BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No. 89 of 2015
Date of institution: 02.03.2015
Date of Decision: 02.07.2015
Col. J.B.S. Mehta (Retd.) son of Sh. Thakur Singh, resident of House No.34, Phase-IX, SAS Nagar (Mohali).
……..Complainant
Versus
Jhajjz Car Rentals, SSS 103, Phase IX, SAS Nagar (Mohali) through its Managing Director.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh, Member
Mrs. R.K. Aulakh, Member.
Present: Shri H.S. Saini counsel for the complainant.
Opposite Party ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Party (for short ‘the OP’) to:
(a) pay him Rs.35,000/- paid for making alternative arrangement of transport.
(b) pay him Rs.2,00,000/- for mental agony and harassment.
(c) pay him Rs.25,000/- as costs of litigation.
The case of the complainant is that on 26.06.2014 he booked a Volvo Bus with the OP for taking baraat of his son from his residence to Jaipur on 29.11.2014. The complainant gave to the OP cheque of Rs.10,000/- on 26.06.2014 towards booking of the bus. The OP confirmed booking of the bus. The complainant approached the OP on 25.11.2014 and at that time also the OP confirmed that the bus would be available on the booking date. On 27.11.2014 i.e. two days before taking of the barat to Jaipur, the driver and conductor of the bus came to the complainant and informed that the Volvo bus would not be available as they have some problem with the permit and that the complainant should make alternate arrangements. The complainant went to the office of the OP but the Manager as well as its MD/owner were not available and they also were not approachable on their mobiles. Under these circumstances the complainant had to book another bus from Tara Brothers, Chandigarh at a higher cost. The OP had also refunded the booking amount to the complainant vide draft on 08.12.2014. With these allegations, the complainant has filed the present complaint.
2. After admission of the complaint, notice was sent to the OP. As per report of India Post, the notice was delivered to the OP on 10.04.2015 but none appeared for it and thus it was proceeded against exparte on 27.04.2015.
3. To succeed in the complaint, the complainant proved on record affidavit Ex.CW-1/1 and tendered in evidence documents Ex.C-1 to C-6.
4. We have heard learned counsel for the complainant and have also carefully gone through the case file and written arguments filed by the complainant.
5. The complainant is a ‘consumer’ who has hired the services of the OP for taking the deluxe bus on rent for the marriage ceremony of his son to be performed on 29.11.2014. As per the complainant he has booked a Volvo bus on 26.06.2014 for undertaking journey on 29.11.2014 from Mohali to Jaipur for the marriage ceremony of his son. He has paid advance booking amount of Rs.10,000/- on 26.06.2014. However, two days prior to the fixed date of journey, the OP has cancelled the booking and, therefore, under the circumstances the complainant has to make alternate arrangement at higher rate than the agreed rate and thus shell out extra money to reach the destination. Though the OP has refunded Rs.10,000/- vide bank draft on 08.12.2014 still due to the acts of omission and commission leading to deficiency in service on the part of the OP, the complainant has suffered financial loss and mental agony.
6. Perusal of the record shows that the complainant has not produced any receipt issued by the OP to show the advance payment of Rs.10,000/- as booking amount. The complainant has relied upon the bank statement Ex.C-1 showing payment of Rs.10,000/- on 26.06.2014 to the OP. As per the complainant he has issued cheque of Rs.10,000/- to the OP for advance booking whereas perusal of Ex.C-1 showing cheque dated 26.06.2014 for an amount of Rs.10,000/- is towards ‘self’ and not issued in the name of the OP. Therefore, the complainant has failed to prove the advance booking amount of Rs.10,000/- made to the OP. However the complainant has produced Ex.C-2 i.e. copy of the draft dated 26.11.2014 issued by the OP to the complainant towards refund of the booking amount. This per se shows that the complainant has booked the bus of the OP for the marriage function of his son.
7. However, the complainant has failed to show the actual amount spent for making alternate transport arrangement from M/s. Tara Travels as there is no bill/document to show in this regard. Therefore, in the absence of any cogent evidence of spending extra amount of Rs.70,000/- on transportation for making alternate arrangement, we are not inclined to accept the contention of the complainant.
8. As stated above, the cancellation of the advance booking without consent and prior information of the complainant by the OP is an act of deficiency in service and the admission of the OP by inference when it had refunded the advance amount of Rs.10,000/- to the complainant per se amounts to deficiency in service and unfair trade practice for which the complaint deserves to be allowed and the complainant deserves to be compensated. Since the OP has already refunded the deposited amount of Rs.10,000/- to the complainant, his entitlement to compensation is only on account mental agony and harassment.
9. Thus, the complaint is hereby allowed. The OP is directed to pay a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) to the complainant for mental agony, harassment including costs of litigation. Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
July 02, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh)
Member
(Mrs. R.K. Aulakh)
Member
