Tamil Nadu

North Chennai

CC/127/2015

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

Versus

M/s.Red Bus - Opp.Party(s)

M/s.S.Rajesh

07 Mar 2018

ORDER

 

                                                            Complaint presented on:  24.07.2015

                                                                Order pronounced on:  07.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY THE 7^th DAY OF MARCH 2018

 

C.C.NO.127/2015

 

 

Mr.S.Sankar,

S/o.S.Sundaralingam,

No.7/3, Andal Avenue 2^nd Street,

Thiru-Vi-Ka, Nagar,

Chennai – 600 082.

                                                                                    ….. Complainant

 

..Vs..

1. M/s. Red Bus,

Rep.by its Manager,

F-7-F14, Sriji Majestic Complex,

Omni Bus Terminus,

Koyambedu,

Chennai – 600 107.

 

 

2. M/s. Red Bus,

Rep.by its Managing Director,

3^rd Floor, Karle Premium,

No.1, Old Airport Road,

Opp.Manipal Hospital,

Kodihalli,

Bangaluru – 560 008.

 

3.M/s. MRM Tours & Travels,

Rep.by its Manager,

Shop No: F27, 1^st Floor,

Sriji Majestic Complex,

Omni Bus Stand,

Koyambedu,

Chennai – 600 107.

.....Opposite Parties

Date of complaint                                 : 25.08.2015

Counsel for Complainant                      : M/s.S.Rajesh, R.Balaji                                

 

Counsel for 1^st & 2^nd Opposite Parties     : M/s.Shivakumar and Suresh

 

Counsel for 3^rd opposite party                  : Ex -parte                                                          

 

O R D E R

 

BY  MEMBER THIRU. M.UYIRROLI KANNAN B.B.A., B.L

          This complaint is filed by the complainant to direct the opposite parties 1 to 3 to pay a sum of Rs. 1,00,000/- towards compensation for their negligent act and deficiency committed by them with cost of Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is a native of Nagercoil, Kanyakumari district. He is settled at Chennai for his livelihood. On 20.12.2014 due to emergency, he wanted to go to Nagercoil. Hence he booked 2 tickets to Nagercoil through online on that day through the first opposite party website and made online payment of Rs.1,554/- for the tickets. The 2 tickets bearing seat numbers 5 and 6 was issued to travel in the MRM travels which was operated by the 3^rd opposite party. The 2^nd opposite party is the head office of the 1^st opposite party. The schedule time for departure of the bus at the Koyambedu bus stand was at 9.15 pm.

          2.  On the same day on 20.12.2014 at about 6.00 pm, the complainant received a message from the 3^rd opposite party that the bus from Chennai to Nagercoil was cancelled, please choose another bus. The complainant tried to contact the 3^rd opposite party was failed and the 3^rd opposite party failed to make alternate travel arrangement for them. The complainant with great difficulty purchased one ticket by AVK travels with a cost of Rs.1,500/- and his cousin arranged a ticket through state express transport corporation.

          3. The 1^st opposite party failed to refund the ticket amount even though, the 3^rd opposite party had not provided alternate arrangements. After his return to Chennai on 29.12.2014, the complainant contacted the 1^st opposite party; he informed him that he was not aware of the cancellation of bus on 20.12.2014. The said tickets were cancelled only on 29.12.2014. Even after that the 1^st opposite party failed to refund the ticket amounts. Hence the complainant issued legal notice. The opposite parties 1 and 2 have not refunded the amount and the 3^rd opposite party cancelled the bus  by last minute without making alternate arrangements and hence all of them committed deficiency. Hence the complainant filed this complaint to direct the opposite party 1 to 3 to pay a sum of Rs.1,00,000/- towards compensation for negligent act with costs of the complaint.          

4. WRITTEN VERSION OF THE  OPPOSITE PARTIES 1 & 2 IN BRIEF:

          The opposite parties admits that the complainant had booked bus tickets through online for travelling from Chennai to Nagercoil on 20.12.2014 and the opposite parties merely providing a platform for connecting various bus operators and the customers has to choose the bus operator and to book tickets as per their terms and conditions and the same provides that they are only a platform. The complainant booked tickets to travel in the 3^rd opposite party bus. These opposite parties have no control over the type of bus or cancellation of bus. The complainant failed to produce any record to show that they have suffered any damages due to the negligence of these opposite parties. After confirmation of cancellation from the bus operator these opposite parties have immediately processed the refund of bus fare amounting to Rs.1,554/- on 29.12.2014. The other averments made in the complaint are denied. Hence these opposite parties have not committed any deficiency in service and pray to dismiss the complaint with costs.

          5. The 3^rd opposite party called absent and he was set ex-parte on 28.10.2015.

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 

          Admittedly the complainant booked 2 bus tickets through online on 20.12.2014 to travel on the same day from Chennai to Nagercoil through the opposite parties 1 and 2 website and they issued tickets to travel in the 3^rd opposite party bus MRM travels bearing seat no.5 and 6 after receiving online payment of Rs.1,554/- and the said bus about to departure at 9.15 pm at Koyambedu bus stand. However on the same day at 6.00 pm the 3^{rd opposite} party sent a text message to the complainant that “the bus from Chennai to Nagercoil was cancelled, please choose another bus, your full amount will be refunded” and the 3^rd opposite party had not made any alternate arrangements for his travel.

          8. According to the complainant he made alternate arrangement purchasing a ticket for Rs.1,500/- and travelled in the AVK travels and after return to Chennai, he contacted the 1^st opposite party on 29.12.2014 to refund the tickets amount and the 1^st opposite party sent Ex.A7 email to the complainant that his ticket was cancelled and sent another email Ex.A8 on the same day that refund request transaction is being processed and the money should reflect in the complainant account within 5 – 7 days and further sent Ex.A9 email that the refund has been processed and however the complainant had not received as stated by the 1^st opposite party as assured and failure to refund the ticket amount in time and hence the opposite parties 1 and 2 committed deficiency in service and 3^rd opposite party also committed deficiency by not arranging alternate bus. 

          9. The booking made by the complainant has been accepted by the 3^rd opposite party, through the opposite parties 1 and 2 website and issued tickets. However, the bus was cancelled and he had not made any alternate arrangement for their travel and also not refunded the amount and hence the 3^rd opposite party committed deficiency. The opposite parties 1 and 2 agreed to refund the ticket amount to the complainant by writing Ex.A8 and A9 email letters to him. Even though they agreed to refund the amount, they have not refunded the amount to the complainant in time and hence the opposite parties 1 and 2 have committed deficiency in service in not refunding the amount in time as assured in Ex-A8 and A9 letters and further the 3^rd opposite party committed deficiency in service in not arranging alternate bus for the travel of the complainant and other passengers. 

 

 

10. POINT NO:2

Though the opposite parties 1 and 2 have refunded the amount belatedly, the complainant has not pleaded or filed any document to show that how many days belatedly they have refunded the tickets amount. The 3^rd opposite party all of a sudden cancelled the bus service and has not stated any reason for cancellation. Hence due to the above deficiency committed by the opposite parties the  complainant suffered with mental agony is accepted and for the same, it would be appropriate to direct the opposite parties  1 to 3 to pay a sum of  Rs.1,000/- towards compensation, besides a sum of Rs.5000/- towards litigation expenses.

In the result the complaint is partly allowed. The opposite parties 1 to 3 jointly or severally are ordered to pay a sum of Rs.1,000/-(Rupees one thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards the cost of the Complaint.

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

          Dictated to the Junior Assistant and typed by him directly in the computer, corrected and pronounced by us on this 7^th  day of March 2018.

 

MEMBER – I                                                                PRESIDENT

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                     MRM Travels Chart

 

Ex.A2 dated NIL                     Terms and conditions of Redbus

 

Ex.A3 dated 20.12.2014                   E-ticket of MRM Travels

 

Ex.A4 dated 20.12.2014                   SMS relating to the cancellation of bus

 

Ex.A5 dated  20.12.2014                  Complainant ticket of another bus travelling AVK

                                                     Travels

 

Ex.A6 dated 21.12.2014                   E-mail letter from the 1^st opposite party for feed

                                                     back about the travel

 

Ex.A7 dated 29.12.2014                   E-mail letter sent by the 1^st opposite party

                                                     regarding cancellation of bus

 

Ex.A8 dated 29.12.2014                   E-mail letter of the 1^st opposite party about refund

                                                     of money

 

Ex.A9 dated 30.12.2014                   E-mail letter of the 1^st opposite party

 

Ex.A10 dated 02.01.2015                 Legal Notice sent by the complainant

 

Ex.A11 dated NIL                             Acknowledgement card and returned postal cover

                                                    of 3^rd opposite party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated 20.12.2014                   E-Ticket

 

 

 

 

MEMBER – I                                                               PRESIDENT