IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 25th day of August, 2011.
Present : Sri. Jacob Stephen (President).
Sri. N. Premkumar (Member)
C.C.No.138/11 (Filed on 08.06.2011)
Between:
Harikumaran Pillai,
Vaisakh,
Thekkemala.P.O.,
Kozhencherry. ..... Complainant.
And:
Manager,
Travelex Holidays,
Tour Packages,
Opp. Private Bus Stand,
Thiruvalla. ..... Opposite party.
O R D E R
Sri. N. Premkumar (Member):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Facts of the case in brief is as follows: Complainant booked opposite party’s Tourist bus for his daughter’s marriage. The said marriage has to be solemnized at Parthasarathi Temple, Aranmula on 22.5.11 in between 11.30 a.m. to 12.30 noon. Complainant entered into an agreement with opposite party on 31.1.2011 and fixed ` 6,000 as rent and paid ` 1,000 as advance. As per the contract, the place of reporting the bus is at Nedumpram Saw mill Junction at 8.30 a.m. on 22.5.11 for transporting the wedding party. Thereafter complainant telephoned opposite party on 15.5.11 and 21.5.11 as a reminder for informing the departure date. But on the wedding day opposite party has not arranged the bus as agreed. Complainant had made speedy alternative arrangements by hiring light vehicles for transporting the relatives and friends. Even then he could not collect all the invitees to the wedding place, which affected the image of the complainant. All this caused mental agony and hardship, which is solely due to the deficiency of service of the opposite party. Hence this complaint for the realisation of ` 67,900 under various heads.
3. Opposite party has not entered appearance. Hence they were declared as exparte.
4. From the above pleadings, the following points are raised for consideration:
(1) Whether the complaint is maintainable before the Forum?
(2) Whether the relief sought for in the complaint are allowable?
(3) Reliefs & Costs?
5. Evidence of this case consists of the oral deposition of PW1 and Exts.A1 to A3. After closure of evidence, the complainant was heard.
6. Point Nos.1 to 3:- In order to prove the complainant’s case, complainant adduced oral evidence as PW1 and three documents produced were marked as Exts.A1 to A3. Ext.A1 is the invitation card of the marriage. Ext.A2 is the booking receipt of ` 1,000 issued by opposite party. Ext.A3 is the marriage certificate issued by Travancore Devasom Board.
7. On the basis of the allegations of the complainant against the opposite party, we have perused the entire materials on record. Ext.A1 shows that complainant’s daughter’s marriage has to be solemnized on 21.5.11 at Aranmula. Ext.A2 shows that he had booked the bus of opposite party and opposite party received an advance of ` 1,000. Ext.A3 shows that marriage has been solemnized at Parthasarathy Temple on 21.05.11. According to the complainant, he telephoned the opposite party two times as a reminder before the departure date. But opposite party has not acted as per Ext.A2.
8. It is not disputed that the complainant had entered into a contract with opposite party. Ext.A2 shows that opposite party received `1,000 as advance and assured to arrange the bus on the wedding day. According to complainant, opposite party has not arranged bus as agreed, which caused mental agony and financial loss. There is no reason to disbelieve the complainant’s allegations. It is the boundan duty of opposite party to act as per Ext.A2. After accepting Ext.A2 amount and entering into a contract, opposite party is not entitled to withdraw from his obligation to the complainant and the same is not only a breach of contract but a clear deficiency of service. In absence of cogent evidence, the amount claimed by the complainant is not allowable as such.
9. In the result, complaint is allowed in part, thereby opposite party is directed to return the Ext.A2 amount with a compensation of `10,000 (Rupees Ten Thousand only). Since there is no prayer for cost, same has not been allowed. The amount so awarded is to be paid within 15 days from the date of receipt of this order failing which the whole amount will follow 9% interest from this date till the realisation of the whole amount.
Declared in the Open Forum on this the 25th day of August, 2011.
(Sd/-)
N. Premkumar,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Harikumaran Pillai
Exhibits marked on the side of the complainant:
A1 : Invitation card
A2 : Carbon copy of Tour Contract Form dated 31.1.11 issued by the
opposite party to the complainant.
A3 : Marriage Certificate issued by Travancore Devasom Board.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
Senior Superintendent
Copy to:- (1) Harikumaran Pillai, Vaisakh, Thekkemala.P.O.,
Kozhencherry.
(2) Manager, Travelex Holidays, Tour Packages,
Opp. Private Bus Stand, Thiruvalla.
(3) The Stock File.`
