IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 19th day of March 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Sri. M.Praveen Kumar,Bsc, LLB ,Member
CC.No.87/2017
Sunil Alex : Complainant
Thoppil Veedu, Kumbalam P.O
Mulavana Village, Kollam
Now Residing at
Alan Bhavan
Meloor P.O
Chalakkudy, Thrissur
[By Adv.V.F.Jilbai]
V/s
Manager : Opposite party
Kallada Tours & Travels
Near Railway Gate, Beach Road, Chinnakkada, Kollam
[By Adv.Saiju.J]
ORDER
SRI. M. PRAVEEN KUMAR, MEMBER
This is consumer complaint filed under Section 12 of Consumer Protection Act 1986, Complainant’s case is that on 11.08.2017 he had booked a ticket for Rs.580/- for travelling from Kollam to Chalakkudi and opposite party give E3 series ticket. Complainant is an Artist by profession. Said journey was planned for attending to shoot cassette recording. Opposite party assured that the vehicle will arrive at Kappalandi Mukku near S.N. College, Kollam at about 6.pm. Complainant stood there up to 8 pm but no vehicle came there as per reservation. Complainant approached Kollam East Police Station but they did not take any action. Due to the negligence, deficiency in service of opposite party complainant cannot attend the cultural program which was arranged at Thodupuzha. Hence the programme was cancelled and complainant and his co-artist has sustained
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financial loss and mental sufferings. So the complainant approached Forum seeking direction to the opposite party to refund an amount of Rs.580, spent for booking the ticket, financial loss sustained orchestra team Rs.15000/-, Rs.50,000/- being compensation for mental agony and costs to the proceedings.
On getting notice issued from this forum the opposite party entered appearance through Adv.Saiju.J as early on 03.05.17. However the opposite party has neither filed any written version nor cross examined the complainant and there by remained exparte.
After getting notice from the Forum opposite party not turned up, nor filed version or adduced evidence and remained exparte.
The points that arise for consideration are:-
1.Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled to get refund of bus fare from opposite party?
3. Whether the complainant is entitled to get compensation prayed for?
4. Reliefs and costs?
The complainant filed proof affidavit and got marked one document as Ext.P1.
Points 1 to 3:-
For avoiding repetition of discussion of materials these 3 points are considered together. The main allegation of the complainant is that though he booked a ticket to travel from Kollam to Chalakudy by paying Rs.586/- and reserved E3 seat in the tourist bus run by the opposite parties which passes through Kollam Kappalandimukku at 6 pm, the bus has not arrived at and he could not travel to the destination on that day. The unchallenged averments in the affidavit
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coupled with Ext.P1 receipt issued on behalf of the opposite party would establish the same. The further allegation of the complainant is that he is a singer and CD Cassette recording artist, that he is having knowledge in sound recording and music direction etc and as he could not catch the bus booked by him, he sustained heavy loss. The learned counsel for the complainant has argued that due to the negligent act of opposite party, complainant cannot arrive at the destination and play orchastra and thereby sustained a loss of Rs.15,000/-. But complainant failed to adduce any evidence in support of that claim. Apart from the averments in the affidavit there is no materials to substantiate that fact. Hence he is not entitled to get any loss on that count. However the non providing service of tourist bus which resulted in the failure to travel from Kollam to Chalakudy as agreed in Ext.P1 ticket booking receipt is definitely deficiency in service and gross negligence on the part of the opposite party. Therefore the complainant is entitled to get refunded the ticket charge with 9% interest from the date of booking and compensation to the tune of Rs.3000/- as compensation and Rs.2500/- as costs of the proceedings. points answered accordingly.
Point No.4
In the result the complaint stands allowed in part directing the opposite party to refund an amount of Rs.580/- with interest @9% per annum from the date of booking the ticket (11.03.2017) Rs.3000/- being compensation and Rs.2500/- being costs of the proceedings within 45 days from today failing which complainant is entitled to realize the same with interest @12% per annum from 11.03.2017 till realization from opposite party and from the assets of Kallada tours and travels Kollam.
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Dictated to the Confidential Assistant Smt.Deepa.s transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 19th day of March 2018.
E.M .MUHAMMED IBRAHIM:Sd/-
M.PRAVEENKUMAR:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Witnesses Examined for the Complainant-Nil
Documents marked for the complainant
Ext.P1:- Cash receipt/Boarding pass
Witnesses examined for the opposite parties-Nil
Documents marked for the opposite parties-Nil
E.M.Muhammed Ibrahim:Sd/-
M.Praveen Kumar:Sd/-
Forwarded/by Order
Senior Superintendent
