning the passport back to the complainant which the OP has done rightly and perfectly because on the basis of the application and document and payment of process fees by the New Zealand Immigration Office, Mumbai considered the application of the complainant and declined to issue the visa to him as they were dissatisfied about the previous travel and visa status country like New Zealand and also about the strong occupational and financial commitment in the home come to return to where the OP has no role so, though it is accepted by this commission that the complaint is a consumer but the complainant could not prove that he compelled to file the application afresh for getting New Zealand Visa on payment of process fess of Rs. 12,687/- along with required documents as he was directed by the New Zealand Immigration Office, Mumbai due to any fault on the part of the OP. The complainant is failed to prove by adducing evidence or by any sort of documents that due to negligence and deficiency in service of the OP. He compelled to file the application for getting New Zealand Visa on payment of process fess again along with document .
Under such circumstances, this commission is not in a position to accept the argument of Ld. Advocate of the complainant that the OP has role for his getting the New Zealand visa in delay rather New Zealand Immigration Office, Mumbai directing him to file the application for Visa afresh on payment of process frees further and he did the same where the OP has/had no role at all so, the question of deficiency in service , harassment, mental pain and agony caused by the OP to the complainant does not arise at all.
The complainant is not entitled to get any compensation from the OP rather he failed to prove the case against the OP beyond all the reasonable doubt and is not entitled to get relief as prayed for.
Hence,
Ordered
the case be and the same is dismissed against the OP on contest without any cost.
