Tamil Nadu

South Chennai

CC/282/2018

Mr. N. Venkata Subramanian - Complainant(s)

Versus

M/s Uber India Systems Pvt Ltd. - Opp.Party(s)

M/s C K Suresh

22 Nov 2019

ORDER

                                                                                 Date of filing  : 09.07.2018

                                                                                   Date of Order : 22.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.282/2018

DATED THIS FRIDAY THE 22^ND DAY OF NOVEMBER 2019

                                 

Mr. N. Venkata Subramanian,

S/o. Mr. N. Natarajan,

Plot No.12, Door No.3, Nandhi Nagar,

Keelkattalai,

Chennai – 600 117.                                                       .. Complainant.                                                       

..Versus..

 

M/s. UBER INDIA SYSTEMS PVT. LTD.,

Represented by its Director,

No.1B, 1^st Floor Nawazish New No.6,

No.30, Khader Nawaz Khan Road,

Srirampuram,

Nungambakkam,

Chennai – 600 006.                                                  ..  Opposite party.

 

Counsel for the complainant :  M/s. C.K. Suresh & another

Opposite party                       :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.70,227/- together with interest at the rate of 12% p.a. and to pay a sum of Rs.5,00,000/- towards compensation for mental agony and pain with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he booked the opposite party’s Uber Cab on 12.02.2018 to go Airport on 13.02.2018.  The opposite party also confirmed the booking on 03.10 a.m. on Tuesday i.e. 13.02.2018.  The driver’s name is given as Mr. Saravanan, Mobile No.75023 81898.  The complainant submits that he called the cab driver, Mr. Saravanan repeatedly and confirmed the trip.  The driver, Mr. Saravanan also told that he will come within 5 minutes for pick up to Airport.  But the driver has not turned up.   The complainant submits that he was compelled to have an alternative arrangement and went to the Airport.  But the Airlines has not permitted to enter into the checked in baggage since, the complainant was late.  Thereby, the complainant sustained a loss of Rs.23,635/- and a sum of Rs.10,000/- towards hotel booking charges.  

2.     The complainant submits that since the Uber Cab has not picked up the complainant, he was compelled to book the ticket on the next day.  Due to stress and pressure he booked ticket wrongly for 13.07.2018.   Thereby, he sustained a loss of Rs.16,592/-.  The complainant submits that after such great troubles the complainant had the trip to Mumbai on 14.02.2018.   Since the Uber Cab was defaulted, the complainant sustained huge loss and damages.  The complainant submits that he issued notice dated:09.03.2018 to the opposite party.  The opposite party acknowledged the receipt of the same but failed to comply with the complainant’s demand.   The act of the opposite party caused great mental agony and inconvenience to the complainant.  Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite party has not been appeared before this Forum and hence, the opposite party was set ex-parte.

4.     Though the opposite party remained Ex-parte, this Forum is to dispose off this compliant fully on merits with available materials evidences before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as their evidence, and also documents Ex.A1 to Ex.A8 are marked.  

6.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.70,227/- with interest at the rate of 12% p.a. towards the loss of air ticket fare and hotel booking amount as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for deficiency in service, mental agony etc with cost of Rs.5,000/- as prayed for?

7.      On point:-

The opposite party after receipt of notice has not appeared in this Forum and remained ex-parte. The complainant filed proof affidavit, documents and written arguments. Perused the records namely; the complaint, proof affidavit and documents.  The complainant pleaded and contended that he booked the opposite party’s Uber Cab on 12.02.2018 to go Airport on 13.02.2018.   The opposite party also confirmed the booking on 03.10 a.m. on Tuesday i.e. 13.02.2018 as per Ex.A4.  The driver’s name is given as Mr. Saravanan, Mobile No.75023 81898.  The complainant further contended that he called the cab driver, Mr. Saravanan repeatedly and confirmed the trip.  The driver, Mr. Saravanan also told that he will come within 5 minutes for pick up to Airport.  But the driver has not turned up.  But the complainant has not produced any record to prove such booking of Uber Cab for going to the Airport.  Further the contention of the complainant is that he was compelled to have an alternative arrangement and went to the Airport.  But the Airlines has not permitted to enter into the checked in baggage since, the complainant was late. Thereby, the complainant sustained a loss of Rs.23,635/- and a sum of Rs.10,000/- towards hotel booking charges.   Ex.A1 to Ex.A3 & Ex.A5 are the Air tickets and invoices issued by the hotel.  But on a careful perusal of records, there is no evidence to prove that the said Air tickets were cancelled and the refusal of payment of hotel booking charges. 

8.     Further the contention of the complainant is that since the Uber Cab has not picked up the complainant, he was constrained to book the ticket on the next day.  Due to stress and pressure he booked ticket wrongly for 13.07.2018.  Thereby, he sustained a loss of Rs.16,592/- as per Ex.A3.  Further the contention of the complainant is that after such great troubles the complainant had the trip to Mumbai on 14.02.2018 as per Ex.A2 Air ticket.   Since the Uber Cab was defaulted, the complainant sustained huge loss and damages.  But the complainant has not produced any iota of evidence to prove that he booked Uber Cab and the driver of the Uber Cab switched off his phone and cancelled the trip.   Further the contention of the complainant is that he issued notice dated:09.03.2018 as per Ex.A7 to the opposite party.  The opposite party acknowledged the receipt of the same but failed to comply with the complainant’s demand. Hence, the complainant is constrained to file this case.  Considering the facts and circumstances of the case, this Forum is of the considered view that the complainant has not filed any document to prove the booking of Uber Cab and thereafter confirmation of Uber Cab and cancellation of Uber Cab.  Equally, the complainant has not produced any document to prove the cancellation of Air tickets showing loss.  Hence, this Forum is of the considered view that this complaint has to be dismissed.  

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	13.02.2018	Copy of Air ticket
Ex.A2	14.02.2018	Copy of Air ticket
Ex.A3	13.07.2018	Copy of Air ticket
Ex.A4	13.02.2018	Copy of booking confirmation from the opposite party
Ex.A5	13.02.2018	Copy of hotel invoice
Ex.A6	13.02.2018	Copy of mail from hotel
Ex.A7	09.03.2018	Copy of legal notice by the complainant to the opposite party
Ex.A8	17.03.2018	Copy of track consignment

                             

 

 

MEMBER                                                                                                                                                                   PRESIDENT