Date of Filing:14.03.2008<br /> Date of Order:10.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 10TH DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 708 OF 2008<br /> <br /> Dr. V.S. Ramakrishnan Nair<br /> S/o. Sankunni Pillai N.<br /> No. 2/21-13, 32 Cross, 10th Main<br /> Jayanagar, 4th Block, Bangalore 11 Complainant<br /> <br /> V/S<br /> Indian Railway Catering and<br /> Tourism Corporation Ltd.<br /> 9th Floor, Bank of Baroda Building<br /> 16, Parliament Street, <br /> New Delhi 110001 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the complainant had booked a railway ticket on internet on 19.11.2007. Amount was paid through credit card. He checked the website and found that ticket was sent through courier by the opposite party. He waited for the ticket but there was no delivery of the same. The ticket did not reach him on 21.11.2007. The date of journey was 22.11.2007. Complainant sent three faxes to opposite party. Complainant made alternate arrangements for the journey. Complainant had issued legal notice calling upon the opposite party to pay Rs. 10,000/- as compensation for deficiency of service. The opposite party has returned the ticket charges to the complainant and has sent communication dated 22.02.2008 expressing regrets over the incident. However, they have not paid the compensation. Therefore, he has filed this complaint seeking compensation of Rs. 10,000/-. <br /> 2. Notice issued to opposite party. The opposite party put in appearance through advocate and filed defence version stating that complaint is not maintainable under law or on facts. The opposite party has sent the ticket through courier from Delhi. Ticket was sent through the authorized courier by name M/s. Overnite Express Ltd. from Delhi. Overnight Company has made efforts to deliver ticket to the addressee on 20.11.2007 and 22.11.2007 but the courier company could not deliver the ticket to the addressee as no person was available at the said premises. Opposite party respectfully submits that it has refunded the full ticket amount to the customer account on 09.01.2008. There is no negligence on the part of the opposite party. Opposite party is only liable to pay compensation equivalent to the total amount of fare. The opposite party has already returned the ticket fare. The opposite party is not liable to pay compensation of Rs. 10,000/- to the complainant. Therefore, the opposite party has requested to dismiss the complaint.<br /> 3. Arguments are heard. I have perused the complaint and defence version.<br /> 4. The facts of the case are almost admitted. The complainant has produced letter well informed to the opposite party non-receipt of the ticket booked through internet. In the said letter he has also informed that he has sent fax to opposite party. He had also contacted Overnite Courier. He had also sent copy of letter to Overnite Courier also. Complainant has produced copy of legal notice. The opposite party submitted in the defence version that the ticket was sent through authorized courier. It is the case of the opposite party that the courier has made effort to deliver the ticket to the addressee but could not deliver the ticket to the addressee as no person was available at the premises. This defence of the opposite party cannot be accepted at all. The opposite party has not produced any affidavit of the authorized courier to show that the courier company made efforts to deliver the ticket to the complainant. It cannot be believed or accepted that addressee was not available at the premises to take the courier. Complainant was eager to get the ticket because the journey period was fixed on 22.11.2007. He was waiting to get the ticket and he had sent fax to the opposite party and also to courier services and he had contacted courier authority on phone. He had also sent fax to the courier. All these facts have been made clear by the complainant in his letter sent to opposite party. So under these circumstances there is no merit to the defence taken by the opposite party that the courier service could not deliver the ticket to the addressee as no person available at the premises. On the facts and circumstances of the case it is clear case of deficiency in service on the part of the opposite party. No doubt opposite party has refunded the full ticket amount to the customer. This will not absolve from the obligation to serve the customer in most efficient and proper manner. Consumer protection Act is enacted to safe guard better interests of the consumer. In this case the complainant has suffered tension, mental agony and inconvenience and hardship by not getting the booked ticket in time. The complainant has to make alternate arrangements for journey of his wife’s nurse from Bangalore to Trichur. The complainant has put into some inconvenience and hardship. Therefore, naturally he has to be compensated for mental agony. On the facts of the case I feel the ends of justice to be met by awarding Rs. 1,000/- as compensation to the complainant. In the result I proceed to pass the following: <br /> ORDER<br /> <br /> 5. The Complaint is partly allowed. The opposite party is directed to pay Rs. 1,000/- as compensation to the complainant within 40 days from the date of this order. The opposite party shall send the compensation amount directly to the complainant by way of D.D. or cheque with intimation to this forum. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 10TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />