ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/s Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not filling up the visa application form properly, thereby the visa authorities of USA at Chennai rejected their visa and hence they had to cancel their honeymoon trip and hence for refund of the remaining balance amount of Rs.2,89,902/- paid towards ticket booking and visa charges along with interest and for Rs.2,00,000/- towards damages and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The complainant along with her husband wanted to have a honeymoon tour to USA.  The tour was arranged by OP. They requested to pay Rs.7,21,614/- towards the package tour of USA.  The cost includes visa charges and the transportation charges and flight charges and hotel lodging charges. The same was paid by issuing two separate cheques.  They contacted OP for providing visa also.  The application was to be filled for getting the visa from US embassy at Chennai.  One Kiran of OP after obtaining information filled up the application DS160 wrongly without their consent and by giving false information in the said application. It was mentioned in the application that her husband’s annual income was Rs.6,00,000/- based on the application filed by Kiran on their behalf stating that his income was Rs.50,000/- per month.  Whereas, he was only a partner and not getting any salary.

3.      The total amount for the tour was being sponsored by her father Sri.N.S.Gururaja and the father in law Uday Kumar the father of her husband. This was not mentioned in the DS160 form, before the consulate at Chennai.  Had they correctly filled their application, they would have obtained the visa. Due to the mistake committed by OP, their application for visa was rejected.   The act of OP was very unprofessional.  They assured him to make another application and would get another appointment with visa authorities at Chennai and demanded Rs.30,000/- for two persons for another interview and further on request, one Shilpa of OP agreed to book it for free and to got an appointment with the visa authorities.  Again in the interview, their application for visa was rejected on the ground that nothing has changed in the past one month.  After making many calls with OP at J.P.Nagar branch, and after lot of correspondences, OP agreed to deduct only visa charges of Rs.23,680/- and refund the balance amount of Rs.6,97,934/-.  Afterwards, OP informed that as per the policy of the company of OP, they are only repaying Rs.80,000/- out of Rs.7,21,614/- on the ground that the tour was cancelled by the complainant, whereas, they never cancelled the tour. They had booked flight tickets much earlier to going for the visa interview. By the act of OP, they have lost their hard earned money.  After continuous efforts and phone calls, ultimately OP sent a cheque for Rs.4,31,712/- after deducting flight charges, GST and visa charges amounting to Rs.2,89,902/-, which is unfair trade practice as the visa was rejected on account of negligent act by OP in filling up the visa application wrongly.  Hence the complaint.

4.      Upon the service of notice, OP remained absent and hence placed exparte.

5.      In order to prove the case, complainant filed her affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

6.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

7.     POINT No.1 & 2:-

   Perused the complaint, affidavit evidence and the documents produced by the complainant.  It becomes clear from the correspondences and the email produced that the complainant for herself and her husband booked ticket to go to US package trip by paying Rs.7,21,614/- including the visa charges. OP has acknowledged the receipt of the said amount and also written letter stating that they have received passport from the complainant and also copy of the application DS160 for non-immigration visa application, wherein it is mentioned as temporary business pleasure visitor B, business and tourism.  OP also issued a letter to the consulate General at Chennai stating that the OPs are operating tours in US and the guest to depart on 10.05.2019 and coming back on 25.05.2019 by mentioning the names of the complainant and her husband Karthik.  

        8.     The series of letter correspondences, clearly brings out the deficiency in service on the part of OP in making the application before the Visa Issuing Authorities, wherein it is mentioned that paying for self, parents date of birth unknown, Rs.50,000/- is the salary of her husband and a partner in Vasavi Associates. As he is a partner, how he can draw a salary. Further another mistake is mentioning 21 days of stay in foreign country whereas the trip was only for 15 days.  

        9.     On the above mistakes, the visa authorities rejected the visa. On 17^th June 2019 OP has written a letter to the husband of the complainant that the tour has been cancelled by you(husband of the complainant) and they are returning Rs.4,31,712/- after deducting the actual cost incurred i.e., air ticket cost Rs.1,11,000/- visa fee Rs.11,840/- GST 22,111/-, in all Rs.2,89,902/- and the net payable as Rs.4,31,712/- and sent the same through cheque and further mentioning and requesting to send the visa rejection letter to further request the airline for refunding of air ticket from Bangalore to JFK and SFO to Bangalore and try to get the refund of the same.

        10.   On perusing the same, the air ticket cost the visa fee, and the GST amounts to Rs.1,44,951/- and the amount as per the say of OP to  be refunded was Rs.5,76,663/-.  There is a wrong calculation on the part of OP.  Further the rejection of visa on perusing the entire records is due to the wrong information given in the application by the OP.  Hence the say of the OP that the tour was cancelled by the complainant is not well founded and on baseless grounds. The allegation made in the complaint has not been rebutted by OP even after receiving the notice. hence we are of the opinion that there is negligence in filling up the visa application form on behalf of the complainant by OP men and there by deficiency in service.  In that respect, having received the visa charges have not properly attended to it and further there is unfair trade practice on the part of OP in not refunding the entire amount collected towards the tour package. Hence we answer point No.1 in the affirmative and in the result the complainant is entitled for refund of Rs.2,89,902/- along with interest at Rs.12% p.a., from 28^th March 2019 the day on which the visa was rejected till payment of the said amount and further interest at 12% on Rs.4,31,712/- from the said date till the payment of the said amount i.e., 17^th June 2019 and further the complainant was put to lot of mental agony and hardship for which we direct OP to pay a sum of Rs.25,000/- as damages and Rs.10,000/- towards litigation expenses and answer point No.2 partly in the affirmative and pass the following;

ORDER

1. Complaint is allowed in part with cost.
2. OP is directed to refund Rs.2,89,902/- along with interest at 12% p.a., from 28.03.2019 till payment of the entire amount.  Further OP is also directed to pay interest at 12% on 4,31,712/- from 28.03.2019 till 17.06.2019.
3. OP is also directed to pay a sum of Rs.25,000/- towards damages and Rs.10,000/- towards litigation expenses to the complainant.
4. OP is further directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 08^TH DAY OF MARCH 2021)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Tour package booking

Ex P2: Guest list

Ex. P3: Receipts for having paid the amount

Ex P4: Passport receipt

Ex P5: Online Nonimmigrant Visa Application

Es P6: Letter written by Mr.N.S.Gururaja to USA & Canadian consulate.

Ex P7: Letter written by Karthik B.U., to Consulate General, Chennai

Ex P8: Letter dated 24.03.2019

Ex P9: Online Nonimmigrant Visa Application

Ex P10: Main conversation between complainant and OP

Ex P11: Tour cancellation letter dated 17.06.2019

Ex P12: Photo of a mail

Ex P13: RPAD receipt

Ex P14: Letter written by the Karthik B.U.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

• NIL -

Copies of Documents produced on behalf of Opposite Party/s

• NIL -

MEMBER                                        PRESIDENT