Tamil Nadu

South Chennai

CC/66/2015

M/s.V.Parameswaran - Complainant(s)

Versus

M/s.Fast Track Pvt Ltd - Opp.Party(s)

M/s.K.Ganesan

24 May 2022

ORDER

 

Date of Complaint Filed : 04.02.2015

Date of Reservation      : 04.05.2022

Date of Order               : 24.05.2022

 

                                                    DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                   : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                    :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,             : MEMBER II

 

CONSUMER COMPLAINT No.66/2015

TUESDAY, THE 24^th DAY OF MAY 2022

Mr. V. Parameswaran,

No.14, New No.40,

East Club Road,

Shenoy Nagar,

Chennai – 600 030.                                                                                                            ... Complainant                       

 

..Versus..

M/s Fast Track Pvt Ltd,

Represented by its Director,

234/236, Arcot Road, Kodambakkam,

Chennai – 600 024.                                                                                                       ...  Opposite Party

 

******

Counsel for the Complainant          : M/s K. Ganesan

Counsel for the Opposite Party       : M/s. V. Balaji

 

        On perusal of records and after having heard the oral arguments of the Counsel for the Complainant and the Counsel for the Opposite Party, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.10,800/- being the additional amount incurred by the Complainant and also pay a sum of Rs.5,00,000/- towards compensation for mental agony, physical strain and stress suffered by the Complainant and to pay a sum of Rs.5,00,000/- towards compensation for loss suffered by the Complainant along with cost.

2.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant Ex.A-1 to Ex.A11  were marked. The Opposite Party submitted his Proof Affidavit. On the side of the Opposite Party no document was marked.       

3.     The averments of Complaint in brief are as follows:-

        The Complainant respectfully submits that he is carrying business in the name and style of IMPEXX INTERNATIONAL and he has to often travel to many places regarding his business. In one such occasion, the Complainant had to travel to Raipur via Hyderabad for a business meet on 10.09.2014. The Complainant had his flight from Chennai to Hyderabad at 5.55 am on 10.09.2014 and to reach the airport on 10.09.2014. The Complainant called the Opposite Party around 8 am on 09.09.2014 to book taxi to drop him at the Airport. The Complainant has also explained clearly the pickup point, the destination, also the time and date of pickup to the opposite Party customer booking personnel, as required by the Opposite Party. The Complainant has clearly instructed the Opposite Party’s taxi to pick him at 4.30 am on 10.09.2014 from Shenoy Nagar to Chennai Domestic Airport. After the booking, the complainant had also received the booking confirmation along with the booking ID 71128 on 09.09.2014 at 8.12 am. On the morning of 10.09.2014, the complainant after waiting till 4.30 am and realizing that it was getting very late called up the Opposite Party customer care number to  find out about the status of the taxi. To the utter shock and dismay of the Complainant, the customer care person said that there was no booking made by the Complainant and hence they have not sent the taxi and also requested the Complainant to wait till they send another taxi. The said statement made by the Opposite Party contrary to their own confirmation message, sent to the complainant. The Complainant had no other choice but wait for another taxi and by the time he reached the airport his flight had already left and missed all the business engagements that day. As he could not reach the airport on time due to the gross negligence of the Opposite Party, he was forced to cancel his tickets which was non-refundable and also all his appointments in Raipur on that day. The Complainant also bought a new ticket for the following day and also postponed all his appointments. The Complainant has suffered mental agony and hardship besides huge financial loss in addition to the cancellation expenses and the tickets for the travel on the consecutive day. The Complainant immediately sent two emails both dated 10.09.2014 in reply to email dated 10.09.2014, sent by the Opposite Party, the Opposite Party had admitted their gross deficiency in service. The Complainant had also sent a email dated 19.09.2014, pointing out the inordinate delay on the part of the Opposite Party. The Complainant by his mail dated 22.09.2014, clearly informed the Opposite Party that the required documents had already been sent to the Opposite Party  and is yet to hear from them. Hence the complaint.

 

4.        Version filed by the Opposite Party in brief is as follows:-

        The opposite Party admits that at around 8.00 am on 09.09.2014 the Complainant booked the call taxi for his trip on 10.09.2014. The Opposite Party also sent confirmation message to the Complainant. Due to break down of system the entire system booked on 09.09.2014 has been completely erased in the system. Hence the Opposite Party is not in a position to send the taxi on 10.09.2014 to the Complainant. The Complainant has given E-mail to Opposite Party regarding the cancellation of his trip to the Hyderabad. The Opposite Party requested the Complainant to send original cancelled ticket enabling them to process the claim at their end. They are not in a receipt of original  cancelled ticket. In such circumstances deficiency cannot be attributed against the Opposite Party. Hence the Opposite Party is not liable for alleged loss or consequential mental agony suffered by said alleged loss. Therefore prayed to dismiss the  complaint.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

6.    Point No.1:-

        The Complainant had booked taxi on 09.09.2014 with the Opposite Party to drop him at the Airport and the booking was confirmed in ID 71128 on 09.09.2014 at 8.12 am (as per Ex.A-3) by the Opposite Party. The booking of taxi was made by the Complainant with clear instruction to the Opposite Party to pick him at 4.30 am on 10.09.2014 from Shenoy Nagar to Chennai Domestic Airport in order to take a flight from Chennai to Hyderabad at 5.55 A.M on 10.09.2014 as seen from Ex.A-1. However the Opposite Party did not arrive till 4.30 am and it was contended when the Complainant enquired at 4.30 am, the customer care person of Opposite Party said that no such booking was made, hence the taxi was not sent and the Complainant was made to wait till the Opposite Party send another taxi, and the Opposite Party sent their taxi only at 4.55 am and hence he could not reach in time and missed the flight and all his business engagements that day.

        The Opposite Party had admitted that the Complainant had booked the taxi on 09.09.2014 for his trip on 10.09.2014 and had also sent a confirmation message to the Complainant. But due to break down of system, bookings made on 09.09.2014 has been completely erased. Hence the Opposite Party was not in a position to send taxi on time on 10.09.2014. The Opposite Party had sent a mail on 10.09.2014 which is Ex.A-4 seeking apology for not sending the cab on time and requested to provide the connected flight ticket for refund. As per Ex.A-4 to Ex.A-10, there were exchange of mail communications between the Complainant and the Opposite Party which would reveal that the Opposite Party had not sent their taxi on time to the Complainant and the Complainant had missed the flight and that the Opposite Party had agreed to compensate the Complainant. Though the Complainant had produced all the documents required by the Opposite Party, the Opposite Party is yet to give any compensation to the Complainant. Ex. A-11 is the legal notice sent on behalf of the Complainant which was duly served on the Opposite Party. But the Opposite Party did not respond.

        The Complainant has placed reliance on the order passed by the Hon’ble Supreme Court in S.L.P  (c) No.13288 of 2021, Northern Western Railway and another Vs Sanjay Shukla, wherein it was held that in the absence of any evidence to explain the delay, there was deficiency in service and the Railway was liable to pay the compensation to the Complainant for the loss and agony suffered. In this case at hand, though the Opposite Party has stated that due to break down of system, bookings on 09.09.2014 were completely erased and was not in a position to send the taxi on 10.09.2014 to the Complainant, no evidence was given about the system failure on 09.09.2014, explaining the delay in sending taxi to the Complainant, hence it is a clear case of admission of deficiency in service on the part of the Opposite Party. Therefore, the Opposite Party has committed deficiency in service by not providing taxi as booked by the Complainant which led to missing of flight by the Complainant. Accordingly point No.1 is answered.

7.    Point Nos 2 and 3 :-

        As discussed and decided in Point No.1, the Complainant is entitled for compensation on the deficiency of service committed by the Opposite Party and therefore, the Opposite Party shall pay a sum of Rs.10,800/- being the additional amount incurred by the Complainant. Further, the Opposite Party shall pay a sum of Rs.10,000/- for the mental agony suffered by the Complainant along with cost of Rs.5000/-. Accordingly, point Nos. 2 and 3 are answered.

        In the result the complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.10,800/- (Rupees Ten Thousand Eight Hundred only) being the additional amount incurred by the complainant and to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) for the mental agony suffered by the Complainant. Further it is directed to pay a sum of Rs.5000/- (Rupees Five Thousand Only) towards litigation expenses.

          The Opposite Party shall pay the above amounts within 8 weeks from the date of this order, failing which the complainant is entitled to recover the same along with interest @ 9% per annum from the date of this order till the date of realization.

          In the result, the complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on  24^th of May 2022.  

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                          PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	07.09.2014	Air Tickets (onward)
Ex.A2	07.09.2014	Air Ticket (Return)
Ex.A3	09.09.2014	Confirmation Booking Message sent by the Opposite Party
Ex.A4	10.09.2014	Mail from the Opposite Party and followed by reply mail from the complainant
Ex.A5	10.09.2014	Mail from the complainant to Opposite Party
Ex.A6	15.09.2014	Mail form the Complainant enclosing the documents as required by Opposite Party
Ex.A7	17.09.2014 & 19.09.2014	Mail from the Complainant to Opposite Party
Ex.A8	19.09.2014	Reply from Opposite Party
Ex.A9	20.09.2014	Reminder from the Complainant to Opposite Party
Ex.A10	-	Invoice for the Tickets
Ex.A11	28.011.2014	Legal notice issued by the complainant to Opposite Party with Acknowledgement card.

 

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT