ORDER
NUPUR CHANDNA, MEMBER
On 28/05/2014 the complainant had booked a Mercedes Benz Multi Excel Volvo bus for travelling from Delhi to Manali and a Volvo semi-sleeper bus for return journey from Manali to Delhi.
The said booking was for the trip from Delhi to Manali for 3/6/2014 and return journey was booked for 8/06/2014 for which complainant had paid the consideration amount of Rs. 7,025/- through credit card.
It is alleged by the complainant that on 3/6/2014 the OP had sent to pick up complainant and his family members a normal bus instead of Mercedez Benz Multi Excel Volvo bus, which was booked by the complainant. Complainant immediately raised his objections over phone and he was informed by Mr. Navneet i.e. OPno. 2 that this is the only bus available with them and he further promised that at the time of return journey , Mercedes Benz Multi Excel Volvo bus will be provided to the complainant.
On 8/6/2014 during return journey also the OP failed to fulfil his promise and sent a TATA normal bus to pick up the complainant and his family member. The complainant again raised his objection and rang up to Mr. Navneet and asked him as to why the promised bus was not sent? Mr. Navneet gave to the complainant phone number of his agent Mr. Shyam based at Manali. The agent replied that only this normal bus was available and complainant had to travel by it or arrange his own conveyance. Left with no option the complainant travelled from Manali to Delhi by a taxi spending Rs. 13,000/-. The complainant has alleged deficiency in service on the part of the OP and has filed the present complaint.
The Registered notice sent to the OP was not received back unserved and therefore service of notice was presumed to have been effected on the Ops. Since none had appeared for the Ops they were ordered to be proceeded with ex-parte.
In his ex-parte evidence the complainant has filed his own evidence by way of affidavit dated 15.4.2014.
We have heard argument advanced at bar and have perused the record.
The complainant has placed on record, the copy of his bus ticket. Copy of the photograph of the bus, copy of the credit card statement. Copy of legal notice which the complainant had sent to the Ops alongwith the courier and speed post receipt has also been placed on record. From the unrebutted testimony of the complainant as well as the document placed on record we are convinced that the story put forth by the complainant is true. The OP had failed to perform its part of the agreement and was guilty of deficiency in service to the complainant. We , therefore, direct OP1 as under:
- Pay to the complainant a sum of Rs. 7,025/- along with interest @ 10 % p.a. from the date of institution of this complaint i.e. 22.9.2014 till payment.
- Pay to the complainant a sum of Rs. 5000/- as compensation for the pain and agony suffered by the complainant which will include cost of litigation.
The OP1 shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. IF the OP1 fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule. File be consigned to record room.
Announced in open sitting of the Forum on.....................
