Wednesday, November 6, 2024

Visa rejected? Travel co to refund booking charges – Times of India

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VADODARA: Booked a family vacation abroad, but visa got rejected? Travel companies, in a majority of cases, won’t take the responsibility. However, in a landmark judgment, the Vadodara consumer commission has ordered India’s leading online travel company to refund the entire tour booking amount to a businessman, holding it responsible for the rejection of his visa.

The Vadodara District Consumer Disputes Redressal Commission adjudicated a six-year-old complaint lodged by Chintan Thakar, who had booked a family vacation to Europe through the company in 2017. Thakar paid Rs 1.73 lakh in January 2017 and Rs 1.84 lakh in April. The charges included visa assistance fees and visa assistance services.

The commission ordered the company to refund Rs 3.39 lakh with 8% interest from the day the complaint was filed holding it responsible for improper documentation.

Thakar stated in his complaint that the travel portal’s agent completed the visa formality for his tour. Thakar and his three family members went to the office of the consulate general of Italy for the visa interview.

P V Moorjhani of Jagrut Nagrik who represented Thakar said, “Thakar wanted to change the travel date to May 24, 2017, and took advice of the company which told him that he can do so. He was then asked to pay an additional Rs 1.84 lakh.”

Thakar paid an additional Rs 1.84 lakh and again applied for the visa. He and his family again went for the interview at the consulate general of Italy’s office in Mumbai but it was rejected on the grounds the travel company hadn’t produced proper documents for air ticket and hotel bookings.

‘Visa rejected as travel firm letter wasn’t reliable’
Eventually, he couldn’t travel and asked the company to refund the entire Rs 3.57 lakh. However, the company refused saying it was not responsible for visa rejection.

Thakkar then filed a complaint in the consumer forum through Jagrut Nagrik in May 2018.

The travel firm argued that the complainant isn’t their customer and the deal doesn’t come under the definition of service. “The applicant’s visa got rejected and it depends on the wisdom of the embassy. The company doesn’t give visa approval services and its role is only to facilitate the applicant for getting a visa, and if the same gets rejected, it’s not our mistake,’ the company argued.
The forum observed that in the letter of visa rejection, the reason mentioned was ‘The information submitted regarding the justification for the purpose and the conditions of the intended stay was not reliable.’ The forum further said that it is clear the letter submitted by the travel firm to the Consulate General of Italy in April 2017 regarding the applicant’s (hotel) stay dates wasn’t reliable and hence the visa was rejected.

The forum ordered the company to take its five percent administration charges and pay Rs 3.39 lakh to Thakkar.

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