Tamil Nadu

South Chennai

CC/328/2015

M/s.J.Sathish - Complainant(s)

Versus

KPN Travels India Ltd., - Opp.Party(s)

M/s.Kannan

06 Aug 2019

ORDER

                                                                  Complaint presented on : 25.08.2015

                                                                    Date of Disposal            : 06.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.328/2015

DATED THIS TUESDAY THE 06^TH DAY OF AUGUST 2019

                                 

1. J. Sathish,

S/o. Mr. B. Jaganathan,

 

2. Dr. Hannah Vasanthi Sathish,

W/o. Mr. J. Sathish,

 

3. S. Sarah (Minor),

D/o. Mr. J. Sathish,

(Represented by father and natural

Guardian, the 1^st complainant),

 

All are residing at:-

No.52/62, Mir Bakshi Ali Street,

Royapettah,

Chennai – 600 014.                                                       .. Complainants.                                                      

 

                                                                                             ..Versus..

 

1. KPN Travels India Ltd.,

Rep. by its Managing Director,

No.15, Venkat Narayana Road,

T. Nagar,

Chennai – 600 017.

 

2. KPN Travels India Ltd.,

Rep. by its Managing Director,

No.23-B, Rajaji Street,

Swarnapuri,

Salem – 636 004.                                                    ..  Opposite parties.

 

Counsel for the complainants       : M/s. K. Kannan & others

Counsel for the opposite parties  : M/s. R. Dhanalakshmi

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.3,300/- being the cost of A/c bus ticket fare and to pay a sum of Rs.15,000/- towards compensation for mental agony and sufferings and cost to the complainants.

1.    The averments of the complaint in brief are as follows:-

The complainants submit that on 16.05.2015, he availed ticket for travelling from Kodaikanal to Chennai through the opposite parties A/c bus bearing Registration No.PY 01 BT 9979 and the schedule time was 05.45 p.m.  The complainants booked air conditioned ticket for the upper berth numbers which are U-9, U-10 and U-25 and paid a sum of Rs.1,100/- each.   The complainants submit that on the date of travel i.e. 16.05.2015, rain started immediately after boarded the bus at 05.45 p.m. and continues.  The complainants found leaking of rain water inside the bus and thereby, the luggages and baggages were wetted caused huge damages.  Apart from that they found out the leakage through the air condition vent.  The complainants submit that immediately after noticing the water seepage, they have informed the attender/ driver to rectify the leakage.  But none of the opposite parties’ worker responded.  On the other hand, they insisted to get down from the bus if they didn’t like to travel.  The behaviour and humiliation of the drivers of the opposite parties caused great mental agony to the complainants. Hence, the complainants issued legal notice dated:10.07.2015 for which, the opposite parties 1 & 2 sent reply legal notice dated:27.07.2015 but not come forward to settle the demands of the complainants.  The act of the opposite parties 1 & 2 amount to deficiency in service and unfair trade practice which caused great mental agony.    Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.   The opposite parties 1 & 2 state that the complainants booked the ticket on 05.05.2015 for the travel on 16.05.2015 and paid a sum of Rs.3,300/- from Kodaikanal to Chennai.  On the day of travel, heavy rain started.   The complainant amoung other passengers everybody aware of it.  But it is denied that even after the leakage was informed to the driver and conductor they did not respond or rectified it etc.   Infact as admittedly all the upper berth booked by the complainant i.e. U9, U10 & U25.  The opposite parties 1 & 2 state that the opposite party’s men in the bus humiliated etc are vehemently objected.   It is hereby denied by the opposite parties that the drivers behaviour made them and their minor child much mental stress etc., it is respectfully submitted that when the complainant informed their problem to the conductor when the complainant argued in such a nature the bus authorities informed them to take another bus to travel if they don’t like to travel etc., otherwise not as narrated by the complainant that they used unethical words etc., its highly self imagined one to ruse the sympathy to this Hon’ble Forum.  The opposite parties 1 & 2 state that the complainant sent a legal notice dated:10.07.2015 for which, the opposite parties replied suitably.   Inspite of that, the complainant chose the legal proceedings.   In fact, it is stated by the opposite parties that it is the duty of the opposite parties to check both technical side and the seating arrangements with the cleanliness etc before starting any bus.   Further, it is an admitted fact that it was due to heavy rain and any leakage from that particular place unavoidable and not expected one.  To rectify, the opposite party also immediately attended to it.  But the complainant never allowed to do their duty etc.  Therefore, there is no deficiency in service as stated by the complainant and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and no document is marked on the side of the opposite parties 1 & 2.

4.      The point for consideration is:-

Whether the complainants are entitled to a sum of Rs.3,300/- towards the cost of ticket and Rs.15,000/- towards compensation for mental agony and deficiency in service  with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments. Heard their respective Counsels also.  The complainants pleaded and contended that on 16.05.2015, he availed ticket for travelling from Kodaikanal to Chennai through the opposite parties A/c bus bearing Registration No.PY 01 BT 9979 as per Ex.A1, tickets.  The complainants booked air conditioned ticket for the upper berth numbers which are U-9, U-10 and U-25 and paid a sum of Rs.1,100/- each.   Further the contention of the complainants is that on the date of travel i.e. 16.05.2015, rain started immediately after boarding the bus at 05.45 p.m. and continues.  The complainants found leaking of rain water inside the bus and thereby, the luggages and baggages were wetted caused huge damages.  Apart from that they found out the leakage through the air condition vent.  Further the contention of the complainants is that immediately after noticing the water seepage, they have informed the attender/ driver to rectify the leakage.  But none of the opposite parties’ worker responded.  On the other hand, insisted to get down from the bus at the odd hours in the rain in unknown places.  The behaviour  and humiliation of the drivers of the opposite parties caused great mental agony.  The opposite parties also admitted in their written version that in para 5 it reads as follows:

“it is respectfully submitted that when the complainant informed when the complainant argued in such a nature the bus authorities informed them to take another bus to travel if they don’t like to travel etc., otherwise not as narrated by the complainant that they used unethical words etc., its highly self imagined one to ruse the sympathy to this Hon’ble Forum”.

proves the deficiency in service and unfair trade practice. The complainant is claiming refund of the ticket fare and compensation. 

6.     The learned Counsel for the opposite parties 1 & 2 would contend that admittedly, the complainants booked the ticket on 05.05.2015 for the travel on 16.05.2015 and paid a sum of Rs.3,300/- from Kodaikanal to Chennai.  On the day of travel, heavy rain started.  The allegation of leakage and information to the driver and conductor and they have not responded or rectified the same was imaginary.  Because the complainants has not pleaded and proved that whether the whole bus was leaking or leakage in their berth alone caused is not proved.  But on a careful perusal of the photos as per Ex.A4, it is very clear that there are leakage caused great damages etc.   Further the contention of the opposite parties 1 & 2 is that the allegation of humiliation is imaginary and there is no evidence.  But it is admitted in the written version that

“it is respectfully submitted that when the complainant informed when the complainant argued in such a nature the bus authorities informed them to take another bus to travel if they don’t like to travel etc., otherwise not as narrated by the complainant that they used unethical words etc., its highly self imagined one to ruse the sympathy to this Hon’ble Forum”.

proves the extremity of humiliation.   It is also admitted in such manner that there was leakage and has not taken any steps for arrest of such leakage instantly.  On the other hand, on represented the inconvenience, the words used by the driver and the conductor of the bus that “to take another bus to travel if they don’t like to travel etc.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally shall refund a sum of Rs.3,300/- and a compensation of Rs.10,000/- for mental agony with cost of Rs.10,000/- to the complainants.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.3,300/- (Rupees Three thousand three hundred only) being the A/C ticket fare and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainants.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of bus tickets
		Copy of legal notice of the complainants to the opposite parties
		Copy of reply notice from the opposite parties’ Counselto the complainant’s Counsel
		Copy of photos

 

OPPOSITE PARTIES’ SIDE DOCUMENTS:-  NIL

 

                              

MEMBER                                                                                PRESIDENT