DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

 Wednesday the 27^th day of March 2024

CC.42/2024

Complainant

Shynith. P.P,

Aalila House,

Mayilothara Post,

Kozhikode – 673513.

Opposite Parties

1.  Majeed Thachapala,

City Star Tours and Travels,

Chalikkara, Perambra,

Kozhikode, 673 614 (PIN).

2. City Star Tours and Travels,

Chalikkara, Perambra,

Kozhikode, 673 614 (PIN).

ORDER

By Sri. V. BALAKSRISHNAN – MEMBER

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant and his team decided to go for a pilgrimage to Sivagiri on 28/12/2023from his native place Adukkath. For this purpose, 49 seated bus was booked from the opposite parties on 23/12/2023 for an amount of Rs. 74,000/-. An advance payment of Rs. 5,000/- was made to the first opposite party by Gpay on the same day. For the purpose of taking the permit, the list of the 47 pilgrims were also handed over to the first opposite party. In the morning on the date of the journey the first opposite party informed that the bus had gone for repair and would be ready only at 2 pm. After half an hour the first opposite party again informed over phone that the booking was made only for a 34 seated bus and 49 seated bus would not be sent. All the pilgrims were ready by 2 pm at the starting point. But no bus was sent by the first opposite party. The situation had created much physical unrest and mental agony. Finally another bus had to be arranged from a different agency. Due to deficiency in service of the first opposite party all the passengers had suffered physically, financially and mentally.The advance of Rs. 5,000/- paid is not so far refunded by the first opposite party.

3. So the complainant has approached this Commission to give direction to the opposite parties to pay a compensation of Rs. 1,00,000/- for the financial loss, mental agony and hardship suffered
4. The opposite party was set ex-parte.
5. The points that arise for determination in this complaint are;

      1) Whether there was any deficiency of service on the part of the opposite parties, as alleged?

                        2) Reliefs and costs.

6. Evidence consists of the oral evidence of the PW1 and Exts A1 to A3.
7. Heard the complainant.
8. Point No 1  :   in order to substantiate his case, the complainant got himself examined as PW1. PW1 has filed proof affidavit and deposed in terms of the averments in the complaint. Ext A1 is the copy of the online chat done for booking the bus, Ext A2 is the Gpay details showing advance payment and Ext A3 is the list of 47 pilgrims.   
9. It is averred in the affidavit that the advance payment of Rs. 5,000/- was given to the opposite parties and they failed to provide 49 seated tourist bus on the day of travel. All the 47 pilgrims were ready for the departure as scheduled. Finally the complainant had to rearrange the trip availing the service of another tourist bus provider. From Ext A1, it is clear that the opposite parties offered the service of bus for the scheduled program for an amount of Rs. 74,000/-.  Also from Ext A2, it is gathered that advance payment of Rs. 5,000/- was given through Gpay to first opposite party on 23/12/2023.
10. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to state their version and they chose to remain ex-parte. No contra evidence is there. Deficiency of service on the part of the opposite parties stands proved through the testimony of PW1 and Exts A1 to A3. The complainant is entitled to get refund of advance Rs. 5000/- paid to opposite parties. He is also eligible for the compensation of Rs. 35,000/- for the hardship and mental agony suffered.
11. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                 a)  CC.42/2024 is allowed in part.

b) The opposite parties are directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) to the complainant, being the advance paid for the booking.

c) The opposite parties are directed to pay a sum of Rs. 35,000/-   (Rupees thirty five thousand only) as compensation to the complainant for the hardship and mental agony suffered.

d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 5,000/- (Rupees five thousand only) shall carry an interest of 6% per annum from the date of this order till actual payment.

e) No order as to costs.  

Pronounced in open Commission on this, the 27^th  day of March, 2024.

Date of Filing: 22/01/2024

                                   Sd/-                                                  Sd/-                                                  Sd/-

                            PRESIDENT                                    MEMBER                                        MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the online chat done for booking the bus.

Ext A2 - Gpay details showing advance payment.

Ext A3 - List of 47 pilgrims.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1 -   Shynith.P.P (Complainant)

                                  Sd/-                                                  Sd/-                                                  Sd/-

                            PRESIDENT                                    MEMBER                                        MEMBER

         True Copy,      

                                                                            Sd/-

                                                                Assistant Registrar.