D.o.F:27/09/2010
D.o.O:01/2/2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.202/10
Dated this, the 1st day of February 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Ashwitha.J.K, D/o Satheesh Kotekani,
Shivashailam, Gange Road, Po.R.D.Nagar, : Complainant
Kasaragod.
Adv.Shrikanta Shetty.K, Kasaragod)
1. Narayana Poojary, Owner,
Sugama Tourist, Moodubidri,
Udupi.Dt,Karnataka.
(Adv.A.B.Nair,Kasaragod)
2. The Manager, Sugama Tourist,
Gandhi Nagar, Bangalore-9.
3. The Manager , Mangala Travels, : Opposite parties
33/4 Opp. P.N.Bank, Ist stage,
Indira Nagar, Bangalore.
4. The Manager, Sugama Travels,
KPR Rao Road,Kasaragod.
(Ops 2 to 4 Exparte) ORDER
SMT.P.RAMADEVI : MEMBER
That the complainant Miss Ashwitha filed this complaint against opposite party alleging deficiency in service.
The facts of the complaint in brief are as follows:
The complainant belongs to a respectable family and an engineering degree holder working as a lecturer in contract basis. The Ist opposite party is the owner of the Sugama Travels consisting of several buses plying between Bangalore and various places in Karnataka and Kerala. The complainant had booked a bus ticket from 3rd opposite party on 29/4/2010 by paying `350/- to travel from Bangalore to Kasaragod and she had to board the bus from Indira Nagar. At the time of booking she enquired the 3rd opposite party about the time of departure of the bus , the 3rd opposite party told that the complainant can avail bus from 3rd opposite party’s office at 8.30 p.m. Hence the complainant booked seat No.2. 3rd opposite party issued ticket No.375382 after receiving `350/- from the complainant. Then the complainant reached 3rd OP’s office at 8.15 and he requested the complainant to occupy seat NO.2 of the bus shown by him. The bus departed there at 8.30 p.m and it reached Gandhi Nagar in front of 2nd opposite party’s office at about 9.30 p.m. There a person from 2nd opposite party’s office verified the ticket inside the bus and after confirmation the ticket examiner torn the ticket, the original he retained and the counterfoil handed over to the complainant. Thereafter the bus was there till about 10.p.m and the complainant slept. That at about 11.p.m suddenly an employee of the bus awakened the complainant and told her to get down of the bus since the said bus is not going to Kasaragod and scolded her that she boarded in a wrong bus and is not going to Kasaragod and forcibly alighted her at the place called Rajaji Nagar saying that she should catch Kasaragod bus from Gandhi Nagar. The complainant told them that after proper enquiry and as directed by 3rd opposite party she boarded the said bus, she is stranger to Bangalore and it is too late again to travel back to Gandhi Nagar and catch the Kasaragod Bus. The staff spoke in high pitch and due to fear the complainant constrained to get down from the bus. The complainant being young lady and stranger to Bangalore helplessly waited for some time and enquired about the Kasaragod bus and staff told that the Kasaragod bus already left Gandhi Nagar. The 2nd opposite party did not make any arrangements to the complainant; they left her during late night to suffer the worse. She got tensed and upset and afraid of and undergone mental agony because she is helplessly waiting there without the way. Then she was called her father at Kasaragod and he contacted his relatives at Bangalore and the relative came and took her to his home at about 12 midnight. Subsequently for about 2 days all the buses were full to Kasaragod hence she left to Calicut along with her paternal sister and from there she came to Kasaragod. Hence the act of the opposite party amounts to deficiency in service and hence this complaint filed.
2. Notice issued to opposite parties are duly served, only Ist opposite party appeared through counsel and filed version. Opposite parties 2 to 4 were absent and set exparte.
Ist opposite party denied all the allegations made against them in the complaint. He admitted the booking of ticket from Bangalore to Kasaragod on 29/4/10 and the ticket issued to the complainant specifically shown that the Bus No.’N’ is going to Kasaragod and the name board ‘N’ specifically exhibited on the bus and the Ist opposite party is having many buses going to different destination from Bangalore. On 29/4/2010 the complainant wrongly
boarded the bus ‘G’ which is going to Shringeri from Gandhi Nagar and after departure of the bus from Gandhi Nagar by 9.30 p.m the ticket were checked and it was noticed that the complainant wrongly boarded ‘G’ Shringeri bus instead of N Kasaragod bus and the staff of Shringeri bus reported the mistake to the office of Is opposite party at Rajaji Nagar and asked the complainant to wait in the office for the Kasaragod bus. The Kasaragod bus starts by 9.40 p.m from Gandhinagar and hence intimation was given to Gandhinagar office for Rajaji Nagar office and directed the staff of Kasaragod bus to pickup the complainant from Rajajj nagar office. The opposite party further submits that the complainant without giving any information to the office of opposite party at Rajaji Nagar went to her relatives house and not returned to Kasaragod on that day. The bus going to kasaragod waited half an hour for the complainant at Rajaji Nagar and returned to kasaragod without the complainant. The further contention of the opposite party is that the complainant is not maintainable the forum lacks territorial jurisdiction to entertain the complaint since the alleged incident took place at Bangalore and the 1st opposite party is having no branch office at Kasaragod and hence the complaint is liable to be dismissed.
3. Complainant is examined as PW1 and Exts.A1 to A10 marked and for opposite parties DW1 is examined and no document is marked. Heard both sides and documents perused.
4. After considering the facts on records the following issues raised for consideration .
1. whether this forum has territorial jurisdiction to try this complaint?
2. Whether there is any deficiency in service on the part of the opposite parties?
3. If so what the order as to relief and costs.
5. Issue No.1: According to Ist opposite party this forum lacks territorial jurisdiction to entertain the complaint since the transaction between the complainant and opposite party and the alleged incident was took place at Bangalore outside the jurisdiction of this Forum. Moreover the Ist opposite party is having no branch office at Kasaragod. Here the 4th opposite party made as party in this complaint as a capacity of a manager, Sugama Travels, Kasaragod. 4th opposite party duly served the notice in the above address and set exparte . If the 4th opposite party is not the manager of Sugama travels he ought to have come to the Forum and to file his version to that effect. More over the bus of Ist opposite party is plying within Kasaragod District and part cause of action lies within the limits of kasaragod. Therefore this forum has ample jurisdiction to entertain this complaint. Hence the 1st issue is answered accordingly.
6. The definite case of the complainant is that during late night she was compelled to get down from the bus by the opposite parties saying that she boarded in a wrong bus and there after the opposite parties were not ready to help her and thereby she felt fear mental tension etc. Here the opposite parties admitted the journey of complainant from Indira Nagar to Rajaji Nagar and getting down from the bus to Rajaji Nagar . The opposite party submits that after getting down from the bus by complainant the opposite parties were ready to help her but the complainant refused their offer to help her.
7. Here first of all we have to consider whether there is any negligence on the part of opposite parties for happening of the unfair incident . Here according to complainant she boarded the bus as per directions of 3rd opposite party. Even if for argument sake we can ignore that plea of the complainant. Even if the complainant boarded in a wrong bus it can be detected easily if the opposite party checked the ticket before the departure of the bus. DW1 deposed before the Forum that tickets must be checked before the departure of the bus . Here he failed to check the bus tickets at the starting point but failed to detect the mistake even after checking the ticket from Gandhi Nagar. If the mistake is found earlier the complainant can catch her right bus. This type of negligence on the part of opposite party constitute deficiency in their service.
8 Then we have to consider whether the opposite parties were ready to help the complainant after she getting down from the bus during late night? Here the only aim of the complainant is to reach her destination at Kasaragod. If the opposite parties ready to help her and if the Kasaragod bus is available within 5 minutes why should she intimated the fact to her relatives? That means the opposite parties were not helped her and that is why she intimated her relatives. Moreover the opposite party stated that within 5 minutes kasaragod bus will reach Rajaji Nagar. But the opposite party failed to produce the trip sheet of the bus. If the trip sheet is produced it will show the time when the bus starts its journey and at what time the Kasaragod bus will reach Rajaji Nagar . If the bus is available definitely the complainant will wait for the bus and she did not contact her relatives. The fact is at that time the kasaragod bus might be left Rajaji Nagar and the opposite party has not taken any steps to catch the kasaragod bus or to inform the kasaragod bus to wait and take the complainant to that bus. Leaving a young lady in a strange place at a strange time is not fair on the part of the opposite parties. They have to make alternative arrangements to catch kasaragod bus. Now a days ladies are getting much problems while travelling. Even in day time journey also women are not safe and they can not travel without fear. Atrocities against women are increasing day by day. The women are facing difficulties from some social elements of our societies while travelling. Recently in our state one young lady namely ‘Soumya’ was attacked and killed by one notorious criminal Ponnuchami during her train journey. There are may incidents like this nature. Here we can imagine the feelings of a young lady who faced such a situation during night. Fortunately nothing unfair happened . Here the complainant is an educated and having relatives at Bangalore, somehow adjusted the situation. Even otherwise what will be her fate? How can a lady survive from such situations? In such a situation the opposite parties have to provide services. The aim of doing business may not be making profits only but to provide service at least to their customers. Here also the opposite parties are expected to do some equity or social services or atleast expected to give some humanitarian considerations to the complainant. But the opposite parties failed to provide necessary services which they ought to provide in such a situation. On concluding the above facts we are of the opinion that there is deficiency in service on the part of opposite parties.
9. Then what is the order as to compensation for mental agony and sufferings. In this case we can not calculate the mental sufferings sustained by the complainant in terms of money. We can imagine the mental conditions of a lady during that situation. Here the Forum appreciated the complainant in questioning this type of unfair attitude of the opposite parties before a court of law. She is entitled for the compensation as prayed for.
Therefore the complaint is allowed and opposite parties are directed to pay `80,000/-(Rupees eighty thousand only) for mental agony and sufferings and `350/- towards ticket charges and 3000/- being the cost of the proceedings. Time for compliance is limited to 30 days from the date of receipt of copy of the order failing which opposite parties shall pay interest @ 9 for `80000/- from the date of complaint till payment.
Exts:
A1-counterfoil of the ticket
A2-taxi receipt
A3-copy of lawyer notice
A4-to A6-postal receipts
A7-to A9- acknowledgments
A10-visiting card of OP.3
PW1-Ashwitha.J.K-complainant
DW1-B.G.Umesh-witness of op
MEMBER MEMBER PRESIDENT
