CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.429/2012
GAURAV SAXENA
S/O. SH. VINOD KUMAR SAXENA
R/O. B-101, DEFENCE OFFICERS APARTMENTS,
PLOT NO. 33, SECTOR-4, DWARKA,
NEW DELHI-110075 …..COMPLAINANT
Vs.
OCCIDENTAL & EASTERN SERVICES PVT. LTD.,
THROUGH ITS MANAGING DIRECTOR MR. SANWAR ALI,
HAVING ITS REGISTERED OFFICE AT:-
LEVEL 15, EROS CORPORATE TOWER,
NEHRU PLACE,
NEW DELHI-110019.
ALSO AT:-
C/O WORK PERMIT.COM
PAHARPUR BUSINESS CENTRE,
NEHRU PLACE GREEN,
NEW DELHI-110019, INDIA. …..OPPOSITE PARTIE
Date of Institution-27/09/2012
Date of Order- 02/11/2022
O R D E R
MONIKA SRIVASTAVA-PRESIDENT
The complainant in the present compliant has prayed for refund of advance of GBP 470/- which at the time of institution of complainant was equivalent to Rs. 40,000/-, refund the cost of Rs. 26,800/- and Rs. 37,400/- towards the cost of air ticket from New Delhi to London and London to New Delhi. Compensation of Rs 5,00,000/-is claimed towards loss of future employment of the complainant. Further compensation of Rs. 1,00,000/- towards mental agony and harassment and Rs. 25,000/- towards litigation expenses. The aggregate value of prayer in INR is Rs. 7,04,200/-
- The complainant claims to be accredited with highly skilled migration program (HSMP) visa on his passport which was awarded by UK Border (Visa governing authority). It is stated since OP is engaged in the business of international immigration consultancy service work, they were approached by the complainant on 27.06.2012 for the purpose of extension of HSMP Visa for United Kingdom.
- It is stated that OP vide its mail dated 28.06.2012 expressed their desire to accomplish the assignment for the complainant. The complainant was advised to be physically present in London for the purpose of filing of such application with the visa department.
- The total fees of OP agreed was GBP 1300/- of which GBP 470/- was payable at the time of signing of contract between the parties and balance GBP 830/- was to be paid at the time of completion of application process in UK. A contract was executed between the parties on 23.07.2012 in terms whereof, the complainant paid a sum of GBP 470/- to the OP.
- It is further stated that following the directions of OP, the complainant booked a flight ticket from New Delhi to London on 29.07.2012 for a total cost of Rs. 26,800/-. The complainant contacted the London office of OP wherein it was informed that he is not eligible for visa extension. He was also informed that the official visa fees is GBP 1800/- though he was informed in Delhi that the fees shall be GBP 700/-. The application of complainant was not filed because of his ineligibility for visa extension. Consequently, the complainant was compelled to return to India for which he had to spent GBP 440/- towards the air fare.
- The grievance of the complainant is that OP should have informed him about his ineligibility to seek renewal while he was in India which would have saved him the cost and botheration of travelling to London. He was also troubled that he was given an inaccurate description of the official fees of applying for visa in UK.
- Upon complainant’s following up with the OP for refund of money, initially the representative of OP agreed to return the money but later became unresponsive. In response to email dated 07.08.2012, the OP vide its email dated 08.08.2012 ruled out refund of cost of air fare but tacitly stated they are open to refund the fees collected by them. Subsequent emails for reminders were sent but the OP has not made any refund, so far.
- It is further stated that the complainant has lost renewal of his HSMP visa on account of lacklustre and sluggish attitude of OP. It is stated that his VISA could have been easily renewed if the OP had represented the complainant at right time before the concerned authorities.
- A legal notice was issued to OP on 01.09.2012 which could not be served on OP. The postal envelopes came back with the report “left”.
Complainant has filed his evidence by way of affidavit and written submission. No pleadings were filed by OP as they have been proceeded ex-parte.
This Commission has gone through the entire material on record. A harmonious reading of para 11 of the complaint and email dated 07.08.2012 indicates that the complainant, for the first time was informed about his ineligibility to seek renewal of his existing visa while he was in London. At the same time, he was also informed that the visa fees would be GBP 1800/-.
OP which is a professional consultancy firm ought to have informed the complainant about his ineligibility to apply for renewal of visa while he was in India. OP has been deficient in his duties, in guiding the complainant to visit London, which in the opinion of this Commission, is an unfair trade practice and amounts to deficiency in service. The complainant, if appropriately informed, may not have opted to travel to London for filing the application for renewal. The OP gave misleading advice and misrepresented to the complainant about his chances of getting his Visa renewed, thus are liable to refund the fees received by them. OP vide its mail dated 08.08.2012 has also admitted their liability to the extent of fees received by them.
Therefore, this Commission is of the opinion that interest of justice would be served by granting of refund of Rs.1,04,200/- being the aggregate cost of air fare and amount paid as fees to OP, along with interest @ 5% per annum from the date of filing of present complaint till realization. A compensation of Rs. 10,000/- is granted towards the mental harassment. This Commission however feels the complainant is not entitled to compensation for loss of future employment as Complainant has failed to prove any loss suffered by him because of non-renewal of HSMP visa. This entire amount has to be paid by the OP within a period of three months from the date of this order failing which the amount payable i.e Rs. 1,04,200/- would carry interest @ 9% p.a.
The complaint is partially allowed.
Order to be provided to the parties as per rules. File be consigned to the record room. Order be uploaded on the website.
