Tamil Nadu

South Chennai

CC/65/2014

Mr.Ragu - Complainant(s)

Versus

J.F.M.Tours & Travels - Opp.Party(s)

S.Akila

07 Mar 2017

ORDER

                                                                        Date of Filing :   03.02.2014

                                                                        Date of Order :   07.03.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT            

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

               DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.65/2014

TUESDAY THIS 7^TH DAY OF MARCH 2017

 

Mr. Ragu,

S/o. Kadavaran,

No.3, 3^rd Street,

Thullukkanam Garden,

Dr. Natesan Road, Ice House,

Triplicane, Chennai 600 005.                       ..Complainant

 

                                              ..Vs..

The Proprietor,

J.F.M. Tours and Travels,

No.63, D-Block, 1^st Floor,

Imperial Hotel,

Gandhi Irwin Road,

Egmore, Chennai 600 008.                          ..Opposite party

 

For the Complainant                :    M/s. Akilas      

For the opposite party              :    M/s. I. Lakhsmana Shankar (Exparte)

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II      

This complaint is filed by the complainant against the opposite party to pay a sum of Rs.1,00,000/- towards compensation for the inconvenience, mental agony and hardship and also to pay cost of the complaint.

1. The averment of the complaint are brief as follows:

       The complainant states that on 31.8.2013 he booked a tourist bus in opposite party for his family which was to be held on 8.9.2013.  In pursuant to his booking he has paid a sum of Rs.2300/- as advance amount for booking a tourist bus.  As per the assurance made by the opposite party, the bus is expected to arrive to complainant’s place on 8.9.2013 at 5.p.m. and engage till 9.9.2013 evening.  

2.     The complainant further submits that by trusting the words of opposite party with his relatives were waiting for the arrival of the bus for function i.e. on 8.9.2013 but even after an hour the bus did not reached the complainant’s house.   He attempted to made plenty of calls to enquire about the same but there was no response from the opposite party.   As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant.   Hence the complaint is filed.

3.     Inspite of receipt of notice the opposite party did not appear before this forum and therefore he was set exparte.

4.     Since the opposite party remained exparte, this  Forum wants to dispose this compliant fully on merits, with available materials.

 

5.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to Ex.A3  are marked. 

6.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite  party as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

7. Point Nos. 1 & 2 :-

         The complainant booked ticket for four persons to travel on 8^th September 2013, 5.00 p.m. to 9^th September evening to travel by 21 seat push back non A/c bus from Chennai to Pondicherry via Marakkanam Kanakachettikulam and back to Chennai for which the total fare amounts to Rs.9300/- for the complainant had paid Rs.2300/- as advance vide receipt No.776, dated 31.8.2013 issued by the opposite party.  

8.     The allegations made by the complainant that the opposite party did not turn up to his residence to pick them up.  Inspite of repeated telephone call it is alleged that the opposite party has not responded.   Because of this complainant is forced to book another tourist bus in the nearby travels resulting in exorbitant money he has to shall out.   The contention of the complainant, that the opposite party had committed deceptive unfair trade practice and guilty which establish the deficiency of service.

9.     It is further stated that it is not barred by limitation, under section 24-A of C.P. Act and entire cause of action arose in Chennai, hence he filed a complaint with this Forum on 13.12.2014.   He had submitted proof of wedding card as evidence of attending the function under Ex.A2 and served the legal notice to the opposite party on 25.9.2013 claiming Rs.20,000/- as compensation for the deficiency of service.   The complainant in addition to his petition and documents, he filed written arguments and the proof affidavit to this forum claiming Rs.2,00,000/- as compensation for causing inconvenience and mental agony. 

 

10.    The opposite party neither responded to the complainant’s counsel legal notice 25.9.2013 nor appeared before this forum to substantiate and to prove through his proof affidavit and written arguments and the opposite party was set exparte on 24.7.2015.  

 

11.    Pursuant on the available records, the complainant has not claimed the amount of advance Rs.2300/- paid to the opposite party and there is no material to prove to get back the refund.   The complainant had not proved through any document that he had booked other bus to make a schedule to attend the function.   He had not submitted any material proof that the opposite party had not reached the destination, to  pick up passengers .   There is no dispute that he had made an advance payment of Rs.2300/- and there is no proof that he had to pay the balance of Rs.7000/- to the opposite party as agreed.    It is observed that there is no cause of action and the complainant had suppressed so many facts and moved this forum without clean hands to enrich himself for wrongful gains.  Hence the complaint is dismissed. No cost.

In the result the complaint is dismissed.  No cost.

              Dictated by the Member-II to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the  7^th  day  of  March  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainant’s side documents:

Ex.A1 -  31.8.2013  - Copy of Cash receipt issued by opposite party.

Ex.A2 - 9.9.2013    - Copy of Marriage Invitation.

Ex.A3 - 25.9.2013  - Copy of Legal notice with Ack. Card.

 

Opposite party’s side documents:   .. Nil.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.