Punitive damages from visa-authorities through Writ Petition
Dr.Mumbiram
(Querist) 11 April 2009
This query is : Resolved
Artist Dr. Mumbiram is an Indian citizen. His wife and son have German passports. Through various malafide avoidance tactics the local Foreigner Registration Office failed to forward without any reason our application for a 5 year visa extension for our son, who has a German passport, to the Office of the Principal Secretary(special) Home Dept. Maharashtra, who is the competent authority to grant such extensions as well as the authority to seek redressal of grievances against local FROs. Our personal appearances at the Princ.Sec.’s Office, letters and a formal complaint against the local FROs also produce no relief. For a period of over 2 years we were even without an interim visa extension for our son, whose earlier visa had expired in the meantime. We have filed a Writ Petition in the Bombay High Court requesting the court to direct the local FRO and the Princ. Sec.’s Office to grant us the 5year visa extension for which we had applied for over 2 years ago. We have also asked the court to direct the Respondents to pay us compensation for the grievous damages we suffered on account of the malafide inactions of the respondents. In the first hearing the court appeared almost certain to grant our request for the visa extension but we are not so sure about the compensation part. We feel justice will not be fully served if we only get the visa extensions that we should have gotten 2 years ago. We feel we deserve exemplary damages (punitive damages) from the respondents for the damages we suffered on account of the malafide inactions of the Respondents. How should we argue before the court for our request for such compensation ?
s.subramanian
(Expert) 24 August 2010
Press for compenstation on the ground of sufferings you have undergone due to the undue delay and the mental agony. You shall get it.
