OFFICE  OF  THE  DISTRICT  CONSUMER  DISPUTES  REDRESSAL FORUM, KAMRUP,GUWAHATI

C.C.118/14

Present:-

                             1)Md.Sahadat Hussain, A.J.S.  -   President

                             2)Sri U.N.Deka -                           Member

Sri Susanta Kundu                                    -Complainant 

Ashirward Apartment, Flat-3D,

M.R.D.Road,Bamunimaidan,

Guwahati-781021                                                          

                           -vs-

1)      M/S Prime Cabs,                              -Opp.party

Represented by the Manager

152, Megha Plaza, 5^th Floor,

Basistha Chariali, Beltola,

Guwahati-781028

Appearance-        

                   Learned advocate Mr.Ajay Hazarika for the complainant

                   Date of argument-      3.6.2016

       Date of judgment-     17.6.2016 

EXPARTE JUDGMENT

This is a complaint u/s 12 of the Consumer Protection Act, 1986.

1.     The complaint filed by Sri Susanta Kundu against M/S Prime Cabs was admitted on 27.11.14 and notices was served on them, but they defaulted to appear, and hence, this forum, vide order dated 17.11.15, directed that the case against the Opp.Party will proceed on exparte. Thereafter, the complainant filed his affidavit and his counsel  ld advocate Mr.Ajay Hazarika filed written argument on 3.6.16 and also forwarded his oral argument on that day. Today, we deliver our judgment, which is as below-
2.        The case of the complainant is that he booked a cab vide Cab No. 3035-AS-01-EC, of  Prime Cabs, Cabbi Dhanjyoti Rabha on 30.9.14 for their journey ( he and his wife) from  Bamunimaidan  to Guwahati Airport on 1.10.2014 to pick up them  at 11-00 A.M. sharp so as to avail the flight of Indigo Air Service  from Guwahati to Delhi at 1.25 p.m., but on the scheduled day  the cabbi assured him to pick up him in right time, on repeated enquiry, but he most negligently reached  43 minutes late, due to which  he and his wife  missed the flight of Indigo Air incurring heavy loss in purchasing new tickets by paying Rs.43,580/- in the flight of Spice Jet. Then he sent E.mail message to the Opp.Party to compensate him but they did not respond to his request and hence he prays for directing the Opp.Party to pay his Rs.99,000/- as compensation.
3.       We have perused evidence of  P.W.1 and found that he states in evidence that on 30.9.14 he booked a Cab of M/S Prime Cab for travelling from Bamunimaidan to Guwahati Airport on 1.10.14 at 11 A.M. for getting the scheduled flight of  Indigo  and the booking  was confirmed by the Opp.Party vide SMS dtd. 1.10.2014 At 10-30 giving Cab No. 3035/AS01 EC, Cabbie Sri Dhanjyoti Rabha, Mobile No. 8134943520 assuring timely arrival of the cab at pick up point and on 1.10.2014 he contacted the cabbie several times and each time he assured him of reaching within 2/3 minutes, but he reached the pick up point (Bamunimaidan) at 11.43 A.M. i.e. late by 43 minutes while the scheduled flight was 1.25 p.m. by Indigo Air Service ; and he along with family  members boarded the cab and proceeding to the airport , but arrived the airport at 12-55 p.m. and thereby missed the scheduled flight of Indigo Air Service.  From Ext.1, it is clear that the complainant travelled in the cabbie in the cab No. 3035 AS 01 EC of the Opp.Party on 1.10.2014 which had left Bamunimaidan at 11.43 A.M., but arrived guwahati airport at 12-55 p.m. From Ext.2, it is seen that the complainant  alongwith  the family members was to travel from Guwahati Airport to New Delhi on 1.10.14 vide Indigo Flight No.6 E 1208, which was scheduled to take off at 1.25 p.m. Thus, it is clear that the complainant booked the cab of the Opp.Party,  No. 3035 AS 01 EC Cabbie Sri Dhanjyoti Rabha, Mobile No. 8134943520 to travel from Bamunimaidan to Guwahati Airport on 1.10.2014 at 10.23A.M., but on that day after repeated enquiry the cabbie assured him to arrive the pick up point at due time, but the cab arrived the pick up point at 11-43 A.M., late by 43 minutes and they arrived Guwahati Airport at 12-55 P.M. and thereby missed the flight of Indigo Airline . This fact is also supported by his wife Ms Sangita Kundu by giving similar statement in his evidence. This fact is also supported by another witness Sri Giri Sankar Saikia ( P.W.3).
4.       The complainant  (P.W. 1) in his evidence further states that as he had failed to catch the flight of Indigo Airline he had to purchase ticket in the flight of Spice Jet paying  additional amount of  Rs. 43,580/- for three persons in Spice Jet flight No. SG 885. After perusing the Ext.3 it is found that on 1.10.2014 the complainant purchased a ticket from Spice Jet for travelling from Guwahati to Delhi on 1.10.2014 in Spice Jet flight No. SG 885 and that flight left guwahati airport at 1.20 P.M. and was to arrive Delhi at 5.05 P.M.  From boarding pass of Spice Jet flight No. SG 885, it is found that, the complainant and his wife boarded the said flight at 2.30 P.M. and this fact shows that due to late arrival of cab of the opp.party to pick up the complainant and his wife from Bamunimaidan caused delay in arrival in Guwahati Airport, and thereby they missed the Indigo flight No.6E 128 which left Guwahati Airport at 1-25 P.M. and being compelled they immediately purchased ticket in Spice Jet flight No. SG 885 which was to leave Guwahati Airport at 2.30 p.m. and they also boarded the said flight and travelled to Delhi. From Ex.2 (the ticket of Indigo) it is found that total price of the ticket was 10,428/- and thus, the complainant has lost that amount and purchased ticket in Spice Jet flight No.SG 885 at a price of Rs.43,580/-. Thus, it is clear that due to negligence of Opp.Party the complainant had to travel in Spice Jet flight paying the price of Rs.43,580/- meaning thereby they had paid excess amount of Rs.33,152/- in the ticket and therefore the Opp.Party is liable to pay the complainant the said excess amount. Secondly , due to failure of the Opp.Parties the complainant got harassed and suffered from mental agony, and therefore, the Opp.Party side is to pay Rs.5,000/- as compensation for causing harassment and mental agony, to the complainant ; and  thirdly, for no fault of them the complainant had to prosecute the Opp.Party  incurring a good sum, and hence Opp.Party is liable to pay atleast Rs.5,000/- as the cost of the proceeding.
5.       In view of above discussion and findings , the complaint against M/S Prime Cab, Represented by the Manager 152, Megha Plaza, 5^th Floor,Basistha Chariali, Beltola, Guwahati- 28, is allowed on exparte and accordingly the opp.party is directed to pay to the complainant Rs.33,152/- which is the excess amount the complainant had to bear in purchasing the tickets in the flight of Spice Jet Co.Ltd. along with the interest @ 12% per annum from the date of filing of the complaint ( 27.11.2014) and also to pay the complainant Rs.5,000/- as compensation and Rs.5,000/- as cost of proceeding, and they are directed to pay the amounts within  two months, and in default of which the other two amounts will also carry interest @ 12% per annum.

      Given under our hands and seal of this forum on this day 17^th june, 2016.

                  Free copies of judgment be delivered to the parties.

                                                                         (Md.S.Hussain)

                                                                               President

                                                                         (Mr.U.N.Deka)

                                                                              Member