Tamil Nadu

North Chennai

CC/130/2017

D.Ayyarsamy - Complainant(s)

Versus

M/s.Red bus ,M/s.Parveen Travels rep by its manager - Opp.Party(s)

M/s.G.Ganesh Kumar ,P.G. Rajasri

13 May 2019

ORDER

 

                                                            Complaint presented on:  01.09.2017

                                                               Order pronounced on:  13.05.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

MONDAY  THE 13^th   DAY OF MAY 2019

 

C.C.NO.130/2017

 

D.Ayyarsamy,

S/o.Durairaj,

No.220A/9^th Street,

Viduthalai Nagar,

S.Kolathur,

Chennai – 600 129.

                                                                                        …..Complainant

 ..Vs..

1.M/s.Red Bus,

Rep by its Manager,

Plot No.2, First Floor,

Rathnapuri Layout,

Koyambedu, Chennai – 600 107.

(Land Mark: Next to Kotak Mahindra Bank).

 

2.M/s.Parveen Travels,

Rep by its Manager,

AB Towers,

#148, Perambur  Barracks Road,

Purasawalkam,

Chennai – 600 007.

Tamil Nadu, South India.

 

.....Opposite Parties

Date of complaint                                 : 06.10.2017

Counsel for Complainant                      : M/s.G.Ganesh Kumar, P.G.Rajasri

 

Counsel for   1^st opposite party                 : M/s.Shivakumar and Suresh

 

Counsel for 2^nd opposite party                   : M/s.G.Perumal, G.Ramesh Kannan,

                                                                      K.Pandurangan

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant to direct the opposite parties to pay a sum of Rs.1,00,000/- for defect in cancellation of ticket  and  also the damages for mental  agony, suffered with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant booked  4 tickets on 19.07.2017 through the 1^st opposite party’s online mobile application for him and his family members on 25^th August 2017 to attend a marriage function at Sivakasi. On 19.07.2017 the ticket was confirmed vide ticket no, TK 8G48357447 and the PNR No. is BSPT570881539. It was purchased through online from the petitioner’s wife Mythily Ayyarsamy’s Bank account Indian Overseas Bank, Padur Branch vide Account No. 154802000000117 for a sum of Rs.2502.4.  As per the instruction on 25.08.2017 the complainant and his family members reached the  boarding location i.e., Perungalathur by 8.30 p.m with Luggages. On 25.08.2017  when the bus reached the boarding location  at Perungalathur, the  executive of the 2^nd opposite party stated that the said ticket was cancelled and gave a cancellation ticket. No opportunity was given to the complainant  to mention the fact that he has not cancelled the ticket with the 2^nd opposite party and  the 2^nd opposite party refused to permit the complainant and his family into the bus and the bus left them at  Perungalathur and started to its destination. With luggage the complainant and his family members had suffered a lot both physically and mentally especially the women of family was put to fear and agony. The complainant left with no other option  rather  to book ticket in some other travels. So, on  25.08.2017 he booked four  fresh ticket with 2^nd opposite party’s booking agent at Perungalathur Rs.950 per head vide Ticket Traveling No.TTRWINTUTZ and PNR No.BSPT264849632 through the complainant’s debit card all together to sum of Rs.3,700 after deducting Rs.285/- which was paid from his account vide A/c.No.167701000009668, M/s. Indian Overseas Bank, Keelkattalai Branch, Chennai – 117. The complainant states that to the shock and surprise he received the mail dated 28.08.2017 at 1.45  p.m from 1^st opposite party stating that our ticket was cancelled and stated that they have initiated to refund an amount of Rs.2,291 and promised that the amount will be credited within 5 to 7 working days. The opposite party sent another mail subjecting a reference No.ref.00D281KZYA 50028sB2PA dated 28.08.2017 at 1.46 p.m falsely alleging that the complainant has cancelled the ticket and further they have charged Rs.428/- for cancellation charge. The  act made the 2^nd opposite party vicariously liable for the damage caused to the complainant along with the 1^st opposite party.  The sale of the defective e-ticket and the poor treatment of which the complainant had to face with service department of the both the 1^st& 2^nd opposite parties during the late hours has caused severe stress, mental trauma and agony to the complainant. Wherein the act negligent of service on the both the 1^st& 2^nd opposite parties. Hence the complaint.

2. WRITTEN VERSION OF THE   1^st OPPOSITE PARTY IN BRIEF:

          The complainant logged to the Mobile Application maintained by the  1^st opposite party for the purpose of booking bus tickets. It is further stated  that the complainant after fully being satisfied with the booking terms and conditions, the bus timings, ticket pricing, and customer reviews etc., had voluntarily booked 4 bus tickets from the 2^nd opposite party for travelling from Chennai to Sivakasi scheduled on 25.08.2017 by paying Rs.2,502/-.  The tickets in question got cancelled due inadvertent technical glitch on the website of the 1^st opposite party. Certain errors on the website are beyond the control of the 1^st  opposite party.  The 1^st opposite party has conducted investigation at its end and initially found that the complainant himself has cancelled the tickets. Subsequently, the  1^st  opposite party has initiated a refund after deducting cancellation charges and also informed the said fact to the complainant vide e-mail. Later, after filing of the complaint, the  1^st opposite party became aware of the technical issue which has caused the cancellation of the tickets. The refund of the tickets has already been processed and amount has been credited back to the complainant and there remains no cause of action to be adjudicated. It is denied that there is any negligence or deficiency in service by this opposite party which has resulted in loss to the complainant. Since the complainant has failed to make out a prima facie case against the  1^st opposite party, the instant complaint of the complainant be dismissed against this opposite party.

3. WRITTEN VERSION OF THE   2^nd  OPPOSITE PARTY IN BRIEF:

          The complainant booked 4 e-tickets on 19.07.2017 for the journey dated 25.08.2017 from Chennai to Sivakasi. The 4 tickets have been cancelled by technical error crept in the computer and immediately after knowing the mistake, re-paid the ticket amount by depositing in the complainant’s Bank Account. The technical mistake was immediately conveyed and has been explained to the complainant and immediately arranged to issue the ticket in the next bus starting by 10.15 pm on the same date.  The complaint and his family travelled safely in 2^nd opposite party’s A/C Bus and reached their destination without any difficulty, which has been admitted by the complainant. When the tickets booked by the complainant through M/s. Red Bus, stands cancelled, the bus crew of the 2^nd opposite party is not responsible for the complainant’s allegations.  However the 2^nd opposite party’s bus crew made alternative arrangement to the complainant and his family to reach the destination by the 2^nd opposite party’s Bus. Sincere and effective steps have been taken to provide alternative good, comfortable and enjoyable travel in the 2^nd opposite party’s bus without any deficiency in service.      

4. The complainant and the   opposite parties  had come forward with their respective proof affidavit and documents. Ex.A1 to Ex.A11 were marked on the side of the complainant and the 1^st opposite party marked documents Ex.B1 to  Ex.B3. No documents is marked on the side of 2^nd opposite party.

          5. The written arguments of the complainant and the opposite parties were filed and the oral arguments of the both were heard.     

6. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

7. POINT NO :1 

          The complainant  booked 4 tickets to travel between Chennai to Sivakasi on 19.07.2017 for the travel on 25.08.2017 through 1^st opposite party  who has an online platform  and agent for bus ticketing  is the 2^nd opposite party  who is a travel operator  in South India. The tickets are arranged for their family members to attend a marriage function at  Sivakasi. The tickets were purchased through online platform of 1^st opposite party  from  the complainant’s wife  account. As per the confirmed e-ticket dated  25.08.2017, all the details regarding  Reporting, Departure, Boarding Location, seat numbers, have been instructed to the complainant. As per instructions, the complainant and his family with all their luggages reached the boarding location. While boarding, the 2^nd opposite party executive conveyed the message that the tickets were cancelled. The complainant was not permitted to enter into the bus, and leaving them there, the bus started to its destination. Aggrieved by the same and having suffered mental agony and stress with their family members, the complainant had filed this complaint.

 08. The complainant had reported the matter immediately through phone and they have replied through e-mail at 10.45 p.m. and assured to give feed back within 24 hours. E-ticket, Payment, Confirmation through SMS, Cancellation of ticket are all admitted facts and the documents are also filed with respect to all. The complainant then booked ticket through some other agent and bought the fresh tickets for all the four members vide Ex.A7 and the bank statement is Ex.A8. Ex.A10 is the feedback of the 1^st opposite party and the ticket amount was refunded only on 28.08.2017 for  Rs.2,291/- after deducting cancellation charges of Rs.428/- by the 1^st opposite party  vide Ex.A11.

         09. The 1^st opposite party  admits that the tickets were inadvertently cancelled due to error on their  website and the 1^st opposite party  deals with its bus partners  on a principal to principal basis and cannot be liable for its independent acts or omissions. The 2^nd opposite party also admits the tickets have been unfortunately cancelled by technical fault/error crept in the computer, and after knowing the mistake of the 1^stopposite party, the 2^nd opposite party   had arranged to issue new tickets to the complainant by the next bus on the same date.  The 2^nd opposite party would contend that technical fault/error crept in the net-computer services by the 1^st opposite party only, and the amount was refunded  by depositing the amount in the complainant’s bank account. Hence the 2^nd opposite party is at  no fault on their side. Ex.B1 is the terms and conditions of the policy and Ex.B2 is the copy of the bus tickets and e-mail reply in Ex.B3, refund particulars have been mentioned by 1^st opposite party  and also indicated as though the tickets were cancelled by the complainant.

           10. Admittedly, the complainant has not cancelled the tickets  and ticket was cancelled because of the technical fault of their website, but at no fault of the complainant.  The cancellation charges have been deducted in the refund as though the tickets have been cancelled by the complainant. At no fault of the complainant, the complainant  was made to suffer moving their family in the next bus by booking again with his money that too in the late hours. Either of them have not made any alternate arrangement or arranged for tickets  to the complainant and his family to travel in their bus without collecting any amount especially when they were holding the amount for previous booking. This act goes to show the clear deficiency on the part of both the opposite parties. Both are liable to compensate the complainant  and point No.1 is answered accordingly.

11. POINT NO. 2

As we discussed in point No.1 there is deficiency on the part of both the opposite parties, because of which the complainant was asked to wait for some more time and forced to book ticket in another bus by spending some more money during late hours along with his family and  all luggage. Due to the negligent act of opposite parties, the complainant  suffered mental agony and stress is accepted by this forum. Hence it is fit to order Rs.30,000/- as compensation for the same besides Rs.5,000/-for costs.                          

In the result, the complaint is partly allowed. The opposite parties jointly or severally are directed to pay a sum of Rs.30,000/-(Rupees thirty  thousand only) to the complainant  as compensation for mental agony besides, a sum of Rs.5,000/- (Rupees five thousand only) for costs.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 13^th  day of May 2019.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated         NIL                                         Copy of Ration Card

Ex.A2 dated         19.07.2017                                       Copy of Bank Statement

Ex.A3 dated 30.08.2017                                      Copy of Bank Statement

Ex.A4 dated 25.08.2017                                      Copy of SMS

Ex.A5 dated 25.08.2017                                      Copy of Cancellation ticket

Ex.A6 dated 26.08.2017         10.15 PM             E-mail

Ex.A7 dated 25.08.2017                                      Fresh Ticket

Ex.A8 dated 30.08.2017                                      Bank Statement  of Ayyarsamy

Ex.A9 dated 25.08.2017 10.04 PM                      E-mail

Ex.A10 dated 28.08.2017 1.45 PM                      E-mail

Ex.A11 dated 28.08.2017 1.46 PM                      E-mail

LIST OF DOCUMENTS FILED BY THE   1^st OPPOSITE PARTY:

 

Ex.B1 dated NIL                                        Copy  of the Terms and Condition of the booking

 

Ex.B2 dated  25.08.2017                                      Copy of the Bus Tickets

 

Ex.B3 dated NIL                                        Mail sent by the opposite party to the complainant

 

LIST OF DOCUMENTS FILED BY THE   2^nd  OPPOSITE PARTY:

 

                                            ….. NIL …..

 

 

 

MEMBER – I                                                               PRESIDENT