ORDER
Sh.S.N. Shukla, Member
The complainant had booked (online ) tickets for 7 passengers through the travel company of the OP bank Mahrauli to Delhi on 15-6-2014 on payment of Rs. 10493/-. OP mentioned that good variety of Volvo bus be arranged for this trip but when they reached bus stand in Manali they were shocked to see a local bus instead of Volvo. The bus was supposed to be a semi-sleeper but even the push back was not working in the bus. Further AC did not working in the bus. Further AC did not work half the time making the journey terrible.
The complainant states that all the 45 passengers in the bus complained about the same to the agent of the OP and further lodged a complaint with the concerned executive for refund the amount of the ticket fare awing to the pathetic services provided but they refused.
The complainant further states that they feel cheated. The OP not only gave her pathetic services but also failed to givning the responsibility of unfortunate incident. The complainant also sent a letter dated 24-7-2014 to the OP hoping to seek a resolution for the same but to no avail.
The complainant prayer in this case is that Ops to apologize for all the inconvienience caused to refund the amount of Rs.10493/- along with Rs. 10000/- towards the mental agony, and Rs. 1000/- cost of the petition.
The office of the forum had issued notice to Ops on 18-9-2014 and 30-10-2014 and the same had not been received back and as such it was presumed that the same had been served upon the Ops. Further Ops had not attended the forum proceedings on last two consecutive dates and as much the Ops were proceeded with ex-parte on 17-3-2015.
In her affidavit complainant stated that the accompanying complaint under section 12 of the Consumer Protection Act has been drafted by her and contents of the same are true and correct and the same may be received as part and parcel of this affidavit.
We have gave through all the documents as recorded in the absence of the explanation on record in the absence of the explanation and reply of the OP, the complainant allegedly stand proved as OP has been ordered to be proceeded with ex-parte.
Under the circumstances we believe the case of the complainant and hold that the Ops were deficient in rendering service to the complainant as a result of the complainant is suffering loss, harassment, pain and mental agony. We allow the complaint with three directions against the Ops jointly and severally:-
- To refund a sum of Rs. 10493/- paid for the tickets.
- To pay a sum of Rs. 5000/- towards cost of compensation and cost of litigation charges for the harassment and mental agony suffered by the complainant.
The OPs shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OPs fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule. File be consigned to record room.
Announced in open sitting of the Forum on.....................
(S N SHUKLA) (RAKESH KAPOOR)
MEMBER PRESIDENT
