INDIA CHENNAI A MAN FIGHTING FOR 19 YEARS LOST THE IMMIGRATION CASE AND HAS BEEN ORDER BY THE APEX CONSUMER COMMISSION NEW DELHI TO PAY RS.5000/- AS COST INSTEAD OF ACCEPTING HIS CLAIM OF RS.381400/-AGAINST TRAVEL AGENT AS HE CONTACTED ONE IMMIGRATION COMPANY IN AUSTRALIA TO HELP HIM IMMIGRATE AND PAID $ 3000 THROUGH TRAVEL AGENT IN CHENNAI WHEN AUSTRALIAN COMPANY FAILED TO ARRANGE JOB HE FILED CASE AGAINST BOTH BUT CHENNAI AGENT TOLD THAT HIS WORK WAS LIKE COURIER TO SEND DOCUMENTS AND MONEY TO WHICH COMMISSION HAS ACCEPTED AND COMPLAINT STANDS REJECTED 20th August 2013 CHENNAI: About two decades ago, R Venkata Krishnan of Cuddalore district wanted to migrate to Australia . But 19 years and three bouts of litigation later, he ended up paying an amount of Rs 5,000 as cost to the travel company which initially promised to assist him to secure immigration and a visa . In 1994, in response to the application by Krishnan, Todd International Australia Pvt Ltd asked him to contact their local agent in Chennai, Taanya Tours Travels and pay US $ 3000 in three installments to get the visa to migrate to Australia. In September 1994,he paid 30,000 to Todd International. Subsequently he entered into an agreement with the two companies. He paid the rest of the amount along with the visa fee by November 1995 and was informed that his documents had been referred to the Australian agencies for processing. However, three years later he received a letter from Todd International saying it was difficult to get him a job in Australia. He then approached the district forum for deficiency in service. At the district forum, Taanya Tours said as they were agents of Todd International they could not make any refunds, as their role was akin to "that of a courier service, to forward the material received from Krishnan to Todd" . "Further, it could not be held responsible for the acts of ommission of Todd International." In 2003,the District forum asked the two companies to pay him an amount of 3,81,400. While Todd did not contest the finding, Taanya Tours filed an appeal in the state commission. The state body said that Taanya Tours were mere agents of Todd and "acted as a post box" and could not be held responsible. Further, the onus of securing Krishnan a job was with Todd, they failed to get him an employment which resulted in non-issuance of visa. It ruled that "District Forum has erroneously, without any basis, committed an error in ordering the payment , more or less jointly and severally, which should be set aside" . It also directed Krishnan to pay 5000 as case cost to Taanya Tours. Krishnan then filed an appeal at the apex consumer commission in Delhi. He cited section 230 of the Indian Contract Act, 1872 which stated that in case the principal company is abroad, the agent is personally liable. The commission said that the section was not applicable to the case, as the contract was not for sale or purchase of goods.
Posted on: Sat, 24 Aug 2013 01:28:05 +0000
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