Delhi

North West

CC/17/2015

T.VENKATARAMAN - Complainant(s)

Versus

M/S MERU CAB CO.PVT.LTD. - Opp.Party(s)

12 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088

 

                          CC No: 17/2015

D.No.__________________                                   Dated:_________________

 

IN THE MATTER OF:

 

 

T. VENKATARAMAN S/o SH. K. THYAGARAJAN,

R/o B-3/37 C, LAWRENCE ROAD,

OPP. METRO PILLAR No. 247,

KESHAV PURAM, DELHI-110035.… COMPLAINANT

 

 

Versus

 

M/s MERU CAB CO. PVT. LTD.,

128, IJMIMA, RAHEJA METROPLEX,

OFF LINK ROAD, NEAR MINDSPACE,

MALAD (WEST), MUMBAI-400064.

 

ALSO AT: BIMAL PLAZA, 1^ST FLOOR,

PLOT No. 9, POCKET-4, SEC-11,

NEAR KARGIL ROAD, DWARKA,

NEW DELHI-110075.      … OPPOSITE PARTY

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

         

                                               Date of Institution: 05.01.2015

Date of decision: 12.02.2018

 

SH. M.K. GUPTA, PRESIDENT

 

ORDER

 

1.       The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the

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          complainant booked a Meru Cab online on 01.11.2014 evening through Meru mobile application for going to Airport Terminal 1D on 03.11.2014 at 04:25 hrs. and the booking reference no. 31487964 and the complainant received a SMS at 5:32 p.m. on 01.11.2014 that the cab details will be sent 20 minutes prior to pick up time and received a SMS at 03:56 hrs. on 03.11.2014 confirming the booking and informing the Meru Flexi Car and the driver number confirming that the cab will reach by 4:25 a.m. The complainant further alleged that the complainant received a call at 3:52 a.m. on 03.11.2014 from a Meru driver (mobile no. 9971500241) asking the complainant the directions to reach the complainant’s house which was the pickup point and gave him the directions and requested him to reach by 4:30 a.m. and by 4:30 a.m. when the cab did not arrive, the complainant made frantic calls to the driver at his mobile no. 9971500241 from which he had called the complainant to find out the position but he did not pick up the calls at all. The complainant also tried to call the driver Shobi Khan at the mobile no. 9289448638 provided by OP in the message and his phone was switched off and the complainant tried to contact Meru Cabs no. 011-44224422 and received the reply every time that all the executives are busy and the waiting time is around 10-12 minutes. The complainant further alleged that the

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          complainant could not get any taxi and the complainant missed the flight which was departing at 05:45 hrs. to Vadodara and had to proceed only by the evening flight and the complainant had to incur losses in the complainant’s business and also lost the precious time because of this. The complainant further alleged that this is the second time that this type of incident has occurred with Meru and the complaint dated 16.11.2013 is still pendingwith OPand is still not attended and the complainant has not received any reply from the side of OP and an e-mail from OP was received on 20.11.2014 that they do not have any compensate policy.

2.       On these allegations the complainant has filed the complaint praying to direct the OP to pay compensation of Rs.20,00,000/- for causing mental hardship and loss of the business.

3.       OP has been contesting the case and filed reply wherein OP contended that the complaint is misconceived, not maintainable, abuse of process of law and is liable to be dismissed. OP further submitted that as per clause 12 of the terms & conditions of OP any dispute arising from the use of services offered by OP will be subject to exclusive jurisdiction of the Courts in Mumbai and the terms & conditions are applicable on OP as well as its customers including the complainant. OP further submitted that there is no cause of action in favour of the complainant and the complainant was

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          himself negligent in reaching the airport to catch the flight. OP further submitted that the distance between the pickup point and the airport T-1 is about 20 KMs. which takes about 45-55 minutes in case of non-peak hours to cover the said distance and as per rules of “Indigo”, the passengers must report for check-in close counter at-least 45 minutes prior to the scheduled departure time and the complainant is himself responsible for the careless attitude. OP accordingly submitted that there is no deficiency in service on its part.

4.       The complainant filed rejoinder and denied the version of the OP.

5.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copies of SMS message, copy of Meru Cab Booking Status, copies of calls details, copy of Indigo flight ticket, copy of boarding pass, copy of complaint dated 16.11.2013 written by the complainant to OP, copy of SMS message, copy of IRCTC ticket, copy of complaint dated 06.11.2014 and copies of e-mail communication between the parties.

6.       On the other hand on behalf of OP Sh. Rashid Hussain, Executive, Legal & Facilitation of OP filed his affidavit in evidence which is as per line of defence taken by the OP in the reply. OP has also filed copy of terms & conditions and has also filed written arguments.

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7.       This forum has considered the case of the complainant in the light of evidence of both the parties and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It is the admitted case that taxi of the OP should reach pickup point i.e. complainant’s residence by 04:25 a.m. The communication between the parties clearly shows that the taxi driver alongwith taxi which was provided by the OP could not reach the pickup point i.e. the complainant’s residence by 4:30 a.m. OP is not justified in contending that the complainant was himself negligent in catching the flight. When the complainant has categorically instructed the OP to provide a taxi/cab and it was confirmed by OP that the cab/taxi shall reach the complainant’s residence by 04:25 a.m. then the OP cannot escape from its liability. Thus, OP is held guilty of unfair trade practice and deficiency in service.

8.       Accordingly, OP is directed as under:

1. To pay to the complainant an amount of Rs.8,000/- as compensation towards mental agony and  harassment caused to the complainant which includes litigation cost.

9.       The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing

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          which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

10.     Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 12^th February, 2018.

 

BARIQ AHMED                         USHA KHANNA                         M.K. GUPTA

   (MEMBER)                               (MEMBER)                          (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

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