Date of Filing:29.07.2019

Date of Order: 26.02.2020

BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE -  27.

Dated:  DAY OF 26^TH DAY OF FEBRUARY 2020

PRESENT

SRI.H.R. SRINIVAS, B.Sc., LL.B. Rtd. Prl. District & Sessions Judge And PRESIDENT

SRI D.SURESH, B.Com., LL.B., MEMBER

COMPLAINT NO. 1236/2019

V/s

ORDER

BY SRI.D.SURESH.MEMBER.,

        1.     This is the complaint filed under Section 12 of the Consumer Protection Act, 1986 against the opposite parties (hereinafter referred to as O.Ps) alleging deficiency in service in not providing the booked car  and for  compensation of Rs.1,00,000/- as compensation for all the inconvenience and  frustration, loss causedto the complainant.

2.     Brief facts of complaint are thatComplainant  had planned to attend business meeting  in  Hassan on 19.7.2019 by  self-driving the car of OP, for which, he entered in to an agreement with the Zoom Car i.e.,  OP h7ere  and paid Rs.1,164/- towards booking amount.  On the day of journey to  Hassan complainant  got message at 4.52am regarding  the location of the Maruti swift vehicle No.KA-03-G-6006.  After OP sent one more message that complainant DL is not approved. After this, representative of OP informed that the Car is stayed atat Om Steel RTO Road, near Yeshwantpur  whenthe complainant reached there, no car availableOP’s executive  gave   a vague reply. Due to not providing the car complainant schedule was interrupted The executive of complainant  made to wonder from one place to another place in search of the vehicle.    Hence complainant and his business partner were completely frustrated, due to misrepresenting  by the OP in  giving false information about the vehicle and  wasting his valuable and precious time.       

3.     On the day when the complainant booked the vehicle with the OP he had a business meeting with  client at Hassan around 12 noon.  He was  very much in need of vehicle to attend the meeting.  He could not get the car from OP  Later executive of OP informed  that one more car is available at VaishnaviCinema and complainant took an auto immediately to go to pick the car, for which he paid extra charge to reach the location.   When the complainant reached to the location he could not find any car there.  Thus, complainant was terribly frustrated Ultimately complainant could  trace the car with the help of his wife. After finding the car he found that the car was unlocked. Than complainant took photos of the car and the executive of the OP asked the complainant to read the dash board and also the kilometer and other readings.   After all the exercisewere made by the complainant, when he sat in the car and tried to start the vehicle, it never started and the complainant last his patience and informed the executive to cancel the booking.     

4. The service of is unprofessional hence he booked a private taxi to go to Hassan by paying more money  Due to inconvenience caused by the OP, complainant had to reschedule all his other meetings to next day and his  client  got frustrated. The very act of OPis unprofessional and unfair trade practice which amounts to deficiency of service on the part of the OPs.  Hence this complaint.

5.     Upon the service of notice, OP remained absent and placed exparte.

6.      In order to substantiate his case, complainant  has filed his affidavit evidence and documents. Heard the arguments. The following points havearise for our consideration:-

                   (1)   Whether the complainant has prove

deficiency in service on the part of the O.P?

(2)  Whether the complainant is entitled to

the relief prayed for in the complaint?

7.     Our answers to the above points are:-

POINT 1: In the Affirmative.

POINT 2: Partly in the affirmative

                For the following:

REASONS

POINT No.1:-

8.     On perusal of the pleadings of the complainant and the evidence placed on record, it is clear that the complainant had booked a car for self-drive from the OP on 18^th of July 2019 for 12 hours to attend a  meeting with his client at Hassan and paid Rs.1,167/- towards rental charges for the trip through State Bank of India Credit Card of his wife(Ex.P1). Meeting was fixed at about 12.30Pm. On 16.07.2019OP intimated the complainant on 19^th July 2019 at about 4.52 that they have arranged  aMaruti Swift car and  sent an intimation that DL of complainant is not approved and asked to resend clear copy.  Immediately complainant  sent the clear copy of DL which was approved. Thereafter as assured by the OP the vehicle was not found the spot where the OP mentioned the location.Further complainant made many efforts to get the car but OP utterly failed to provide service as agreed and kept in assuring to the same  which made the complainant lose his patience.  As promised to the client, he had to attend the  meeting scheduled in Hassan as there were many issues that needed to be discussed with the client.  The complainant wandered from one place to another in searching  the vehicle as directed by the OP.  However, the car was not available as per the requirement and the meeting could not take place The OP’s executive has treated the complainant in an unprofessional way and told him to cancel the booking at the end.   

9.     Further the complainant in his affidavit has stated   that OP has mislead him  by not providing the vehicle at right time and at the required location and by providing wrong information about the place and type of vehicle made him to suffer lot and such behavior of the OP has  caused  break his  business relation with his business partner. OP did not  provide the vehicle, complainant got a Tata Indica car from Varsha Tours and Travels by paying  Rs.4,500/- towards car fair + driver bata and his food expenses.

10.   E-mail correspondence produced before this Forum by the complainant clearly reveals that how OP and its executives have caused inconveniences and distress to the complainant and how the said meeting was important to the complainant. 

11.   In view of the above discussion, it makes clear that due to unprofessional, irresponsible attitude  and  act of OP,  forced the complainant and his partner to lose their precious time and also made their client to wait at the site office and to loose the business deal.   OP being service provider not only made the complainant to lose  business opportunity but also made to suffer lot along with his partner, mentally, physically and financially which amounts to deficiency of service and unfair trade practice.  Hence we answer POINT NO.1 IS IN AFFIRMATIVE.

POINT NO.(2):-

12.   In view of holding Point No.1 Affirmative, OP is liable to refund a sum of Rs.1,167/- which was  received  towards advance amount for booking car  by  OP, along with  interest at the rate of 12%  per annum on the said sum from the date of receipt of amount.   Further OP is also liable to pay Rs.4,500/- to the complainant which was spent by the complainant to get the service of car from the Varsha Tours and Travels.  Further the complainant has claimed compensation of Rs.1,00,000/- for all the disturbances, inconveniences, frustrations faced by the complainant and his partner.  No concrete evidence has been placed in that respect. Inspite of it, complainant suffered inconveniences,mental agony, physical strain and financial loss. Hence we are of the opinion that if a sum of Rs.3,000/- towards damages awarded to the complainant and Rs.2,000/- towards cost of proceedings and litigation expenses to be paid by OP would meet the ends of justice.   In view of the same, we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:

ORDER

1. Complaint is hereby allowed in part with cost.

2. OP i.e. M/s Zoom Car, represented by its CEO/relationship Manager/Authorized Signatory is hereby directed to pay a sum of Rs.1,167/- with interest at 12% per annum from the date of receipt of amount.  OP is also directed to pay a sum of Rs.4,500/- to the complainant which was spent by the complainant to engage another car from the Varsha Tours and Travels to go to Hassan.

3. Further OP is directed to pay Rs.3,000/- towards damages to  the complainant and Rs.2,000/- towards cost of proceedings and litigation expenses.

4.  The O.P is directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.

5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed corrected and then pronounced by us in the Open Forum on this 26^th FEBRUARY 2020).

MEMBER PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Payment details

Ex P2: Copy of the complaint to OP.

Ex P3: Copy of the email correspondences.

Ex P4: Copy of the refund initiated by the Op.

Ex P5: Copy of the screen shots.

Ex P6: Photograph of the car and the dash board.

Ex P7: Copies of Toll paid receipts.

Ex P8: Bill for hiring the taxi.

Ex P9: Copy of the license.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: -Nil-

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                        PRESIDENT

A*