Tamil Nadu

South Chennai

CC/419/2014

M/s.R.Jaya Prakash - Complainant(s)

Versus

M/s.City Express Travels - Opp.Party(s)

M/s.K.Gangadaran

07 Jun 2016

ORDER

                                                                        Date of Filing :  08.08. 2014

                                                                        Date of Order :  07.06.2016.

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.419/2014

TUESDAY THIS  7^th DAY OF JUNE 2016

 

Mr. R. Jayaprakesh,

S/o. Ramachandran,

35/12, Shihvaji Street,

T.Nagar,

Chennai 600 017.                                                    ..Complainant

                                      ..Vs..

1.  City Express Travels,

Rep. by Mani,

C/o. Krishna Bakery & Sweets,

105, Main Road, Near Bus Stand,

Namakkal 637 001.

 

2. City Express Travels,

Rep. by  Branch Manager,

No.G/4, Sriji Majestic Complex,

Grand Floor, Omni Bus Stand,

Koyambedu,

Chennai 600 107.

 

3. City Express Travels,

Rep. by Branch incharge,

No.14, Shivaji Road,

Opp. Raju Hospital,

South Usam Road,

T.Nagar, Chennai 600 017.                                 ..Opposite parties.  

 

 

For the Complainant                  :   M/s. K.Gangadaran      

For the Opposite parties             :   Exparte   

 

                                                ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II  

1.     Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite parties  to pay a sum of Rs.60,000/- with interest being loss sustained by the complainant and also to pay a sum of  Rs.3,000/- as cost of the complaint to the  complainant. 

2.     Even after receipt of the notice from this forum in this proceeding, the opposite parties did not appear before this Forum and did not file any written version.  Hence the opposite parties were set exparte on  16.12.2014.

3.     Perused the complaint, and the documents Ex.A1 to Ex.A4  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant .   

4.       The complainant contended that he booked a bus ticket  of the opposite party  and by paying consideration of Rs.400/- vide ticket No.31 and seat No.17 was allotted to ply from Chennai to Trichy on 12.5.2014 and his reporting time at the pickup spot  at 10.45 p.m. on the schedule date.    It is stated that the complainant was on time in the place of pick up and waiting for more than an hour and contacted the branch in charge of the opposite party and the opposite party who has directed to go to Ashok pillar in other en-route.    Due to the ill-health of the complainant and having huge luggage he could not carry and go to Ashok pillar, the evasive direction and rude behavior of the opposite party left the complainant helpless.    Hence the complainant left without any travel on the schedule time and forced to shift his travel on the next day.  Accordingly the complainant had made his own arrangement by paying the train fare of Rs.100/- travelled by train and reached Trichy on 13.5.2014, where his engagements on his business are to be attended to.  Because of this delay he could not carry out the business deal what was fixed on the earlier date.    The negligent attitude of the opposite parties resulted in mental agony estimated Rs.10,000/- and loss of business Rs.50,000/-, he prays this forum to redress his grievance by directing the opposite party to pay Rs.60,000/-.  Hence the complaint.

5.     On perusal of the documents produced by the complainant it is proved that the opposite party had received a consideration of Rs.400/- being the fare to carry the passenger from Chennai to Trichy on 12.5.2014 wherein the opposite party failed to board the passenger in the schedule trip and not providing alternative trip to the passenger and made the passenger to suffer during the night hours, which had created mental agony and tension resulting in the passenger to take a decision to travel on the day trip on the next day.   

6.     Moreover the opposite parties  also failed to appear before this forum in order to defend their case even after receipt of notice and they remained  absent.  Hence decided as exparte.

 

7.     We judiciously feel that the mental agony caused to the complainant during the night hours with luggage and en-route to go back to his residence had created an additional expense.   Hence we direct the opposite parties  to repay Rs.400/- the cost of the ticket charge with interest at the rate of 9% p.a. from the date of his scheduled travel on 12.5.2014 to till the date of payment  and Rs.5,000/- as compensation  for mental agony and business loss.   The contention of claiming business loss of Rs.50,000/- could not be accepted,  Wherein no transaction took place in the business deal.    The opposite parties are also directed to pay a sum of Rs.2000/- as litigation charges to the complainant.

        In the result the complaint is partly allowed.  The opposite parties 1 to 3 are jointly and severally directed to repay a sum of Rs.400/- (Rupees Four hundred  only) towards the cost of the ticket charges with interest at the rate of 9% p.a. from 12.5.2014 to till the date of payment and also to pay a sum of Rs.5,000/- (Rupees five thousand only) as compensation for mental agony  and also to pay a sum of Rs.2,000/- (Rupees two thousand only) towards litigation charges to the complainant  within six weeks from the date of this order failing which the above compensation amount of (Rs.5,000/-) will carry interest at the rate of 9% p.a. from the date of this order to till the date of payment.  

            Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the    7^th    day of  June    2016.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainant’s side documents :

Ex.A1- 12.5.2014  - Copy of bus Ticket.

Ex.A2- 13.5.2014  - Copy of Train Ticket.

Ex.A3- 22.5.2014  - Copy of legal notice.

Ex.A4          -       -       - Copy of Ack. Card.

Opposite parties’  side documents :

..Nil..    (exparte)

 

MEMBER-I                        MEMBER-II                             PRESIDENT.