DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

Dated this the 28^th day of January 2023

Filed on: 08.07.2015

PRESENT

Shri.D.B.Binu President

Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member

C.C. No. 454/2015

COMPLAINANT

1) N.Sivasubramanian, S/o.A.S.Narayanan, residing at ‘Lakshmi Nilayam”, TMC 2/1170, Third Street, Hari Nagar, Punkunnam P.O., Thrissur,
Pin-680 002

2) N.Lakshmi, D/o.A.S.Narayanan, residing at “Lakshmi Nilayam, TMC 2/1170, Third Street, Hari Nagar, Punkunnam P.O., Thrissur, Kerala,

Pin-680 002

(By Adv.George Abraham Pachayil Lawyers Commune Raja Arcade, Pulleppady Junction, Ernakulam-35)

Vs.

OPPOSITE PARTIES

1) M/s.Maruthi Travels, A7, Omni Bus Stand, Sakthi Main Road, Coimbatore, Tamil Nadu, Pin-641 012

(O.p 1 rep. by Adv.A B Jaleel, Choolakkaparamb Lane, Kombara, Kochi-682 018)

2) M/s.Redbus, having its Branch office at Redbus No. 86, 9B Beside Muthoot Securities, Ashirwad Building, Opposite DD Vyapar Bhavan, KP Vallon Road, Kadavanthra, Cochin-20, Rep. by its Chief Executive Officer

3) The Chief Executive Officer, M/s.Redbus, having their registered office at Third Floor, Karle Premium, # 1 Old Airport Road, Opposite Manipal Hospital, Kodihalli, Bangalore, Karnataka, Pin-560 008

(O.p2 and 3 rep. by Adv.P.Fazil, Adv.Jayasree Manoj, Adv.Jithin Pail Varghese, Lawyers United, 1^st Floor, Building No.68/1697, St.Benedict Road, Ernakulam, Kochi-682 018)

F I N A L O R D E R

V.Ramachandran, Member

1) A brief statement of facts of this complaint is as stated below:

This complaint is filed by Sri.N.Sivasubramanian and N.Lakshmi the address of whom are as furnished in the complaint. The 1^st opposite party is a tourist bus service provider and the 2^nd opposite party is the online bus booking agent. The 3^rd opposite party is the chief executive officer of the 1^st opposite party.

The substance of the complaint is that the complainants had booked their tickets for travelling from Thrissur to Chennai in the bus operated by the 1^st opposite party through the 2^nd opposite party on payment of Rs.4,400/- for two persons on 17.01.2013 for the purpose of journey on 18.01.2013. The boarding point of the bus was Mannuthy Bypass and the complainants had arrived at the aforesaid boarding point in time. They had booked their tickets for travelling in an air conditioned bus whereas the bus arranged by the opposite parties for the complainants was a non A/c. bus. When the complainant contacted the Manager of the 1^st opposite party and complained about the matter, he promised the complainants that he will arrange the A/c bus for the complainants from Palakkad to Chennai and requested the complainants to catch the bus to Palakkad. Accordingly, the complainants reached at Palakkad but the A/c bus as promised by the opposite party did not come. The complainants had suffered miseries and hardships due to the inconvenience made by the opposite parties. Finally the opposite parties sent a Maruthi Omni van for picking up the complainants from Palakkad to Chennai. The complainants reached Chennai at 10.00 AM. The complainants stated that they are students and the 1^st complainant missed an important test conducted by the college for assessing internals of Semester II. The 2^nd complainant lost her coaching class in the institute of Management for Chartered Accountancy. Eventhough the complainants had contacted the opposite parties on different occasions they did not attend the requests of the complainants and therefore the complainants filed this complaint before this Commission seeking relief for getting orders directing the opposite parties to refund the amounts paid by the complainant along with compensation.

2) Notice

Upon notice from this Commission, the 2^nd and 3^rd opposite parties appeared before this Commission and filed their joint version. The 1^st opposite party had received the notice sent from this Commission but had not appeared and filed their version.

3) Version of the 2^nd and 3^rd opposite parties

In the version of the 2^nd opposite party they have stated that they do not have any responsibility in the matter since they are only an online portal agency and they are not responsible to answer to any of the drawback occurring from the side of the tour bus operators. It is stated that the complainants had booked the bus tickets for travelling form Thrissur to Chennai on 18.01.2015 after fully knowing well about the terms and conditions. The 2^nd and 3^rd opposite parties had provided their services as an agent of the bus operator which is limited to issuance of ticket, providing refund in case of cancellation and providing customer support and information available to it. Hence the 2^nd and 3^rd opposite parties are in no way responsible to pay compensation to the complainants. In the instant case

4) Evidence

The complainant produced documents Exbt.A1 to A4 and the opposite parties produced Exbt.B1. The complainants were examined in box and their depositions are recorded.

Exbt.A1 is the e-ticket showing that the complainants had paid an amount of Rs.4,400/- to the opposite party for their travel from Mannuthi to Chennai on 18.01.2015. Exbt.A2 is the letter sent by the complainant to the opposite parties asking for some details. Exbt.A3 is the postal receipts. Exbt.A4 is the schedule issued by the VIT University.

Opposite parties documents marked as Exbt.B1.

Exbt.B1 is copy of the terms and conditions provided by the 2^nd opposite party -the Bus operator.

5) The following are the main points to be analysed in this case:

(1) Whether the complainant has experienced any deficiency of service or unfair trade practice from the side of the opposite party?

(2) If so, whether the complainants are entitled to get any reliefs?

(3) costs of the proceedings?

6) Point Nos. (1) to (3)

On verification of the documents produced from either side and also perusal of depositions recorded, it is seen that the complainant had booked e-ticket for their travel from Mannuthi by pass to Chennai on 18.01.2015 and paid an amount of Rs.4,400/- for 2 tickets. The opposite parties had not denied in their version that the complainants have not booked an air-conditioned bus for their travel. Moreover, the 1^st opposite party eventhough acknowledged the notice from this Commission had not turned up to contest the case. The 2^nd and 3^rd opposite parties filed their joint version and denied their responsibility and stated that responsibility of the 2^nd opposite party is that they are providing support in case if there is any inconvenience caused to the passengers. Obviously, the 1^st opposite party had failed to discharge their duties as promised by them and thereby committed deficiency in service and unfair trade practice. The 2^nd opposite party also cannot wash their hand since they are also duty bound to provide proper assistance and support in the case of inconvenience if any caused to the travellers. It is very clear that the complainants had undergone deficiency in service and unfair trade practice from the side of the opposite parties.

Therefore the following orders are issued.

1) The opposite parties shall refund the amount of Rs.4,400/- with interest being the fare paid by the complainants to the opposite party @5.5% from 18.01.2015 to the date of realization to the complainants.

2) The opposite parties shall pay an amount of Rs.10,000/- as compensation to the complainant for the inconvenience, hardships and deficiency of service caused by the opposite parties to the complainants.

3) The opposite parties shall also pay an amount of Rs.5000/- to the complainants as cost of the proceedings.

4) The liability of the opposite parties shall be joint and several.

The above orders shall be complied with, within 30 days from the date of receipt of this order.

Pronounced in the Open Commission on 28^th day of January 2023.

Sd/- V.Ramachandran, Member

Sd/-

D.B.Binu, President

Sd/-

Sreevidhia.T.N, Member

Forwarded/by Order

Assistant Registrar

Appendix

Complainant’s Evidences

Exbt.A1:: copy of e-ticket booked by the complainants dated 18.01.2015

Exbt.A2:: copy of letter sent by the father of the complainants to the opposite parties on 30.01.2015.

Exbt.A3 : postal acknowledgement

Depositions :

PW2 :: As.Narayanan.