Tamil Nadu

South Chennai

CC/355/2014

M/s.Thangadurai.S - Complainant(s)

Versus

M/s.NIL Taxi Pvt Ltd., - Opp.Party(s)

R.Chandrasekar

13 Dec 2018

ORDER

                                                                        Date of Filing  : 04.08.2014

                                                                          Date of Order : 13.12.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

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

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

 

C.C. No.355/2014

DATED THIS THURSDAY THE 13^TH DAY OF DECEMBER 2018

                                 

Mr. Thangadurai,

S/o. Mr. Senthur Pandian,

Old No.25, New No.53,

III Main Road, Raja Annamalai Puram,

Chennai – 600 028.                                                      .. Complainant.                                                  

 

        ..Versus..

 

NTL Taxi Pvt. Ltd.,

Represented by its Manager,

No.11/2, Muthaiyal Street,

Alandur,

Chennai – 600 016.                                                 ..  Opposite party.

          

Counsel for complainant      :  M/s. R. Chandrasudan

Counsel for opposite party  :  M/s. A. Palaniappan & another

 

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 praying to compensate the loss of Rs,14,484/- towards the train ticket fare booked under Tatkal service being PNR Nos.4610638182 and 4817739465 on account of not sending the cab as assured by the opposite party and to pay a sum of Rs.5,00,000/- towards compensation for physical and mental agony with cost to the complainant.

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

The complainant submits that he booked a Tatkaal ticket for 4 members to travel in Pearl City Express to go to Tutucorin.  The scheduled time for the train on 28.06.2014  is at 19.15 hours.  In order to reach the railway station, the complainant booked a Mahindra Xylo car, the opposite party’s taxi service from Raja Annamalai Puram to Egmore for due pick up at 18 hours sharply.   The opposite party also, confirmed the booking and registered as I.D. A14062800105527.  The opposite party assured that the vehicle will be sent to the complainant’s address at sharp 18 hours and sent an sms to the complainant along with the mobile Number 8344380063 of driver of the cab No.TN 18 Q 4494.   The complainant submits that they are waiting for the cab sharp from 06.00 PM onwards.   The driver of the cab also informed that he will be within 15 minutes.  The complainant explained the urgency of catching the train once, again but the driver and the cab not turned up till 18.30 hrs. Hence, the complainant arranged another alternative arrangement and reached Egmore Railway Station at 19.55 hours.  By that time, the Pearl City Express left the station resulting the loss of the ticket fare of  Rs.14,484/-.  The complainant submits that a notice dated:09.07.2014 was issued to the opposite party for which, there is no response.  The act of the opposite parties caused great mental agony.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    It is an admitted fact that the complainant had booked the car seeking for pickup and drop from Raja Annamalaipuram to Egmore.  The opposite party states that he had assigned a car which is evidenced by an intimation by SMS to  the complainant’s mobile No.83443880063 and that a driver and a specified car bearing Registration No.TM 18 Q 4494 was also assigned would clearly establish that the opposite party had acted in response to the aforesaid request of car booking.  The allegation of the complainant that he had made all travel arrangements and started to avail for Taxi sharply at 6.00 p.m. onwards and that he had called the driver and the claim that the driver had assured to reach within 15 min and that the complainant and his family members were waiting for the car would at the first instance established that the opposite party had reacted to the aforesaid booking of car and the driver was also assigned in this behalf.  The allegation that the complainant had waited till 18.30 hours and since no update from the opposite party or the driver, the complainant had made several attempts to get the driver number and that he had not bothered to attend the call are all imputed for the purpose of the notice under reply.  Further the SMS which is processed is sent by way of a request call to all the drivers in the vicinity of the area at that point of time for the purpose of executing the aforesaid booking.  The claim of the complainant that the opposite party shall tender an unconditional apology for not sending the cab as assured by the opposite party and for the agony and monetary loss are unfounded.   Therefore, there is no deficiency in service on the part of the opposite party and hence the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Eventhough sufficient time is given the opposite party has not come forward to file his proof affidavit within the stipulated time and hence it is concluded as ‘No Proof Affidavit on the side of the opposite party. 

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.14,484/- towards the ticket fare as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony with cost as prayed for?

5.      On point:-

The opposite party has not filed any proof affidavit to prove the contentions raised in the written version.  The complainant filed proof affidavit, documents, arguments etc.  The complainant pleaded and contended that he booked a Tatkaal ticket for 4 members to travel in Pearl City Express to go to Tutucorin.  The scheduled time for the train on 28.06.2014  is at 19.15 hours as per Ex.A1, ticket.  In order to reach the railway station, the complainant booked a Mahindra Xylo car, the opposite party’s taxi service from Raja Annamalai Puram to Egmore for due pick up at 18 hours sharply.   The opposite party also, confirmed the booking and registered as I.D. A14062800105527 .  The opposite party assured that the vehicle will be sent to the complainant’s address at sharp 18 hours and sent an sms to the complainant along with the mobile Number 8344380063 of the driver the cab No.TN 18 Q 4494 as per Ex.A3 which is admitted in the written version para Nos.3 & 4 which reads as follows:

“The fact that the complainant had booked the car on seeking for pickup and drop from Raja Annamalaipuram to Egmore is admitted.  The further claim of the complainant that the booking was made by the complainant and was assigned a booking ID A 1406 2800 105527 and that the aforesaid booking was properly followed by the opposite party and a car was also assigned for the purpose of picking and dropping in terms of the complainant request and all mater of record.  The opposite party states that in the aforesaid process, the opposite party had assigned a car which is evidenced by an intimation by SMS to your the complainant’s mobile No.83443880063 and that a driver and a specified car bearing Registration No.TM 18 Q 4494 was also assigned would clearly establish that the opposite party had acted in response to the aforesaid request of car booking by your client”. 

6.     Further the contention of the complainant is that they are waiting for the cab sharp from 06.00 PM onwards.   The driver of the cab also informed that he will be within 15 minutes.  The complainant explained the urgency of catching the train once, again but the driver and the cab not turned up till 18.30 hrs. Hence the complainant arranged another alternative arrangement and reached Egmore Railway Station at 19.55 hours.  By that time, the Pearl City Express left the station resulting loss of the ticket fare of  Rs.14,484/- and the purpose of travel.  The act of the opposite party and its driver is a total deficiency in service.  Further the contention of the complainant is that a notice dated:09.07.2014 was issued to the opposite party for which, there is no response.  Hence the complainant was constrained to file this case claiming refund of the ticket fare and compensation.  The opposite party has not filed any proof affidavit and documents to prove the various flimsy contentions raised in the written version admitting the booking of the cab and committed default in pick up etc.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a compensation of Rs.15,000/- towards mental agony with  cost Rs.5,000/-.

In the result, this complaint is allowed in part.   The  opposite party is directed to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 13^th day of December 2018. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	27.06.2014	Copy of electronic reservation ticket PNR No.4610638132
Ex.A2	28.06.2014	Copy of electronic reservation ticket PNR No.4817739465
Ex.A3	28.06.2014	Copy of SMS sent by the opposite party
Ex.A4	07.07.2014	Copy of legal notice issued by the complainant’s Counsel along with the postal receipt
Ex.A5	10.07.2014	Copy of acknowledgement card
Ex.A6	08.07.2014	Copy of legal notice sent through email

 

OPPOSITE  PARTY SIDE DOCUMENTS:- No Proof Affidavit

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT