Kerala

Thiruvananthapuram

CC/329/2022

Selvakumar - Complainant(s)

Versus

Akbar Travels - Opp.Party(s)

30 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM

PRESENT

                                 SRI.P.V.JAYARAJAN       : PRESIDENT

SMT.PREETHA.G.NAIR   : MEMBER

                                 SRI.VIJU.V.R.                 : MEMBER

 

CC.NO.329/2022 (Filed on : 22/08/2022)

ORDER DATED : 30/12/2022

COMPLAINANT

Selvakumar.V

Geetham, TC.3/720, Menon Colony,

TKD Road, Muttada, Trivandrum – 695025

Kerala

(Party in person)

VS

OPPOSITE PARTIES

 

1. Akbar Travels of India Pvt Ltd,

Our Towers, Vellayambalam,

Trivandrum – 695010

Rep.by its Managing Director

Sri.Abdul Nazar Karuppam Veetil

 

2. Murahara Tours and Travels,

As Arcade P.O Road,

Konni, Pathnamthitta,

Kerala – 689 692

Rep.by its Proprietor, Ajeesh.A

(OP2 by Adv.B.Deepu Sach Dev)

ORDER

SMT.PREETHA.G.NAIR            : MEMBER

1.       The complainant is working as an Accounts Manager in a construction company in Thiruvananthpauram. His friend took the bus ticket on behalf of him for travelling from Chennai to Thiruvananthapruam on 16/06/2022 from second opposite party. The complainant got the upper birth sleeper seat and phone recharge switch was damaged and has no power connection. The complainant could not able to recharge his phone and at night phone became switched off. After 11 p.m. no air condition was available in bus. Actual time to reach Thiruvananthapuram is 7.a.m. But nearby Nagercoil bus broke down at 7.a.m. on 17/06/2022. Passengers pushed the bus to restart many times, but failed. Mechanic came and declared that bus not able to move. The complainant waited for 3 hours. They arranged a small traveller from Nagercoil to Thiruvananthapuram at 10.a.m. After that he was searching for finding out check post for approval for entering Kerala. Three times he was going and return a wrong route for finding the check post. Finally the complainant reached Thiruvananthapuram at 1 p.m. only and he missed important meeting on 17/06/2022 at 10 a.m. in his office at Thiruvananthapuram. The complainant took half day leave in office. Also the company management was angry with him because of not attending the meeting and due to phone switch off, the complainant had lost his half day salary and his family members got feared due to the phone switch off. Bus management not provided any food. The bus management arranged a traveller and it reached three hours after the said time. There was no hotel and bus station and could not able to move far away to take food or hotel. Traveller has no air condition, no wash room and toilet for using in the morning. The complainant paid bus ticket amount for air condition and sleeper birth in the main bus. The act of opposite parties amount to deficiency in service, hence this complaint.

2.       After accepting the notice the opposite parties were absent. Hence opposite parties set exparte. Complainant filed proof affidavit and documents Exts.A1 and A2 marked from the side of the complainant. Opposite parties not filed affidavit and documents.

 3. Issues to be considered as

1. Whether there is any deficiency in service or unfair trade practice from the side of opposite parties?

2.If so what is the relief and cost?

4.Issues

We perused relevant documents on record. As per Ext.A1 the complainant paid Rs.1890/- (Rupees one thousand eight hundred and ninety only) to first opposite party for booking tickets. As per Ext.A2 the first opposite party sent an e-mail to the complainant stated that due to the breakdown of the bus the operator agreed to refund of Rs.500/- (Rupees five hundred only) and the refund for ticket has been initiated from end. The opposite parties had not paid amount and not produced evidence to disprove the case of the complainant. Due to the breakdown of bus the complainant had suffered mental agony and not he was able report the office within time. In view of the above discussions, we find that the act of opposite parties amounts to deficiency in service.

                      In the result, complaint is allowed. We direct the opposite parties 1 & 2 jointly and severally liable to pay Rs.1890/- (Rupees one thousand eight hundred and ninety only) as the price of ticket charges and pay Rs.10,000/- (Rupees ten thousand only) as compensation for mental agony and pay Rs.2500/- (Rupees two thousand and five hundred only) as cost of the proceedings, to the complainant within one month from the date of receipt of order. Failing which the amount except cost carries interest 9% per annum from the date of receipt of order till realization.

               A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

             Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 30^th day of December 2022.

                                                                                    Sd/-

P.V.JAYARAJAN        : PRESIDENT

                                                                                     Sd/-

PREETHA.G.NAIR   : MEMBER

                                                                                         Sd/-

VIJU.V.R.                 : MEMBER

 

 

 

 

 

Be/

 

 

APPENDIX

CC.NO.329/2022

List of witness for the complainant

PW1                      - Selvakumar.V

Exhibits for the complainant

 Ext.A1                 - Copy of bus ticket

Ext.A2                  - Copy of mail confirmation from Akbar Travels
List of witness for the opposite parties – NIL

List of Exhibits for the opposite parties – NIL

Court Exhibits                                       - NIL

 

                                                                                       Sd/-

                                                                               PRESIDENT