Tamil Nadu

South Chennai

CC/10/2017

K.T.K.Aravinlakshan - Complainant(s)

Versus

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

V. Yurendra Kumar

13 May 2022

ORDER

                                          Date of Complaint Filed  :  25.04.2016

                                                                                                       Date of Reservation        : 28.04.2022                                                                         

                                                                                                       Date of Order                 : 13.05.2022

 

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.10 /2017

FRIDAY, THE 13th DAY OF MAY[ 2022

K.T.K. Aravindakshan,

No.8/6, Avvai West Street,

Choolaimedu, Chennai – 94.                                                                                                     .. Complainant                                         

..Versus..

 

1.Red Bus by its Manager,

   Plot No.2 first Floor,

   Rathnapuri Layout

   Koyambedu, Chennai – 107.

 

2.SRM Transport India Pvt Ltd,

   By its Manager,

   No.3, Veerasamy Street,

   West Mambalam, Chennai – 33.                                                                                    ..  Opposite Parties

******

Counsel for the Complainant         : M/s. V. Yurendra Kumar

Counsel for the Opposite Parties    : Exparte

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

 

ORDER

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

        The complainant has filed this complaint as against the Opposite Parties under Section 12 of the Consumer Protection Act 1986, and prays for refund of Rs.490/- being cost of the unused ticket with interest @ 24% from 12.01.2014 till repayment and to pay Rs.50,000/- as damages for the deficiency of service of the Opposite Party in having failed to pick up the Complainant from Ashok Pillar preventing Complainant from travelling despite having a confirmed ticket and to pay Rs.50,000/- for the resultant mental agony and pain caused by such deficiency of service and to pay Rs.3,000/- as cost of this complaint.

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

        The Complainant states that he was to attend an important function at Kumbakonam, hence on 12.01.2014 the Complainant had booked an e-ticket through 1st Opposite Party to travel on Saturday 08.02.2014 by 2nd Opposite Party bus leaving Chennai at 10.40 p.m, vide Ticket No.TG 2E86652624 (PNR No:RBD5CF62), from Chennai to Kumbakonam. He reached and waited at Ashok Nagar boarding point at 10.15 p.m.  The Complainant’s queries with other 2nd Opposite Party’s buses which came there was informed that traffic delay was reason and to wait. At 11.00 p.m the Complainant was asked to go to Perungalathur (24 kms from boarding point at Ashok Nagar). After a great struggle (PM Modi’s meeting) the Complainant who had giving his present status as and when his calls were attended, reached Perungalathur by 12.30 a.m and informed the same to Mobile NO.9841646682 on call from 2nd Opposite Party’s end. No calls were forthcoming thereafter from 2nd Opposite Party and the Complainant was made to wait endlessly. The 2nd Opposite Party’s person at Perungalathur stop was reckless and was abusive to Complainant’s anxious queries as to fate of his bus, after being stranded. Shockingly the Complainant was also informed that 2nd Opposite Party do not owe any responsibility for Red Bus tickets and complaints if any, be given at Koyambedu office only. After a long wait reclined to his sad fate cursing his bad luck, reached home, unable to proceed with his travel as per itinerary. The Complainant narrating his ordeal and agony sent emails to the Opposite Parties who despite receiving the same failed to reply, necessitating the filing of this complaint. He is yet to recover from the trauma caused by the abrupt ditching by Opposite Party and the endless agony and discomfort he was put to. The act and attitude of Opposite Party’s personnel to frantic queries made in such situations got a very poor and pathetic response, giving him false information and rude answers, making matters very worse, especially when left stranded. The act of the Opposite Party who had sold a confirmed ticket on 12.01.2014 and the failure of the Opposite Party to take the Complainant from Ashok Nagar boarding point as per confirmed ticket, making Complainant undergo a very torrid time for no fault of his, amounts to deficiency of service. The Complainant had suffered severe mental agony and pain which is to be compensated as well. Hence the complaint.

3.    The Complainant has filed his Proof affidavit and Written Arguments. On the side of Complainant Ex.A-1 and Ex.A-2 were marked. Notice served to the Opposite Parties 1 and 2.  In spite of receipt  of the notice the Opposite Parties had failed to appear and hence Opposite Parties 1 and 2 were called absent and set exparte.

4.   Points for Consideration:-

  1. Whether the Opposite Parties 1 and 2 committed deficiency of service?
  2. Whether the complainant is entitled for relief claimed?

5.   Point No.1:-

        It is clear that as per Ex.A-1 the Complainant had booked E-Ticket through 1st Opposite Party for a travel from Chennai to Kumbakonam by 2nd Opposite Party bus scheduled on 08.02.2014 at 10.40 p.m vide Ticket No:TG2E86652624, PNR No: RBDSCF62 and seat No.16 was confirmed for his travel. Further from Ex.A2 it is clear that the Ashok Pillar, Anjappar Hotel is the Boarding Point details confirmed to the Complainant. The Complainant submitted that he reached the said boarding point by 10.15 itself as against reporting time of 10.25 p.m and he waited till 11 p.m and only at 11 pm he was informed to report at Perungalathur through a Mobile No.98416 46682 and after a great struggle he reached Perungalathur at 12.30 pm and informed the same to the above mobile number and he had not received any calls and informed him about his travel to Kumbakonam and waited endlessly and returned home. As per Ex.A-2, on 09.02.2014 at 16.38 hours the Complainant had sent an email to the 1st and 2nd Opposite Parties,  wherein he explained the above facts and the irresponsible and harsh behavior of 2nd Opposite Parties staff and to give a proper solution and informed to the 1st Opposite Party the fact of not taking the responsibility for the tickets purchased through 1st Opposite Party website and the same would affect the 1st Opposite Party. The 1st Opposite Party has not responded to Ex.A-2 and the 2nd Opposite Party had responded to Ex.A-2 by replying they would get back soon, thereafter had not taken steps to resolve the issue of the Complainant. Hence, we are of the considered view that the act of the 1st and 2nd Opposite Parties clearly amounts to deficiency of service to the Complainant. Accordingly, point No.1 is answered in favour of the Complainant.

6.   Point No.2:-

        As point No.1 is answered in favour of the Complainant, the 1st and 2nd Opposite Parties are jointly and severally directed to refund a sum of Rs.490/- being the ticket cost with interest at the rate of 9% p.a from 08.02.2014 till the date of this order and to pay a sum of Rs.10,000/- for mental agony and pain caused to the Complainant for the deficiency of service committed and also to pay a sum of Rs.3000/- towards cost of the complaint, within 8 weeks from the date if this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of payment. Accordingly, point No.2 is answered in favour of the Complainant.

        In the result the complaint is allowed in part. The Opposite Parties are  jointly and severally directed to refund a sum of Rs.490/- (Rupees Four Hundred and Ninety Only) being the ticket cost with interest at the rate of 9% p.a from 08.02.2014 till the date of this order and to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) for mental agony and pain caused to the Complainant for the deficiency of service committed and also to pay a sum of Rs.3000/- (Rupees Three Thousand Only) towards cost of the complaint, within 8 weeks from the date of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of payment.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on this the 13th day 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

12.01.2014

E-ticket

Ex.A2

09.02.2014

Complainant’s email

              

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

NIL

 

S. NANDAGOPALAN                             T.R. SIVAKUMHAR                     B.JIJAA

         MEMBER II                                        MEMBER I                           PRESIDENT

 

 

 

       

 

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