State Consumer Disputes Redressal Commission
Dr. Sardari Lal Verma vs V.F.S. Global Services Pvt. Ltd. on 11 August, 2023
CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023
IN THE DELHI STATE CONSUMER DISPUTES
REDRESSAL COMMISSION
Date of Institution: 21.08.2019
Date of reserving the order: 25.05.2023
Date of Decision: 11.08.2023
COMPLAINT CASE NO.- 794/2019
IN THE MATTER OF
DR. SARDARI LAL VERMA
R/O 1257/20, SHIV NAGAR,
CIVIL RAOD, CHHOTU RAM CHOWK,
ROHTAK, HARYANA-124001
(Through: Mr. Salil Paul, Advocate)
...Complainant
VERSUS
V.F.S. GLOBAL SERVICES PVT. LTD.
UK VISA APPLICATION CENTRE:
SHIVA JI STADIUM, BABA KHARAK SINGH MARG,
CONNAUGHT PLACE, NEW DELHI-110001
...Opposite Party
CORAM:
HON'BLE MR. RAJAN SHARMA, MEMBER (JUDICIAL)
HON'BLE MS. BIMLA KUMARI, MEMBER (FEMALE)
Present: Mr. Salil Paul, counsel for the Complainant
None for the OP
PER: HON'BLE MR. RAJAN SHARMA, MEMBER (JUDICIAL)
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CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023
JUDGMENT
1. The present case has been filed by Mr. Sardari Lal Verma, the Complainant herein who had availed of the visa processing services from the V.F.S. Global Services Pvt. Ltd./Opposite Party.
2. It is the case of the Complainant that the Opposite Party was dealing in processing of services for Visa Applications to UK Visa & Immigration and the Opposite Party was also dealing with submission of Applications with Biometric Data for Visa Application to UK Visa & Immigration for consideration, collecting Passports from Visa Customers and returning processed Passports back to Visa Customers. The Opposite Party was also providing value added services to its customers to enhance their Visa Application Process by conveying/apprising the decision on the Visa Application to the applicants/customers. It is the further case of the Complainant that three types of visa processing services were being provided by the Opposite Party, the details of which are as under:
S.No. Particulars Time
Standard Visa 15 working days
1. Processing
Priority Visa 5 working days
2.
Super Priority 24 hours
3. Visa
3. It has been stated by the Complainant that he along with his five family members had planned for an excursion trip to United Kingdom from 14.05.2019 to 22.05.2019 and had purchased six confirmed air tickets from British Airways. The full-fledged details of the six air tickets are as follows:
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CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023
S. Departure Arrival Flight Date & Time
No. No.
Delhi London BA14th May, 2019 at
1. 142
1:50 to 14th May,
2019 at 06:45
London Edinburg BA 14th May, 2019 at
2. 1436 08:55 to 14th May,
2019 at 10:25
Edinburg London BA 17th May, 2019 at
3. 2937 09:15 to 17th May,
2019 at 10:55
London Delhi BA 22nd May, 2019 at
4. 257 19:25 to 23rd
May,2019 at 08:20
Copies of the abovementioned six air tickets have been annexed along with the Complaint and marked as Annexure- C/1.
4. The Complainant has further stated that his elder son along with his three family members, who live in Nashik, Maharashtra had also planned to visit the United Kingdom on the same dates so that the entire family members could enjoy the excursion trip. Therefore, the Complainant had booked a hotel for stay of 10 persons and had paid an amount of Rs.76,141/- as advance to the hotel „Apartments Lets Edinburgh‟ & „Grand Plaza Serviced Apartments‟.
5. The Complainant has further stated that on 24.04.2019, the Complainant had applied for U.K. Visa Online and submitted Visa Application Forms for six members (Mr. Sardari Lal Verma, Mrs, Vineet Verma, Dr. Saurabh Verma, Dr. Vandana Bhardwaj, Ms. Samaira Verma & Mr. Sauveer Verma) and had paid an amount of Rs.8,990/- each as Visa fee for six of his family members. Thereafter, on 29.04.2019, the Complainant along with his five family members had visited the UK Visa Application Centre at Shiva Ji Stadium, Baba ALLOWED PAGE 3 OF 9 CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023 Kharak Singh Marg, Connaught Place, New Delhi and got themselves interviewed by "WALK IN WITHOUT APPOINTMENT" and choose the „Priority Visa‟ service of the Opposite Party to get the visa within five working days taking into consideration that they had to visit the United Kingdom on 14.05.2019 and had confirmed Air Tickets, hotel booking for their stay in Edinburg and London and for which the money had already been paid in advance. Even for the Priority Visa Service, the Complainant had paid an amount of Rs.1,43,808/- (Rs.23,968/- priority visa fee for per person x 6 persons) to the Opposite Party. The price break up of one Priority Visa is mentioned as under:
(i) Rs.20,818/- fee towards „Priority Visa‟ Service
(ii) Rs.3000/- fee towards interview by "WALK IN WITHOUT APPOINTMENT".
(iii) Rs.150/- for SMS.
6. It is the further case of the Complainant that by making the said payment of Rs.1,43,808/- to the Opposite Party on 29.04.2019, he had entered into a contract with the Opposite Party according to which the Opposite Party had to convey/apprise the decision on the six Visa Applications within five working days. Thereafter, the Complainant and his son on numerous occasions had telephoned the Opposite Party to appraise them about the status of the UK Visa, but of no result. Finally, on 10.05.2019, the Complainant‟s son Mr. Saurabh Verma wrote an e-mail to Opposite Party and further visited the office of the Opposite Party on 10.05.2019 & 13.05.2019 and had requested the Opposite Party to apprise them about the status of the six Visa Applications as the date ALLOWED PAGE 4 OF 9 CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023 of departure of their trip was approaching i.e. on 14.05.2019, but of no avail.
7. It is the further case of the Complainant that the Opposite Party was unable to provide visa to the Complainant till 14.05.2019 i.e. the date of departure. After the visit date of departure for UK had already expired, the Complainant received a text message on phone on 17.05.2019, wherein, the Opposite Party stated that the UK Visa has been granted and the Complainant may collect their visas during the designated Passport Collection Time. The Complainant could collect the Visa on 20.05.2019 because the office of the Opposite Party was closed on 18.05.2019 & 19.05.2019 being Saturday & Sunday.
8. It is the further case of the Complainant that Priority Visa was to enhance the Visa Application Process within a period of five working days and to appraise the decision on the Visa Application to the Applicants. As already stated above, the Complainant had applied for six Visa Applications on 29.04.2019 and the Opposite Party was to appraise the Complainant about the status of visa to the Complainant by 03.05.2019. But the Opposite Party had informed the Complainant on 17.05.2019 to collect their respective visas. Due to not appraising the Complainant‟s about the status of six Visa Applications within five days which they ought to have done, the Opposite Party had committed deficiency in service.
9. Aggrieved by the aforesaid in action on the part of the Opposite Party, the Complainant has filed the present complaint on 21.08.2019 seeking the following reliefs:
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(i) Refund of Priority Visa Application Fees of six persons = Rs.1,24,908/-
(ii) Hotel & residence booking = Rs.76,141/-
(iii) Confirmed Air Tickets = Rs,3,20,000/-
(iv) Loss of income of the Complainant and his son for not attending their professional duties i.e. hospital/clinic due to unavailability as they had planned visit i.e. from 12.05.2019 to 25.05.2019 = Rs.4,00,000/-
(v) Depression among the family members resulting into loss of reputation in the society at large, tension and mental agony = Rs.6,00,000/-
(vi) Damages on account of the Complainant and his five family members couldn't reunite and enjoy the company with his elder son and his three family members = Rs.4,00,000/-
(vii) Litigation Expenses = Rs.2,00,000/-
10. When the present complaint case was filed, notice of the complaint was issued to the Opposite Party on 11.09.2019.
11. As per order dated 03.12.2019 passed by our Learned Predecessor, notice of the complaint was received back with remarks "guard refused to accept". Thus, on 05.03.2020.....
"However service is complete and 45 days have already been over. The right of the OP to file the written statement is accordingly closed. Complainant is directed to file ex-parte evidence within 04 weeks."
12. The Complainant filed evidence by way of affidavit on 16.09.2020, in order to prove his averments on record. The evidence by way of affidavit was duly supported by an affidavit of Mr. Sardari Lal Verma S/o Mr. Late Jiwan Dass, the Complainant herein.
13. The Complainant has also filed an additional affidavit dated 01.07.2023 on record, wherein he has categorically mentioned in para no. 6 that he has not been refunded any amount either by (V.F.S Global Services Pvt. Ltd., „Apartments Lets Edinburgh‟ & „Grand Plaza Serviced Apartments‟ & ALLOWED PAGE 6 OF 9 CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023 British Airways) the amounts which he is now claiming from the Opposite Party in the present case. Para no. 6 of the affidavit is reproduced as under:
6. That I have not taken back any following refunds from V.F.S Global Services Pvt. Ltd. UK Visa Application Centre, Shiva Ji Stadium, Baba Kharak Singh Marg, Connaught Place, New Delhi-110001 up to today.
a) Refund of the priority, visa application fees of 6 persons-Rs.1,24,908/.
b) Hotel and residence booking- Rs.76,141/-
c) Confirmed air tickets- to and fro(Delhi to London-
Edinburgh and Edinburgh-London-Delhi-Rs.3,20,000/-)
14. Written submissions were also filed on behalf of the Complainant.
15. We have perused the material available on record and heard the counsel for the Complainant.
16. However, the following points have to be considered before passing the final verdict:
(i) WHETHER THE OPPOSITE PARTY IS DEFICIENT IN PROVIDING ITS SERVICES TO THE COMPLAINANT
17. It is in fact an admitted fact that on 29.04.2019, the Complainant had applied for Priority Visa and had paid an amount of Rs.1,24,908/- to the Opposite Party for Priority Visa Service fees of six persons. According to Priority Visa Service, the Opposite Party was to hand over the processed visas to the Complainant within five working days. The Complainant along with his five family members had planned for an excursion trip to United Kingdom from 14.05.2019 to 22.05.2019. The Complainant relying upon the Priority Visa Service of the Opposite Party and keeping in mind that the date of departure i.e. 14.05.2019 was approaching shortly, and the Complainant had already booked flight tickets for six ALLOWED PAGE 7 OF 9 CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023 persons from British Airways by paying an amount of Rs.3,20,000/-. The Complainant had also booked the hotel for stay of 10 family persons by paying an amount of Rs.76,141/- in advance to the hotel „Apartments Lets Edinburgh‟ & „Grand Plaza Serviced Apartments‟.
18. To resolve this issue, we deem it appropriate to refer to Section 2 (1) (g) of the Consumer Protection Act, 1986 mentioned as under:
(g)"deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
19. In spite of the fact that all the things had been brought to the notice of the Opposite Party, still the Opposite Party adopted a very casual approach in the matter and did not made available visas to the Complainant for their destination as per the Priority Visa Service. Thus, it proves that the Opposite Party was deficient in providing services to the Complainant and the Complainant had to incur loss of the money which he had paid towards the booking of Air Tickets and hotel charges of their stay.
20. Keeping in view the facts of the present case and the extensive law as discussed above, the claim petition filed by the Complainant is hereby allowed as under:
(i) Rs.1,24,908/- fees paid by the Complainant to the Opposite Party for Priority Visa Service. (Annexure C/4 colly of the complaint)
(ii) Rs.76,141/- paid by the Complainant for hotel booking. (Annexure C/2 colly of the complaint) ALLOWED PAGE 8 OF 9 CC/794/2019 DR. SARDARI LAL VERMA VS. V.F.S. GLOBAL SERVICES PVT. LTD. D.O.D.: 11.08.2023
(iii) Rs,3,20,000/- paid by the Complainant for flight tickets. (Annexure C/1 colly of the complaint)
21. Resultantly, the Opposite Party is directed to pay a sum of Rs.5,21,049/- to the Complainant along with simple interest @ 6% p.a. from the respective dates of deposit till realization of this complaint. In case, the Opposite is failed to comply with this order within a period of two months, the amount shall attract simple interest @ 9% p.a. for the same period.
22. In addition to the aforesaid and taking into consideration the facts of the present case, the Opposite Party is directed to pay a sum of:
A. Rs.75,000/- as cost for mental agony and harassment to the Complainant; and B. The litigation cost to the extent of Rs.50,000/-.
23. Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
24. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
25. File be consigned to record room along with a copy of this Judgment.
(RAJAN SHARMA) MEMBER (JUDICIAL) (BIMLA KUMARI) MEMBER (FEMALE) Pronounced On: 11.08.2023 ALLOWED PAGE 9 OF 9