IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 31st day of October, 2016
Filed on 18/03/2014
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
CC/No.83/2014
between
Complainant:- Opposite parties:-
Sri. T.R. Ramachandran Nair 1. M/s. New Land Tours
Devadeepam Veedu Travel Agents & Travel Operators
Kuttoor Muri, Kuttoor Village Registered Office, T.V.S. Building
Thiruvalla Taluk M.C. Road, Chengannur
Pathanamthitta District Represented by its Office Manager
(By Adv. Babu Joseph) Sreenarayanan, Sreenarayanan Usha
Bhavan, Angadickal
Puthenkavu P.O., Chengannur
Pin – 689 123
(By Adv. R. Rajesh & T. Jayan)
2. New Land Tours, Travel Agency &
Tour Operators, Proprietor Sajith
Mathew, Residing at TVS House
Perisserry P.O., Chengannur
(By Adv. P.K. Alexander)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant had booked 5 buses owned by the first opposite party on 22.9.2013 for 9.2.2014 in connection with the marriage of his son. Even though he had booked 5 buses, he had cancelled one bus on the next day itself. He paid Rs.10,000/- as advance amount. As per the agreement, the opposite party has to arrange the buses to reach at 8 a.m. and after the function they have to return at 5 p.m. Before the date of marriage the complainant contacted several times with the opposite party, the opposite party assured that the buses will reach in time. But on 9.2.2014, the buses did not reach at the place. He tried to contact the opposite party, but there was no result. On that day, the complainant contacted the opposite party from 8 a.m. to 10 a.m. Since the phone of the opposite party was switched off, he could not make any contacts with the opposite party. Complainant hired vehicles from Grace Tours and Travels, Chengannur and Anjali Travels, Thiruvalla by giving the amount demanded by them. Many of the relatives could not participate in the function. This caused much mental agony and inconveniences to the complainant. Alleging defect and deficiency in service on the part of the opposite parties, the complaint is filed. 2. The version of the first opposite party is as follows:-
As per the agreement complainant has to pay Rs.28,000/- before commencing the journey and obtain receipt for the same. No payment was paid as per the terms of the contract and hence no such receipt has been issued. Complainant cancelled one bus on 4.2.2014 ie. 5 days before the date of marriage. On 6.2.2014 the complainant contacted the opposite party and said that he need only 2 buses as the then Gujarath Chief Minister Sri. Nrendra Modi was visiting Trivandrum and holding a public function on 9.2.2014 and hence most of his relatives would go there. At this turn of events the opposite party firm took the position that all the charges were computed as charges for a package of five buses undertaking the journey. The cancellation of one bus was allowed as an act of goodwill by Firm. No further cancellation could be allowed because four buses were kept apart for this contract alone and several other offers for booking these buses were not accepted and because of this the said firm would suffer substantial losses. The complainant was told to remit the balance amount, thereupon the complainant said that he needed only two buses and he would pay for them only. As per the terms of the contract the complainant owes the opposite party firm Rs.14,000/-. Hence Rs.10,000/- accepted as advance was not given back. The complainant failing to arrange two buses from other operators pleaded with the opposite party firm for two buses even on 9.2.2014 to which the opposite party firm was not amenable. There is no deficiency in service on the part of the first opposite party.
3. The version filed by the additional 2nd opposite party is as follows:-
It is true that this opposite party was the co-owner of the building in which the first opposite party is working. The 2nd opposite party is conducting the business in the said building up to 2010. But thereafter the first opposite party is conducting the same business in the building. The 2nd opposite party has no connection with the complainant and never authorized Mr. Narayan or anyone else to act for and on behalf of the first opposite party. The 2nd opposite party has no knowledge from the transaction between the complainant and Mr. Narayan.
4. The complainant was examined as PW1. The documents produced marked as Exts.A1 to A7. Two witnesses were examined as PW2 and PW3. The first opposite party was examined as RW1. The document produced marked as Ext.B1. The power of attorney holder of the 2nd opposite party was examined as RW2. The power of attorney produced marked as Ext.B2.
5. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) If so the reliefs and costs?
6. According to the complainant, he had booked 5 buses on 22.9.2013 for 9.2.2013 in connection with marriage of his son. In order to substantiate this allegation he has produced a contract form which marked as Ext.A2. Ext.A2 shows that the date of booking was 22.9.2013 and the date of journey proposed was 9.2.2014 and the time shown was 8 a.m. According to the complainant, he had cancelled one bus on the next day itself. The main allegation of the complainant is that the buses booked with the first opposite party failed to reach on 9.2.2014 at 8 a.m. and that caused him much mental agony and he has to arrange buses from other travel agencies. The contention of the opposite parry is that the complainant has to pay Rs.28,000/- before commencing the journey and no payment was made by the complainant as per the terms of the contract. More over complainant cancelled one bus on 4.2.2014 and again tried to cancel two buses on 6.2.2014. According to the complainant on 9.2.2014 no buses reached at the spot as stipulated in the Ext.A2 contract form. No evidence adduced by the opposite party to prove the contention that the complainant cancelled the two buses on 6.2.2014. The further contention of the opposite party that the 4 buses were kept apart for the contract made with the complainant and several other offers for booking for those buses were not accepted and because of that they suffered substantial losses is also not proved by the opposite party. According to the complainant one bus was cancelled on the next day of the booking. Ext.A2 shows that the date of booking was 22.9.2013 and the opposite party has received Rs.10,000/- as advance and the complainant has to pay Rs.28,000/- towards the balance amount. As per the conditions in Ext.A2 contract form “_kvhmSI C\-¯n AS-bvt¡ apgp-h³ XpIbpw bm{X XpS-§p-¶-Xn\v ap¼p Xs¶ amt\-PÀ/I-IvSÀ/ss{UhÀ ssIhiw sImSp¯v ckoXv hmt§--Xm-Wv.” In the instant case no evidence adduced by the opposite party to prove that the buses were reached in time for going to the function. RW1 has no case that Ext.A2 was not issued by him. Hence the contention of the opposite party that the complainant has not made payment as per the terms of the contract is not sustainable. Failure on the part of the opposite party to arrange the buses in the wedding day for which the buses were booked amounts to defects and deficiency in service. The another allegation of the complainant is that due to the non delivery of the buses, he has to suffer much mental agony and financial losses. According to him he has to arrange two buses from Grace Tours and Travels, Chengannur and Anjali Travels, Kavumbhagam. PW2 is the Manager of Anjali Travels and PW3 is the owner of the Grace Tours and Travels. PW2 deposed before the Forum that complainant booked 4 vehicles including one bus of 49 seats, 2 travelers of 17 seats and one traveler for 14 seats on 9.2.2014 about 10.30 a.m. and paid full amount. Ext.A3 is the receipt issued by PW2. PW3 deposed before the Forum that complainant booked two buses on 9.2.2014 and he has received Rs.36,500/- towards rent and Ext.A4 was issued by him. Exts.A3 and A4 show that complainant has to pay more amount than he agreed to pay with the opposite party. On the wedding day, since the buses were not reached in time as agreed, the mental agony suffered by the complainant is so much. According to him all those who were invited by him had to wait for a long time awaiting the buses which he booked with the opposite party. In these circumstances the mental agony and disappointment suffered by the complainant can understood anybody which cannot be compensated in terms of money.
7. One of the contentions of the first opposite party is that he is an employee of the registered firm for a short duration and the firm is a necessary party in the complaint and he is not liable for the contract made with the complainant. Accordingly the firm was impleaded as additional 2nd opposite party. The additional opposite party filed version stating that the first opposite party is conducting the business from 2011 onwards and they have no connection with the complainant and they never authorized first opposite party or anyone to act on behalf of them. While cross examining PW1 he categorically stated that Ext.A2 was issued by the first opposite party. Complainant has no case that he has made contract with the 2nd opposite party. No document produced by the first opposite party to prove that he was a paid employee of the 2nd opposite party. Hence this Forum finds that the additional 2nd opposite party has no connection with the transaction in between the complainant and first opposite party. From the above discussion, we are of opinion that first opposite party alone is liable to compensate the complainant for the inconveniences, financial loss and mental agony caused to him.
In the result complaint is allowed. The first opposite party is directed to refund the advance amount of Rs.10,000/- to the complainant with 8% interest per annum from 22.9.2013 till realization to the complainant. The first opposite party is further directed to pay Rs.20,000/- (Rupees twenty thousand only) towards compensation and Rs.2,000/- (Rupees two thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me pronounced in open Forum on this the 31st day of October, 2016.
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - T.R. Ramachandran Nair (Witness)
PW2 - John Mathew (Witness)
PW3 - Manoj. P. John (Witness)
Ext.A1 - Wedding invitation letter
Ext.A2 - Contract form dated 22.9.2013
Ext.A3 - Receipt for Rs.21,000/-
Ext.A4 - Contract form dated 9.2.2014
Ext.A5 - Copy of the Advocate notice dated 14.2.2014
Ext.A6 - Returned letter with acknowledgement card
Ext.A7 - Postal receipt
Evidence of the opposite parties:-
RW1 - Sreenarayanan (Witness)
RW2 - Darsana Sujith (Witness)
Ext.B1 - Copy of the call details from BSNL Mobile Services, Kerala
Ext.B2 - Copy of the General Power of Attorney
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
