Kerala

Kollam

CC/06/226

Ashok Kumar,S/o.Sukumaran,Asokasadanam - Complainant(s)

Versus

Biju Bhaskar,Proprietor,Krishna Travels - Opp.Party(s)

T.Saproo

31 Mar 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
C.D.R.F. KOLLAM : CIVIL STATION - 691 013
consumer case(CC) No. CC/06/226

Ashok Kumar,S/o.Sukumaran,Asokasadanam
...........Appellant(s)

Vs.

Biju Bhaskar,Proprietor,Krishna Travels
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN ACHARY : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By ADV. RAVI SUSHA, MEMBER. The complaint stands filed for getting back the advance amount and for other reliefs. The averments in the complaint can be briefly summarized as follows. The complainant’s sister’s marriage was solemnized on 10.7.2005 at Punalur Sivan Covil. Complainant approached the opp.party’s office and booked 3 buses for brides’ party trip starting from Pathanapuram make to Punalur Sivan Covil and also return trip. Opp.party agreed the terms and conditions put forward by the complainant and the complainant gave Rs.2,000/- as advance amount and fixed the balance amount Rs.7000/-. Both of them entered into an agreement. As per the agreement the 3 buses had to reach on the spot on 10.7.2005. But the buses had not come to the spot. Complainant called other vehicles instead of opp.party’s vehicle and for the rent of the labove vehicles Rs.20,000/- has been expensed. Act of the opp.party caused loss to the complainant and seeks relief. The complainant was examined in chief as PW.1 and marked documents Ext.P1 to P7. Opp.party dared not to turn up. Hence he stands declared exparte. The point to be determined is whether the complainant deserves relief as prayed for. The complainant could prove his case through the complaint, affidavit, depolsition in chief and the exhibits marked. The complaint was heard. Ext.P1 to P6 shows that the opp.party has committed deficiency in service to the complainant. Ext.P7 shows that complainant had spent Rs.12,750/-f or the trip. Therefore the complainant is entitled to get compensation from the opp.party. In the result the complaint is allowed. The opp.party is directed to pay back the advance amount Rs.2000/- with 9% interest from the date of 30.3.2005 till the date of realization to the complainant. The opp.party is further directed to pay Rs.5000/- as compensation and Rs.1000/- as cost to the proceedings. The order is to be complied with within one month from the date of receipt of the order. Dated this the 31st day of March, 2008. I n d e x List of witness for the complainant PW.1. – Asok Kumar List of documents for the complainant P1. – Agreement dt.30.5.2005. P2. – Wedding letter P2. – Advocate Notice P4. – Postal receipt P5. – Acknowledgement card P6. – complaint filed before Punalur Police Stateion P7. – Trip sheet




......................K. VIJAYAKUMARAN ACHARY : President
......................RAVI SUSHA : Member
......................VIJYAKUMAR. R : Member