Dated: 19.09.2024

O R D E R

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER:

1. This is an appeal filed by OP in CC/191/2017 on the file of Dakshina Kannada DCDRC, Mangaluru, aggrieved by the order dated 06.06.2018.  (The parties to this appeal will be referred as to their rank assigned to them by the District Commission)
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels.
3. Now the point that arise for consideration of the Commission would be:

Whether impugned order passed dated 06.06.2018 passed in CC/191/2017 does call for an interference of the Commission for the grounds set out in the appeal memo?

4. It is not in dispute that complainant had purchased bus ticket for travelling from Bengaluru to Mangaluru.  The departing timing as found in ticket No.32807987 with PNR No.J63519398-trip code No.1428BNGMNG is on 31.03.2017 at 14:28 hours. However,  on 30.03.2017 around 01:00 pm  (13:00 hours) complainant had received the message on her mobile phone from OP,  booked bus in which she were   to travel from Bengaluru to Mangaluru came to be  cancelled and informed  ticket sum of Rs.810/- will be refund and the price paid towards ticket came to be refunded on 31.03.2017. 
5. In the above such circumstances, the complainant Miss.Dr.P.Sahana, D/o Mr.P.Ranjan Rao, aged 23 years had raised Consumer Complaint alleging, OP had rendered deficiency of services. It was her case as she were to participate as a rank holder of MBBS in a Graduation Ceremony, 2017 to be held on Saturday, 1^st April 2017 at 6:20 pm at Father Muller Charitable Institution, with no option to book  a Jet Airways flying at 6:20pm at the cost of Rs.5,290/- and had participated. She had claimed Rs.4,480/- after deduction of  Rs.810/- refunded on 31.03.2017.   
6. In view of rival contentions of respective parties, District Forum held an enquiry found OP, had rendered deficiency in service, is liable to pay a sum of Rs.4,480/- and Rs.5,000/- which is inclusive of compensation, legal notice charges and cost of the complaint.  It is this order is assailed in this appeal contending that the findings recorded by District Forum is highly illegal, passed without any basis, when the entire reservation fare of Rs.810/- had been refunded to the complainant.  Contrary to the case of complainant OP had denied the rendering deficiency of services and specifically contended, alternate arrangement to travel to Mangaluru is the complainant’s prerogative for which cannot seek compensation was not considered by the District Forum.  Learned counsel for appellant/OP submits that right of cancellation was reserved with the OP and the entire reservation fare was refunded in full to the complainant.  Therefore, the impugned order cannot be sustained either on facts and law   requires to be interfered with. 
7. It is to be taken notice of the fact, as found by District Forum, the condition shown in the ticket, the KSRTC had reserved its rights for cancellation was not made known to the complainant and was made known only after issuance of tickets and as the District Forum found as per Ex.C7 the graduation ceremony held on 01.04.2017 at 5:00pm at Mangaluru. In such circumstances, complainant having conferred with rank in MBBS was called to participate and it is an honor for her to speak, had no option except to book an Air ticket to reach Mnagaluru. The complainant   had also shown that she had participated in the graduation ceremony, had paid Rs.5,990/- towards an Air ticket.  It is also to be taken notice of the fact that refund of Rs.810/- was done only on 31.03.2017. In other words, not refunded along with the message sent on 30^th March 2017. In such circumstances, she had option to engaged a taxi or to book an Air ticket from Bengaluru to Mangaluru and had chosen to travel by Air which in our view is justified since the price to engage a taxi would costs even more was rightly appreciated by the DF. It is not in dispute that the graduation ceremony was held on 01.04.2017 and was felicitated being rank holder.
8.  In the above such circumstances, OP having been cancelled the said trip had failed to show that she had an  alternative option to book, yet another Airaavat Bus to travel on the date of journey with little change in timings, which would serve the purpose to reach Mangaluru, District Forum has to be held right in passing the impugned order.  Hence, we did not find any grounds to interfere in the impugned order passed by District Forum.  Accordingly, proceed to dismiss the appeal with no order as to costs.
9. The Amount in deposit is directed to be transferred to the District Commission for needful.
10. Send a copy of this Order to the District Commission and parties to the appeal for information.

        Lady Member                                  Judicial Member             

*GGH*