Tamil Nadu

North Chennai

CC/78/2021

S.Neelavathi,D/o.R.Shanmugan - Complainant(s)

Versus

KPN Travels.Rep by its Chief Execution - Opp.Party(s)

M/s.P.Chandrasekaran

13 Oct 2022

ORDER

Complaint presented on : 19.02.2020

Date of Disposal             : 13.10.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

CHENNAI(NORTH)

2^nd  Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai-600 003.

 

PRESENT :  THIRU G. VINOBHA, M.A., B.L.,                                       : PRESIDENT

                       TMT. KAVITHA KANNAN, M.E.                         : MEMBER-I

                       THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No. 78/2021

 

DATED THIS DAY THURSDAY THE 13^TH DAY OF OCTOBER 2022

 

S.Neelavathy,

D/o.R.Shanmugam,

W-4, S.1. Quarters, Leuthral Garden,

Kilpauk, Chennai-600 010.

                                                                                      ….  Complainant

 

…Vs…

 

KPN Travels rep by its Chief Executive,

K.P.Natarajan,

S/o.Ponmalai Gounder,

Koyambedu (boarding point)                                                  

No.17, Chennai Omni bus stand

Koyambedu, Chennai-600 107

Also at:

No.277, Maraimalai Adigal Salai,

Puduchery district,

Puduchery UT.                                                                   …..Opposite party.

                                     

Counsel for Complainant                   : M/s.P.Chandrasekar & V.Rajkumar

 

 Counsel for  opposite party                : Ex-parte.

 

 

ORDER

TMT. KAVITHA KANNAN, M.E.       : MEMBER-I  

The complainant has filed the complaint against opposite party under section 35 of Consumer Protection Act 2019 praying to direct the opposite party to pay him a sum of Rs.3,00,000 towards mental agony and deficiency of service, a refund sum of Rs.1230/- spent against tickets, Rs.25,000/ towards cost of petition and further other suitable reliefs.

1.THE COMPLAINT IN BRIEF :

The complainant submitted that he had booked two tickets in opposite party bus on 02.02.2019 from Chennai to Tiruchy and return tickets was booked on 04.02.2019 in sleeper coach AC vide seat nos. L7 and L8 vide bus no. PY 01 CT 5199 and the bus did not start as per the schedule and the bus departed only at 12 hours in the midnight and near Senkurichi the bus had entered into one pertrol bunk and after filling up diesel and further the driver informed that bus will take more than one hour to move from that place and passengers who wanted to go early can board the other bus vide Reg No. PY 01 CS 9949 and the complainant was not inclined to shift to the other vehicle since the appearance of the vehicle itself was very old and the complainant expressed to travel in the same bus where she had boarded but the driver forced the complainant to shift to other bus. Further submitted that she being a lady with her female child age 4 years with luggages had shifted with great difficulty to other bus and the air condition was not working and allotted last seat and screen handles are broken and the bus was completely ugly and odour. Further the windows were continuously opened throughout the journey and due to urination by one of the passengers near the emergency window the complainant foul smell and it continued even after pouring of water and complainant was not able to sleep and was put to mental agony. The complainant sent a legal notice to opposite party on 06.04.2019 seeking compensation for mental agony for which a false reply was given by the opposite party and hence the complaint.

2. POINTS FOR CONSIDERATION

1. Whether there is deficiency of service on part of the Opposite party?
2. Whether the Complainant is entitled to the reliefs as prayed in the complaint.  If so, to what extent?

The Proof Affidavit was filed by the Complainant as his evidence and the documents were marked as Ex. A1 to A7.  The opposite party  set exparte.

3. Point No.1:-

 

 The complainant booked 2 tickets for her journey from chennai to trichy planned on 02-02-2019 and return journey on 04-02-2019 in AC sleeper bus  no. PY 01 CT 5199 paying Rs.1230/.The bus did not start a scheduled and after sometime of departure the bus stopped near Senkurichi and halted in a nearby petrol station. The travellers were later informed that the bus had a breakdown and the travellers had to shift to another bus. The complainant was forced to shift. Since the bus did not appear to be in good condition for the travel the complainant boarded with hesitation. The complainant with all physical stress and strain shifted her 4 year old daughter along with luggages to the second vehicle in which she was allotted the last 2 seats. Stinking urine smell and rattling sound of seats left the complainant and her kid sleepless through the night. The complainant tried to escape the odour by pouring water which did not help to over come the trouble. To the complainant's annoyance there was again a stinking smell beneath the berth where a co-passenger had created the problem by urinating which worsened the situation. The series of events were narrated in the legal notice . The opposite party denied all allegations stated in the legal notice and hence this complaint.  The complainant was not provided the comfort for which she had paid for.

          4. As per Ex. A3 the complainant had booked a travel ticket through Redbus portal Ticket. No-TN3484367538 from Tiruchirapalli to Chennai, travel scheduled on 04-02-2019 via Opposite party bus service paying a sum of Rs.1230/- for her and her child and was allotted L3 and L4 seats.  The departure was scheduled to be at 11.15pm on 04-02-2019.  On the complainant's journey towards Chennai on 4-2-2019, the complainant was accompanied by her 4 year old daughter. The bus scheduled to start by 11.15pm starts only by 12.00am and wherein after reaching Senkurichi the bus crept under electrical problem and electrician were required to attend the bus and they found it will take an hour's repair work as alleged in Ex.A6 reply.  The complainant was accommodated in another bus that was not in a good condition to travel where the complainant seems to have suffered due to intolerable odour and rattling sound as she was provided the last seat.  But whereas in the bus originally booked by her she was allotted the L3 and L4 seats which were apparently on the front side of the bus.  As per para 5 of Ex.A6 the reply to the legal notice filed by the complainant the stinking smell which arose due to misuse of the emergency exit window by another co passenger there by causing urination odour is admitted by opposite party.  The admission in para 5 reply by the opposite party n which he admitted that some incident happen during the travel as stated in the notice but it happened by the co-passanger only  proves the negligence on part of the opposite party. On account of the opposite party's inefficiency to provide a safe and comfortable journey to the paid passengers depicts deficiency of service and his evasive reply on the legal notice proves the negligence in performing the duty cast upon them.  It's the sole responsibility of the Opposite party to provide safe accommodation to the complainant who has paid a huge fare by expecting that the opposite party will give a comfortable journey which  the opposite party failed to do.  It is found from the averment and documents filed that the opposite party has admitted that the complainant booked ticket to travel in AC coach but she and her child was forced to change in a different bus which was not having Air conditioning facility properly and further the said bus was not maintained in a clean manner by the opposite party by which the complainant and her child were constrained to travel in a uncomfortable manner and there is no proof to show that the bus which was booked by the complainant had to be stopped due to electrical problem and hence for all the reasons stated above, it is found that the opposite party has committed deficiency in service in not providing a comfortable journey for which the complainant has paid and assured and Point No. 1 answered accordingly.

5. POINT NO.2

Based on finding given Point no.1 since there deficiency of service on part of opposite party in not providing comfortable journey to the complainant and thereby the complainant and thereby  caused  hardship and mental agony to the complainant and hence the opposite party liable to pay Rs.25,000/- to the complainant as compensation towards hardship and mental agony and also pay Rs.5,000/- towards cost of the complaint.

         In the result the Complaint is partly allowed.  The Opposite Party is  directed to pay a sum of Rs.25,000/- as compensation (Rupees Twenty Five Thousand Only) for not providing comfortable journey to the complainant and thereby causing  hardship and mental agony to the complainant and also pay Rs.5000/- towards cost of this complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order till the date of payment. 

Dictated by the Member-I to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 13^th   day of October 2022.

 

MEMBER I                           MEMBER II                     PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT

Ex. A1	26.12.2018	Feedback message from the opposite party.
Ex. A2	02.02.2019	Bus ticket booked by red bus and boarding pass
Ex. A3	04.02.2019	Bus ticket booked by red bus and boarding pass
Ex.A4	04.02.2019	Feedback message from the opposite party.
Ex.A5	06.04.2019	Legal notice issued by the complainant
Ex.A6	27.04.2019	Reply notice issued by the opposite party .
Ex.A7	01.08.2019	Rejoinder issued by the complainant counsel.

 

MEMBER I                           MEMBER II                     PRESIDENT