IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
CC No. 247/14
Friday the 10th day of July, 2015
Petitioner : Anoop Skaria,
Kudilil House,
Pampakuda PO,
Onakkoor Village
2) Tintu Anoop,
W/o Anoop Skaria,
do-do-do
(By Adv. Avaneesh V.N)
Vs
Opposite parties : 1) Benny Chacko,
Alans International Education and
Immigration Service, Room No.19,
1st floor, N.S.S. Karayogam Building,
Perunna, Changanacherry Residing at
Vadakkummuriyil House,
Eraviperoor PO, Vallamkulam,
Pathanamthitta, 689542.
2) Jancy Benny,
W/o Beeny Chacko,
Alans Interational Education and
Immigration Service, Room No.19, 1st
floor, N.S.S. Karayogam Building,
Perunna, Changanchery Residing at –
do - do -
(.OP 1& 2 Adv. Abijith S.)
O R D E R
Hon’ble Mr. Bose Augustine, President
The case of the complainant filed on 16/7/14 is as follows.
The complainants were working at UK as a general nurse. The opposite parties were conducting a travel agency jointly in the name of Style Alans International Educational and immigration service at Changanacherry. In August 2013 opposite parties made an advertisement in Malayala Manorama daily stating that they are arranging permanent resident visa for nursing job to Abroad. On seeing the said advertisement the complainants approached the opposite parties office at Perunna. And the opposite parties promised to arrange job and dependent visa. They also informed that Rs.6,90,000/- is be given for arranging the job visa. On believing the representation made by the opposite parties the complainant on 19-10-13 remitted Rs.2,00,000/-, to the 2nd opposite parties account in Axis Bank Changanachery branch through transfer from Federal Bank Piravom Branch, and they issued receipt. According to the complainant as per the direction of the opposite parties they had remitted Rs.4,00,000/-, through account transfer. And on 13-12-13 Rs. 4,00,000/- was again transferred through the account. Subsequently on 3/1/14 Rs. 30,000/- was given to the 1st opposite party directly.. On 24-1-14 2nd opposite party informed to the complainant that the visa is ready and it was collected from the office of the opposite parties. On examination it was understood that the visa is only to Dubai. So complainant enquired about the visa. The opposite parties made representation that she will get the visa to Georgia from Dubai when they reached there. On believing the representation made by the opposite parties, complainants went to Ddubai and stayed for two weeks, at that time the 2nd opposite party informed that they get the visa to Georgia from Armenia. Then the 2nd opposite party sent the complainants and others to Armenia in a visiting visa and they were stayed in Armenia for 35 days. And complainants and others were sent to Georgia but on 27/2/12 during the journey to Georgia, they were obstructed by the Georgia Police and they informed that they could not enter Georgia because they have no sufficient documents. So on 8-3-14 they returned to Cochin.. According to the complainant the act of opposite parties in non-providing the visa to Georgia after collecting Rs.10,30,000/- amounts to deficiency in service and unfair trade practice. Hence this complaint.
The case was posted for version for 10 posting dates. Opposite party has not filed any version till 11-2-15 , this case posted for evidence of the petitioner. On 29-4-15 opposite parties filed version and on 4-5-15 they filed IA 162/15 for accepting the same. IA allowed and directed the opposite party to pay cost of Rs.500/- to the complainant. But opposite party has neither represented nor paid the cost. So version is not considered.
Points for determinations are:
- Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
- Relief and costs?
Evidence in this case consists of the proof affidavit of the 1st complainant and Ext.A1 to A4 documents.
Point No.1
According to the complainant opposite party made advertisement in Malayala Manorama Daily stating that they are arranging permanent residential visa for nursing job to abroad. On seeing the said advertisement the complainant approached the opposite party. On enquiry opposite party stated that they will arrange a job and dependent visa. According to the complainant opposite party accepted Rs.10,30,000/- for visa purpose. When they collected the visa, they understood that the visa is only up Dubai and opposite party made believed to the complainants that the visa to Georgea will be availed only when they reach Dubai. As per the direction of opposite parties the complainants arrived at Dubai and stayed at Sharjha for two weeks. Then the 2nd opposite party informed to the complainants that the visa to Georgia will get only from Armenia and sent the complainants along with others to Armenia in a visiting visa. They stayed there for 35 days, but visa to Georgea was not arranged by the opposite parties as promised. So on 8-3-14 the complainants were returned to Cochin. According to the complainants the act of opposite parties in non-providing the visa as promised, after accepting Rs.10,30,000/-, amounts to deficiency in service. The case of the complainant is proved by Ext.A1 to A4 documents. In the lack of contra evidence we are constrained to rely on the sworn proof affidavit and documents filed by the complainant. In our view, act of opposite party in not providing proper visa as agreed amounts to deficiency in service and unfair trade practice. Without saying what had happened caused much hardship, loss and sufferings to the complainants. So they are to be compensated. Point No. 1 is found accordingly.
Point No.2
In view of the findings in Point No.1 complaint is allowed.
In the result, the following order is passed.
- The opposite parties are directed to refund Rs.10,30,000/- with 9% interest from 16-7-14, the date of complaint till realization, to the complainant.
- Since interest is allowed no compensation is ordered.
- The opposite parties are directed to pay Rs.5000/- as litigation cost to the complainant.
The order shall be complied with within 30 days from the date of receipt of copy of the order.
Pronounced in the Open Forum on this the 10th day of July, 2015.
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
Appendix
Documents for the petitioner
Ext.A1-Photocopy of receipt dtd 19/10/13
Ext.A2-Photocopy of Statement of account dtd 25/4/14
Ext.A3-Photocopy of passport of 1st complainant
Ext.A4-Photocopy of passport of 2nd complainant
By Order,
Senior Superintendent
