ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Ms. Nipur Chandna, Member

          The case of the complainant is that, he had made a booking for a Europe trip from December 20^th, 2014 to January 3^rd, 2015 with the OP on 1^st December, 2014, by paying a sum o Rs1,00,000/- in cash and by further depositing a sum of Rs.50,000/- in the Bank account of OP on 6.12.2014.  It is alleged by the Complainant that he had been assured by the OP that all the visa formalities would be completed by it, and as such OP had collected all the required documents from the complainant and had applied for Schenghan visa.  It is further alleged by the complainant  that OP informed him that, his visa had got rejected on the ground that “Justification for purpose and condition of the intended stay was not provided”.  It is further alleged by the complainant that after  visiting the website of Italy VFS, he came to know that at least 15 days period is required for visa sanction”.  After cancellation/rejection of visa the complainant asked the OP to refund the amount. But the OP failed to do so on one pretext or another.  It is alleged by the complainant that after continuous follow-up, the OP agreed to refund only a sum of Rs.73,000/- out of Rs.1,50,000/- and refused to refund an amount of Rs.77,000/- under the pretext that this amount is non refundable.

          The complainant send a letter dated 17.2.2015 to the OP  asking him to refund the entire amount of Rs.1,50,000/- but all in vain.  The complainant therefore approached this Forum for the redressal of his grievance.

          Notice of the complaint was sent to the OP through Registered AD post on 30.4.2015.  The notice was not received back un-served, and therefore service was presumed to have been effected on the OP .  Since none had appeared on behalf of OP .  It was ordered to be proceeded with exparte.

          In his exparte evidence, the complainant has filed his evidence by way of his affidavits dated 20.8.2015, in which he has corroborated the contents of the complaint.

          We have heard arguments advanced at bar and have perused the record.

          The complainant has placed on record the payment receipts and bank deposit slip i.e. Annexure I and II, which clearly shows that the complainant had made the payment of Rs.1.50 lakhs to the OP for booking of Europe trip.  The complainant has also placed on record the copies of e-mails exchanged between him and the OP i.e. Annexure III

          Before filing this complaint, the complainant had served a demand notice dated 17.2.2015 on the OP .  The OP had failed to comply with or refute the allegations levelled in the notice.

          In number of cases, courts have held that where serious allegation are made against a notice in a notice and the allegations are not refuted and the notice is simply ignored, a presumptions may be drawn that the allegations made in the notice are true.  ( See Kalu Ram v/s Sita Ram 1980 RLR (Note 44) and Metro Polis travel v/s Sumit Kalra and a noted 98 (2002) DLT 573 (DB)

          The present case is one where such a presumption needs to be drawn in favour of the complainant .  From the un-rebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put fourth by the complainant is true.  IT appears to us that the OP had not taken due steps for the release of visa with concerned Embassy as a result of which the application for release of visa had been rejected.

          We hold OP guilty of deficiency in service and direct it as under:-

1. To refund to the complainant a sum of Rs.1,50,000/-.
2. To pay to the complainant a sum of Rs.20,000/- towards mental agony suffered by him.
3. To pay to the complainant a sum of Rs.5,000/- as a cost of litigation  

     The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule.           File be consigned to record room.

      Announced in open sitting of the Forum on.....................