Y-Axis Visa Consultancy Firm Liable For Mishandling US Visa Appointment, Hyderabad Commission Orders Refund Of 17.5k And Rs 5k For Mental Agony
The District Consumer Disputes Redressal Commission-III of Hyderabad bench, consisting of M. Ram Gopal Reddy (President), D. Sridevi (Member), and J. Shyamala (Member), held a visa consultancy agency accountable for its mishandling of a visa appointment and ordered to not only refund the fees initially charged from the client but also to offer compensation totalling Rs. 17,000 to him....
The District Consumer Disputes Redressal Commission-III of Hyderabad bench, consisting of M. Ram Gopal Reddy (President), D. Sridevi (Member), and J. Shyamala (Member), held a visa consultancy agency accountable for its mishandling of a visa appointment and ordered to not only refund the fees initially charged from the client but also to offer compensation totalling Rs. 17,000 to him. The District Commission found the visa consultancy firm guilty of deficiency in service and unfair trade practices.
Brief Facts:
Thanthonri Dhandhayuthapani (“Complainant”) approached Y-Axis Solutions Private Limited (“Firm”) to obtain a US Visa. The complainant alleged that the firm failed to provide the agreed-upon services, including preponing a US visa appointment and instead, the firm booked a visa slot with incorrect credentials for his wife, D Kaveridevi. The Complainant further accused the firm of impersonating Kaveridevi and defaming a senior central government officer in the process. The Complainant claimed that due to the firm's negligence, he was unable to visit his daughter, who was studying abroad, and suffered mental agony and stress. Aggrieved by the services, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-III, Hyderabad (“District Commission”) seeking various reliefs, including a refund of fees, compensation, and costs.
The Complainant contended that the firm failed to fulfil its service obligations as per the agreement. He claimed that the firm did not prepone his US visa appointment slot as requested, and instead booked a visa slot for his wife, D Kaveridevi, with incorrect credentials.
On the other hand, the firm argued that the Complainant's refusal to provide login credentials hindered their ability to carry out the requested services. They maintained that they had tried to assist the Complainant by exploring options for rescheduling the visa appointment but were unable to do so due to lack of access to the necessary information. The firm denied any deficiency in service and asserted that the issues arose from the complainant's unwillingness to cooperate with their procedures. The firm also admitted that they were willing to refund the fee amount of Rs. 17,500 paid by the Complainant for their services. However, they clarified that the US visa fee of Rs. 12,800, paid directly to the embassy, was non-refundable and not under their control.
Observations of the Commission:
The District Commission found the firm to be in breach of their service obligations and guilty of unfair trade practices in handling the Complainant's US visa appointment request. The firm could not provide the promised services. Further, it had the appropriate documents of the Complainant for facilitating the appointment. The District Commission directed the firm to refund the complainant the full fee amount of Rs. 17,500 along with an interest of 12% from the date of payment. Further, the firm was directed to pay compensation in the amount of Rs. 5,000 as reparation for the inconvenience and mental distress caused to the complainant.
Additionally, the District Commission noted the further payment of $160 US (equivalent to Rs.12,000) made by the complainant for visa office purposes. However, this amount was non-refundable as it had been paid to the embassy of the USA, which was beyond the control of the the firm.
Case: Thanthonri Dhandhayuthapani vs Y-Axis Solutions Pvt. Ltd
Case No.: CC/784/2022
Advocate for the Complainant: Party in Person
Advocate for the Respondent: M/s. S. Nagesh Reddy