West Bengal

South 24 Parganas

CC/545/2014

1. Sri Tarit Kumar Aich, S/O - Sri Tapash Kumar Aich. - Complainant(s)

Versus

1. D.D. COMUNICATION , Proprietor- Sri Debasish Datta. - Opp.Party(s)

17 Jul 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _545_ OF ___2014__

 

DATE OF FILING : 12.11.2014     DATE OF PASSING JUDGEMENT: 17.7.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :  Sri Tarit Kumar Aich,s/o Sri Tapash Kumar Aich of T-309A/2, B.P Township,

                                              Kolkata – 94, P.S. Patuli.

                                               

 

-VERSUS  -

 

O.P/O.Ps                            :   D.D Communication, Prop. Of Sri Debasish Datta , 2/191/1, Sree Colony,

                                              Kolkata – 92, P.S. Netaji Nagar.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Mrs. Sharmi Basu, Member

            The instant case has been filed by the complainant under section  12 of the C.P Act, 1986 with allegation of deficiency in service against the O.Ps.

            In a nutshell the case of the complainant is that  complainant had booked a bus from the O.P’s company on the occasion of his marriage for the purpose of conveyance of his friends and family to and fro the venue of his marriage. But the scheduled bus never arrived and after awaiting for a substantial period of time he had to look for an alter native mode of transport. According  to the complainant,  this incident gave rise to a lot of mental agony and marred the exuberance and joy of his marriage. Thereafter, he ran from pillar to post for getting back the money he had paid in advance while booking the bus and for obtaining apt amount of compensation for the mental agony and inconvenience he had faced. But as the O.Ps failed to address the issue , the complainant had no other alternative but to file the instant case before the Forum.

            The O.P claimed that he had sent the scheduled bus a bit past the scheduled time and has also mentioned that being a small business-owner, he had sourced the bus from another company and has also prayed for dismissal of the present case in limini.

Points for decision in this case is;

1.             Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

 

 

Decision with reasons

For sake of convenience all the points are taken together as they are interlinked.

It is admitted fact that the complainant had booked a bus from the O.P for ferrying his friends  and family to and fro his marriage venue and he paid total service charge in advance amounting to Rs.5000/-. In the written version O.P has also admitted that the vehicle in question did not reach the scheduled place at proper time on the date of marriage (para 5of written version). As per the complainant the bus was not available till after 7.30 p.m  and the complainant had no other alternative but to arrange for alternative transportation. In this context O.P could not establish that  the bus arranged by the O.P reached the schedule place at proper time nor even up to 7.30 p.m. Therefore, we have no hesitation to hold that O.P has committed deficiency in rendering services towards the complainant/consumer and duty bound to refund the advance amount of Rs.5000/- to the complainant.

            It is also beyond doubt that due to aforesaid inaction and deficiency in service on the part of the O.P, complainant had to face tremendous tension , mental agony , harassment and also humiliation in front of  all his guests and relatives on the date of his marriage, a  very special day in a person’s life. Therefore, it is strongly opined by this Forum that the complainant is entitled to be compensated aptly by the O.P.

Thus all the points are discussed and all are in favour of the complainant.

Therefore, the case succeeds.

Hence,

                                                            Ordered

That the case be and the same is allowed on contest with cost.

The O.P is directed to refund Rs.5000/- to the complainant which was paid by the complainant as advance.

The O.P is also directed to pay Rs.8000/- as compensation for harassment and mental agony , tremendous tension and humiliation, to the complainant due to inaction and deficiency in service of the O.P.

The O.P is also directed to pay Rs.2000/- as litigation cost to the complainant.

All the orders should be complied with within 30 days from this date, failing which, Rs.50/- per day shall be imposed as penalty till realization.

Let a plain copy of this order be served upon the parties free of cost.

 Member                                                          Member                                               President

Dictated and corrected by me

            Member

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

Ordered

That the case be and the same is allowed on contest with cost.

The O.P is directed to refund Rs.5000/- to the complainant which was paid by the complainant as advance.

The O.P is also directed to pay Rs.8000/- as compensation for harassment and mental agony , tremendous tension and humiliation, to the complainant due to inaction and deficiency in service of the O.P.

The O.P is also directed to pay Rs.2000/- as litigation cost to the complainant.

All the orders should be complied with within 30 days from this date, failing which, Rs.50/- per day shall be imposed as penalty till realization.

Let a plain copy of this order be served upon the parties free of cost.

 

 Member                                                          Member                                               President