Kerala

Trissur

CC/21/99

Sudheesh - Complainant(s)

Versus

Manager,Ikkandawarrier Road,Thrissur - Opp.Party(s)

A.D.Benny

30 Sep 2022

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/21/99
( Date of Filing : 10 Mar 2021 )
 
1. Sudheesh
-
...........Complainant(s)
Versus
1. Manager,Ikkandawarrier Road,Thrissur
-
2. Anugraha Tours & Travels Ltd,Rep by mg Director Fairmount Tower
11 nd Floor,Mavour Road,kozhikode
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. C.T.Sabu PRESIDENT
 HON'BLE MRS. Sreeja.S MEMBER
 HON'BLE MR. Ram Mohan.R MEMBER
 
PRESENT:A.D.Benny, Advocate for the Complainant 1
 
Dated : 30 Sep 2022
Final Order / Judgement

Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R, Member

                                               

30th day of September 2022

CC 99/21 filed on 16/02/21

 

Complainant:                  Sudheesh, S/o Chandrasekharan, Kunjeerakath,

                                      Thiruvenkitam P.O., Thrissur- 680 101.

                                      (By Adv. A.D.Benny, Thrissur)

 

Opposite Parties:   1.       Manager, Aruha Tours & Travels (P) Ltd,

                                      C.J.Tower, 1st Floor, Ikkandawarrier Road,

                                      Thrissur- 680 001.

                             2.       Aruha Tours & Travels (P) Ltd,

                                      Rep.by Managing Director, Fairmount Tower,

                                      2nd Floor, Mavoor Road, Oppo.Raviz Hotel,

                                      Kozhikode- 673 004.

                                      (Ex-parte)   

 

O R D E R

By Smt. Sreeja S. Member:

          The complainant approached opposite parties on 07.12.20 to get visiting visa to Dubai to one adult and three children and they received an amount of Rs.14,500/- per visa towards fees. The opposite parties send an email on 07.12.20 stating processing of visa application. Total amount of Rs.58,000/- paid on 08.12.20 and within 3 days of preferring the application, he contacted opposite party and they replied that it is due to mistake from emigration the visa could not be obtained. In fact opposite party was not filed any application to get the visa. The official pages of opposite party showed a post stating excluding visa fees for children below 18 years of age and the visa application also stated the fees was nil. The visa has been created on 12.02.20 and the U.A.E excluded the visa fee as per their order. Hence the opposite parties are not entitled to get the visa fee of children and the same need to be rapid. Hence lawyer notice was issued and the same replied with false allegation. Hence this complaint.

          2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.

          3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Exts. A1 to A5. Ext. A1 is the copy of visa applications;Ext.A2 is the copy of facebook post; Ext.A3 is the copy of lawyer notice with postal receipt; Ext.A4 is the reply notice and Ext.A5 is proof of money transfer of Rs.58000/- to opposite party.

          4) We have gone through the pleadings and document produced by the complainant. Ext.A1 to A5 prove the case of the complainant. Ext.A1 proves that the visa fee of children Nil. The complainant also established his mental agony and hardship which is to be compensated by opposite party. Hence we are inclined to allow this complaint.

          In the result complaint is allowed and hereby direct the opposite party to pay Rs.43,500/- the visa fee of children and further directed to pay Rs.5000/- as compensation within one month from the date of receipt of copy of this order. Failing in which the total amount carries 8% interest from the date of this order.

 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th  day of September 2022.

 

Sd/-                                          Sd/-                                                   Sd/-

Sreeja S                                    Ram Mohan R                                   C.T. Sabu

Member                                   Member                                             President

 

Appendix

 

Complainant’s Exhibits :

Ext. A1 is the copy of visa applications.

Ext.A2 is the copy of facebook post.

Ext.A3 is the copy of lawyer notice with postal receipt.

Ext.A4 is the reply notice.

Ext.A5 is proof of money transfer of Rs.58000/- to opposite party.

 

                                                                                                Id/-   

Member

 

 
 
[HON'BLE MR. C.T.Sabu]
PRESIDENT
 
 
[HON'BLE MRS. Sreeja.S]
MEMBER
 
 
[HON'BLE MR. Ram Mohan.R]
MEMBER
 

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