Complaint filed on: 23.06.2015
Complaint Disposed on:04.11.2016
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.102/2015
DATED THIS THE 4th DAY OF NOVEMBER 2016
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
Sri. B.R.Raveesh
S/o Late Ramappa Gowda,
A/a 40 years,
Agriculturist,
Balehalli, Hosagadde Post,
Thirthahalli Taluk,
Shimogga District.
(By Sri/Smt. Ravindra .D, Advocate)
V/s
OPPONENT:
Divisional Controller,
K.S.R.T.C.,
Chikmagalur Division,
Chikmagalur.
(By Sri/Smt. K.C.Shashidhara, Advocate)
By Hon’ble President Sri. Ravishankar
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in not providing regular rout bus after booking. Hence, prays for direction against OP to refund an amount of Rs.315/- along with Rs.4,000/- which was paid towards car rent and compensation of Rs.10,000/- for deficiency in service.
2. The brief facts of the complaint is that:
The complainant in order to travel from Chikmagalur to Bangalore had booked one ticket by paying Rs.315/- on 26/11/2014 to Vaibhav bus and OP had issued a ticket No.34573477 by mentioning the date of journey as 27/11/2014 at 8.30 a.m. Accordingly, on 27//11/2014 the complainant went to bus stand at Chikmagalur to board the said bus, but the bus was not arrived to the bus stand. Even after waiting for long time the said bus was not arrived to bus stand and the complainant was unable to go to Bangalore. The staff of the OP also not informed with respect to whether the bus was coming or not and whether it was cancelled. Having no other alternative, the complainant booked one car by paying Rs.4,000/- and went to Bangalore. The complainant with intention of going to Bangalore is to take treatment at Bangalore Hospital because he was suffering from ill-health. Due to non availability of the bus, the complainant constrained to avail a car for hire and went to Bangalore. The complainant also spent money for medical expenses at Bangalore. Due to non providing the bus at proper time after booking, the complainant suffered inconvenience and mental agony. Hence, the OP rendered a deficiency in service in not providing a bus after booking and prays for direction against the OP to refund the said amount along with payment of rent paid towards car and compensation for deficiency in service as prayed above.
3. After service of notice, the OP appeared through his counsel and filed version. It is true that the complainant had booked ticket for Karnataka Vaibhav bus on 26/11/2014 by paying Rs.315/- to travel from Chikmagalur to Bangalore on 27/11/2014 at the schedule time of 8.30 a.m. But it is false that after enquiry form the complainant they have given evasive reply to the complainant and it is also false that the complainant suffered illness, due to which he hired a car for travelling to Bangalore.
OP further contended that it is due to MADE SNANA at Subramanya on 26/11/2014 there was huge number of passengers travelling from Bangalore to Subramanya. This OP had arranged the said Karnataka Vaibhav Bus to Subramanya in order to facilitate transportation to the pilgrims at Subramanya. Hence, the bus could not be brought to the bus stand at the schedule time on 27/11/2014. This OP regretted for the same and refunded an amount of Rs.315/- to the complainant through cheque No.055875 dated:18/06/2015 with covering letter dated:19/06/2015. But the complainant has not made any enquiry with the officials of this OP at Chikmagalur bus stand with respect to non arrival of the said bus.
OP further contended that even there is lot of bus plying from Chikmagalur to Bangalore frequently and there were buses available at every 15-30 minutes to Bangalore. The complainant has falsely field this complaint alleging deficiency in service and also falsely stated that he had availed car for rent to travel from Chikmagalur to Bangalore. The complainant had filed this false complaint in order to gain wrongfully. Hence, prays for dismissal of the complaint.
4. The complainant filed affidavit and marked the documents as Ex.P1 to P4. The OP also filed affidavit and marked the documents as Ex.R1 to R4.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is a deficiency in service on the part of OP?
2. Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. On going through the pleadings, affidavits and documents produced by both complainant and OP as per Ex.P1 we noticed that the complainant had booked travel/reservation ticket for the journey from Chikmagalur to Bangalore in Karnataka Vaibhav bus and the journey date is 27/11/2014 and the complainant has paid Rs.315/- for the said ticket. It is contended by the OP that on 27/11/2015 the said bus was not arrived at bus stand at schedule time 8.30 a.m. and the bus was not travelled an particular date.
9. The complainant in his affidavit has sworn that since he was suffering from ill-health and in that regard to take treatment with Dr.Shankar on the particular day he had booked ticket with the OP to go to Bangalore for treatment. Due to non arrival of the bus on the particular day, the complainant constrained to engage a car for rent in order to go to Bangalore for treatment and produced a receipt issued by Dhanalakshmi Travels, marked as Ex.P2. He also produced medical prescription issued by Lalitha Health Care Private Limited to show that he has taken treatment at Bangalore.
10. The OP in his affidavit sworn that even after cancellation of the bus there are so many buses were available to travel from Chikmagalur to Bangalore. There are buses frequently available within 15-20 minutes regularly available in the bus stand. Hence, the complainant would have board other buses to reach Bangalore.
11. Of-course, we agree that if the complainant missed one bus there is always another bus will be available after lapse of schedule time. We cannot believe that the complainant had availed car for travel to Bangalore even there is availability of other buses at bus stand. We are of the opinion that the complainant had concocted the said Ex.P2 for the purpose of gain wrongfully from OP because the complainant had not brought any said persons to establish that the complainant had travelled by car from Chikmagalur to Bangalore.
12. Of-course, there is deficiency in service on the part of OP in cancelling the bus in spite of booking and reservation. The OP is under the obligation to provide alternative bus to the passengers if the buses were cancelled, but they have not done so. Admittedly, the OP has returned the ticket amount of Rs.315/- to the complainant through cheque, but the complainant had not accepted the said cheque for the reason best known to him. Anyhow considering a deficiency in service on the part of OP, we are of the opinion that the OP is liable to refund Rs.315/- along with compensation of Rs.1,000/- and litigation cost of Rs.500/- to the complainant. The complainant is not entitled to get any other expenses spent towards his treatment and conveyance because there are so many buses are available even after the schedule time to go to Bangalore. As such we declined to pay any other expenses to the complainant. Hence, for the above said reasons, we answer the above points accordingly and proceed to pass the following:-
/: O R D E R :/
- The complaint is partly allowed.
- The OP is directed to pay Rs.315/- to the complainant towards booking of ticket.
- The OP is further directed to pay Rs.1,000/- towards compensation and Rs.500/- towards litigation cost.
- The OP is further directed to comply the above order within one month from the date of receipt/knowledge of the order, , failing which payable amount carries 9% interest from the date of complaint to till realization.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 4th day of November 2016).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex. P1 - KSRTC Bus Ticket Dated:27/07/2014
Ex.P2 - Receipt of Dhanalakshmi Travels Dated: 27/11/2014
Ex.P3 - Medical Receipt Dated:27/07/2014 of Dr.Shanker
Ex.P4 - Office Copy of the legal notice dated: 12/12/2014.
Documents produced on behalf of the OPs:
Ex.R1 - Letter issued by KSRTC, Chikmagalur
Ex.R2 - True copy of Cheque dated:18/06/2015
Ex.R3 - Postal Acknowledgment
Ex.R4 - True copy of log sheet dated:26/11/2014.
Dated:04.11.2016
President
District Consumer Forum,
Chikmagalur.
Tss
