Tamil Nadu

South Chennai

CC/314/2016

P.Suresh - Complainant(s)

Versus

M/s.SRM Transports India P Ltd - Opp.Party(s)

A.Thirumaran and R.Vetrivel

02 Mar 2017

ORDER

                                                                        Date of Filing :   09.09.2016

                                                                        Date of Order :   02.03.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : 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.314/2016

THURSDAY THIS 2^ND   DAY OF MARCH 2017

 

Mr. P.Suresh,

S/o. Panchapakesan,

A-28, RAMS Habitat,

340, Old Mahabalipuram Road,

Sholinganallur,

Chennai 600 119.                                              ..Complainant

 

                                              ..Vs..

 

M/s. SRM Transports India Private Limited,

Rep. by its

Authorized Signatory, 

No.3, Veerasamy Street,

West Mambalam,

Chennai 600 033.                                             ..Opposite party.

 

For the Complainant                   :    M/s. A.Thirumaran & another       

For the opposite party                 :    Exparte.

 

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II      

This complaint is filed by the complainant against the opposite party to pay a sum of Rs.1,00,000/- as compensation for mental agony and unfair trade practice and to refund the amount of Rs.1100/- towards cost of the booked ticket and also to pay cost of the complaint.  

1. The averment of the complaint are brief as follows:

      The complainant submit that he  had booked an e ticket on 30.5.2016 to travel in the  Bus type 12 M, Semi sleeper A/c Bus to be departed on 31.5.2016 at 10.15 p.m. from Tiruvarur to Chennai along with his wife and paid Rs.1,100/ for the two seats.     The complainant and his wife had boarded the bus at the right time and at the time of boarding had noticed the bus seats in the back side were not proper and as a result the entire ride was jumpy thereby the complainant and his wife were not able to sleep during the journey.   

2.     The complainant further submits that at about 4.00 a.m. in the morning just before the Toll booth at Chengelpet, the Air conditioner in the bus had failed and thereafter immediately the engine of the bus had also failed thereby causing the bus to come to a  stand still.   Finally the driver had informed all the passengers including the complainant and his wife that the bus could not be started and thereby requested them to get down from the bus.   He has to reach for urgent meeting at Solinganallur at his employment place since there is no arrangements were made by the opposite party, he made his own arrangement to reach the destination. 

3.     Accordingly the complainant had issued a legal notice to the opposite party on 4.6.2016 calling upon the opposite party to refund the ticket amount of Rs.1100/- and sought compensation of Rs.1,00,000/-.   The opposite party had received the legal notice dated 4.6.2016 but he did not comply with the demand of the claim cited in the legal notice.   As such, the act of the opposite party amounts to deficiency in service which caused mental agony and severe hardship to the complainant.     Hence the compliant. 

4.     Though the opposite parties remained expate this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

5.     In such circumstances,  in order to prove the allegation made in the complaint, the proof affidavit filed by the complainant as his evidence, and also Ex.A1 to Ex.A3  are marked. 

6.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite  party as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

7. Point Nos. 1 & 2 :-

     The complainant  had booked an e ticket on 30.5.2016 to travel in the  Bus type 12 M, Semi sleeper A/c Bus to be departed on 31.5.2016 at 10.15 p.m. from Tiruvarur to Chennai along with his wife and paid Rs.1,100/-  and he has reported on the schedule time and the travel from Tiruvarur to Chennai and it is reported the said bus was gone on break down near Chengalpet Toll Plaza at 4.00 a.m. and the passengers were stranded and the complainant is being an employee of reputed MMC company at Solinganallur, he has to reach for urgent meeting at Solinganallur since there is no arrangements were made by the opposite party, he made his own arrangement to reach the destination.   

8.     Since the complainant was occupying seat No.29 and 30  which is at the back and they could not travel pleasantly and it is reported there was a rattling noise on the seat so he spent sleepless night throughout the travel.   The allegations made by the complainant while he enquired with the driver there was a problem in the engine of the bus right from the inception of the departure it was directed by the management of the opposite party to get it repaired when they reaches Chennai.  Had the defects would have been rectified before departure this break down could have been avoided.

9.     The averments cited by the complainant, the opposite party’s counsel contented they have fleets of service all the buses of their management are functioning in good order and the allegations made by the complainant are frivolous and said normally in such events they would arrange for the alternative accommodation to make the passengers to travel and to reach the destination. 

10.    The complainant’s  e ticket clearly provides the rules and regulation in the tickets itself rule No.7 states “the company does not accept any responsibly for any delay or inconvenience during the journey due to break down of the vehicle or any other reasons beyond control of the company”. Rule-10 says that the “scheduled journeys are subjected to delays,  postponement or cancelation due to break down and repair of vehicle, inclement or weather bad road conditions and or unforeseen reason.  In case of schedule journey cancellation under pressing circumstances the full fare will be refunded by the booking office, which issued this reservation coupon/ boarding pass cash receipt” (Ex.A1).  

11.    The complainant having suffered discomfort and left the middle of the travel the earlier of morning of 4 a.m. with much of tension  the complainant alleged to arrange his own transport arrangement  to reach the destination. 

12.    Hence he served the legal notice Ex.A2 seeking the refund of fare he has paid and compensation of Rs.1,00,000/- for mental agony.  The opposite party counsel’ replied under Ex.A3 that the allegations made by the complainant are frivolous.    But  the opposite party neither appeared before this forum nor submitted his written version  and affidavit to this forum and became an exparte, inspite of several reminders  were given.   The complainant submitted his proof affidavit, documents and written arguments to substantiate his claim.

13.    Pursuant on all the records, we are of the opinion the opposite party though it is furnished in the ticket in the event of any break down the company will not take any responsibility but they ought to have arrange an alternative method to make the passenger to reach destination safely in time, Since it is the deficiency in service on the part of the opposite party, this forum is of the considered view that the opposite party is liable to refund Rs.1,100/- towards cost paid for the ticket by the complainant  and also to pay a compensation of Rs.5000/- and cost of Rs.2,000/-.    Thus points 1 & 2 answered accordingly.

In the result, the complaint is allowed in part.   Accordingly the opposite party is directed to refund a sum of Rs.1,100/- (Rupees one thousand and one hundred only) being cost of the ticket paid by the complainant and also  to pay a sum of Rs.5,000/- (Rupees Five  thousand only) towards compensation for causing mental agony and hardship due to deficiency of service on the part of the opposite party  and to pay a sum of Rs.2,000/- (Rupees two  thousand only) towards cost to the complainant. 

The above amounts shall be payable within six weeks from the date of receipt of the copy of the 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 Member-II to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the  2^nd   day  of  March  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 30.5.2016  - Copy of E. ticket of the complainant.

Ex.A2- 4.6.2016    - Copy of legal notice issued by the complainant.

Ex.A3- 14.6.2016  - Copy of reply notice issued by the opposite party.

 

Opposite parties’ side documents:   .. Nil.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.