SMT. MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite parties to refund an amount of Rs.11,520/- collected by them towards application fee for visa appointment with 12% interest till realization for the deficiency of service on their part.
The case of the complainant in brief
The complainant is the Indian Passport holder bearing No.U5162188 and submit that he has applied for tourist VISA under class B1/B2 through OP No.2 and has paid an application fee of RS.11,520/- to OP No.1. The application confirmed and appointment to appear before VAC on 30/04/2020 and before consular on 01/05/2020 for visa interview at Chennai. But due to the pandemic covid-19 and the lockdown imposed by Government of India and the restriction to travel the complainant was not able to attend the interview. Complainant was given an appointment confirmation letter to attend the interview through the e-mail address of OP NO.2. Then the complainant submit that due to the pandemic Covid 19 the routine consular operation was suspended during the lockdown period and the routine VISA operation of OP No.1 was not restored for a long period. The entire office of OP NO.1 was shut down during this period. He only applied for a US Visa to visit his family friend and this was a planned trip by the complainant and also his daughter and her family who are suppose to join the complainant at USA from Australia. The complainant has now dropped his plan to visit USA and hence there is no purpose now for the complainant for USA Visa. Hence the complainant through OP No.2 requested to refund the application fee. OP NO.1 as per the e-mail letter dated 01/10/2020 informed that the visa application fees are non refundable and the receipt is valid for one year from the date of payment. OP No.1 assured that they will extend the payment of MRV fee until 31st December 2021 to allow all applicants who were unable to schedule a visa appointment as a result of the suspension of routine consular operations. The complainant stated that he has applied for US Visa through OP NO.2 at Kannur and all the communications with OP NO.1 with regard to US Visa was done by 2nd OP through their staff Anula from her email address anulasusil@gamail.com. The appointment of the complainant for interview cancelled not due to any act of the complainant but since OP 1 has shut down their office due to Covid 19 pandemic and no purpose will be served for the complainant. So the complainant cannot use MRV fee paid by the complainant and the amount will be refund to complainant. But the OPs failed to do so. The act of OPs the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OPs. Hence the complaint.
After receiving notice OP No.2 appeared before the commission and filed his written version. OP No.1 refused the notice and set ex-parte. OP No.2 contended that the complainant was given an appointment confirmation letter to attend the interview through the e-mail address of OP No.2 is not correct. Moreover, it was not true that the complainant through OP No.2 has requested to refund the application fee. The OP No.1 as per e-mail letter dated 01/10/2020 informed that the Visa application fees are non refundable and the receipt is valid for one year and the payment of MRV fee until 31st December 2021 to allow all application who are unable to schedule a visa appointment. This OP is an unnecessary party to this complaint. This OP is not liable to pay the amount of Rs.11,520/- and the interest claimed by the complainant. This OP is not liable to pay amount by way of refund or interest to the complainant as claimed. There is no deficiency in service on the part of OP No.2. So the complaint is liable to be dismissed with cost.
On the basis of the rival contentions by the pleadings the following issues were framed for consideration.
- Whether there is any deficiency of service on the part of OPs?
- Whether the complainant is entitled for any relief?
- Relief and cost?
The evidence consists of the oral testimony of Pw1 and Ext. A1 to A3 were marked. On OP’s side no oral or documentary evidence.
Issue No.1
The complainant adduced evidence before the commission by submitting his chief affidavit in lieu of his chief examination to the tune of the pleadings in the complaint and denying the contentions in the version. He was cross examined as Pw1 by the OP No.2. The documents Ext.A1 to A3 were marked on his part to substantiating his case. According to the complainant, in Ext.A1clearly shows that on 30/04/2020 the visa the visa appointment confirmation and he paid Rs.11,520/- to OP No.1 and on 01/05/2020 is the consular appointment details noted. In Ext.A2 is the G-mail, request of the refund of visa appointment fee. In Ext.A3 is the reply sent by OP No.1 dated 01/10/2020 show that the US mission will extend the validity of the payment until 31st December 2021, to allow all applicants who were unable to schedule a visa appointment as a result of the suspension of routine consular operations an opportunity schedule or attend visa appointment with the already paid fee. But at this time there is no purpose to the complainant for USA visa. So the complainant through OP NO.2 requested to refund the application fee already paid to OP NO.1. But the OP No.1 denied to refund the amount to complainant. Then OP No.2 stated that there is no deficiency of service on his part. So he is not liable for the act of OP NO.1. From the side of OP’s except the version of OP No.2. no other evidence or documents produced before the commission to prove their defense.
On perusal of the pleadings, documents and evidence we, the commission hold that the complainant paid Rs.11,520,/-to OP No.1 for the visa appointment fee. But due to the pandemic Covid 19 and the lockdown imposed by Govt. of India and restriction to travel the complainant was not able to attend the interview. So the OP No.1 is liable to refund the amount to complainant. We hold that there is deficiency of service and unfair trade practice on the part of OPs. Hence the issue NO.1 found infavour of the complainant and answered accordingly.
Issue No.2 & 3
As discussed above the complainant has paid Rs.11,520/- to OP NO.1 for visa appointment fee. The complainant was given an appointment confirmation letter to attend the interview through the e-mail address of OP NO.2. But the complainant was not in a position to attend the interview at Chennai due to the pandemic Covid 19 and the lock down imposed by Government of India and the restrictions to travel the complainant to attend the interview. So we hold that the OP was directly bound to redressal the grievance caused to the complainant. So the complainant is entitled to get the visa application fee from OP No.1. Therefore we hold that OP No.1 is liable to refund Rs.11,520/- to the complainant along with OP NO.1 and 2 Jointly and severally liable to pay compensation and litigation cost of Rs.5000/- to the complainant. Thus the issue NO.2 and 3 are also accordingly answered.
In the result the complaint is allowed in part directing the opposite party No.1 to refund Rs.11,520/- which carry 9% interest per annum from the date of payment till realization to the complainant along with OP No. 1 & 2 jointly and severally liable to pay compensation and cost of Rs.5,000/- to the complainant within 30 days of receipt of this order. In default the amount of Rs.11,520/- which carries 12% interest per annum from the date of payment till realization. Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts.
A1 –Vis appointment confirmation
A2-Gmail request for refund of visa
A3- Gmail request for refund of visa appointment fee dated 01/10/2020(Reply)
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
