The main legal point established is that tour package facilitators have a responsibility to arrange Visas and ensure the completeness of all documents before submission, and failure to do so constitutes deficiency in service and unfair trade practice.

ORDER :

Mrs. Kiran Sibal, Member-Challenge in this appeal by appellants is to order dated 21.11.2017 passed by District Consumer Disputes Redressal Forum, SAS Nagar, Mohali (in short the ‘District Forum’), allowing the complaint of respondent of this appeal by directing the OPs to refund Rs. 1,30,000 along with interest @ 12% per annum w.e.f. 20.7.2016 till the actual date of refund along with compensation for mental harassment, agony to the tune of Rs. 25,000 and further to pay litigation expenses to the tune of Rs. 10,000 within 30 days from the date of receipt of copy of order, failing which the amount of compensation awarded shall carry interest @ 12% per annum from the date of this order till its realization. The appellants of this appeal are opposite parties (OPs) in the complaint before the District Forum and respondent of this appeal is complainant therein and they be referred as such hereinafter for the sake of convenience.

2. Brief facts as stated in the complaint are that the complainant filed the complaint under Section 12 of the Consumer Protection Act, 1986 (in short, “the Act”) against the OPs on the averments that complainant had booked a package for 12 nights and 13 days of “European Bonanza” for two persons including his wife through online on 2.6.2016 with the OPs. The total cost of the Tour package was fixed at Rs. 3,90,000 and the complainant deposited Rs. 1,95,000 as demanded by the OPs through internet banking on 2.6.2016. Initially, the officials of the OPs told the complainant that the OPs themselves would complete all the Visa Formalities but after receiving the payment, the complainant was told to contact one Mr. Anup Rawat for Visa Assistance and as per his guidance the complainant had completed all the formalities and applied for Visa to the Italian Embassy and deposited a sum of Rs. 11,600 as Visa Fee. On 20.6.2016, the complainant received a letter from Italian Embassy regarding refusal of the Visa on the ground that justification for purpose and conditions of the intending stay was not provided. After refusal of the Visa, the complainant requested the OPs to refund the booking amount of Rs. 1,95,000 but the OPs refused to refund the full amount and they only refunded Rs. 65,000 out of the deposited amount of Rs. 1,95,000. The complainant requested many times to the OPs to refund the remaining amount of Rs. 1,30,000 but they refused to do so. The act and conduct of the OPs amounts to deficiency in service and unfair trade practice on their part. Hence, the complaint was filed and the complainant sought directions to the OPs to refund the amount of Rs. 1,30,000 along with interest @ 18% per annum; Rs. 50,000 as compensation on account of mental agony and harassment and Rs. 25,000 as cost of litigation.

3. Upon notice, OPs appeared and filed written reply raising certain preliminary objections inter alia on the ground that the present complaint was not maintainable; was based on conjectures and surmises and was without any cause of action against the OPs. It was admitted that the complainant paid an amount of Rs. 1,95,000 against the outstanding amount of Rs. 3,42,513 and he had made all the entries online and there remains no human interference from the side of OPs. Thereafter, in order to start the process of the Visa, the OPs sent a letter to the Italian Embassy on 13.6.2016 requesting to issue the Tourist Visa. The rest of the processes are Bio metric which are required to be completed by the complainant. The complainant had to produce all the necessary documents to be filled along with application for the Visa and the same was also explained to him on every call to the OPs as and when made by him. The complainant and the OPs were bound by the booking terms and conditions, wherein the Clauses specifically provided that OPs merely worked as a facilitator in applying for the Visa process. The ultimate authority to grant a Visa lies with the Embassy and OPs would under no circumstance be held liable