Date of Filing:13.11.2007<br /> Date of Order: 31.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 31ST DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 2260 OF 2007 <br /> <br /> Peter.P.A,<br /> Parambaloth House, <br /> Manikath Road,<br /> Pallimukhu P.O, Kochi,<br /> Ernakulam District,<br /> Kerala. Complainant<br /> <br /> V/S<br /> National Travels,<br /> No.18/1, Near Sanghom Theatre,<br /> Tank Bund Road,<br /> Bangalore-560009,<br /> Represented by its Manager. Opposite Party<br /> <br /> <br /> <br /> ORDER<br /> By the President:- <br /> <br /> This complaint is filed U/Sec. 12 of the Consumer Protection Act, 1986.<br /> The facts of the case are that, the opposite party is a tour operator in Bangalore. The complainant had booked 4 tickets from Bangalore to Ernakulam (Kerala) with the opposite party. The date of journey was 22/12/2006. The complainant and his wife were on Honeymoon trip. They had to return to Kochi prior to Christmas which fell on 25/12/2006. The wife of complainant Smt. Tintu had to attend her first semester examination on 26/12/2006 and she had to avail hall ticket on 23/12/2006 from her College at Ernakulam as 24/12/2006 as Sunday and 25/12/2006 was Christmas Holiday. The complainant was informed by the opposite party that the bus proposed to leave on 22/12/2006 has suffered some engine problem and it is not possible to arrange another bus. Immediately the complainant approached the opposite party and he was informed by one Mr. Kumar there that the complainant may go and meet one Mr. Basha at Kalasipalyam and the said Basha will arrange ticket for the complainant. On reaching Kalasipalyam, the complainant was asked to go to Madiwala. When the complainant reached Madiwala, he was again asked to go to Kalasipalyam. On reaching Kalasipalyam, no one arranged tickets for the complainant and his family members. The complainant understood that he was being taken for a ride by the opposite party as is evidenced by the fact that the opposite party was taking bookings for tickets to Kochi even on 21/12/2007 morning. The complainant understands that the tickets booked by him were given to some other persons at a higher rate. The complainant, his wife, his sister and brother-in-law were put to great inconvenience and hardships. They had to spend Rs.1,250/- towards taxi fare alone for traveling around Bangalore, which caused inconvenience and monitory loss and injury to the complainant. The complainant was deceived and cheated by the opposite party. The opposite party had transferred the tickets to some other persons by receiving a higher amount considering the fact that the week prior to Christmas is a peak time for tour and travel agents, it is difficult to get bus tickets to Kerala. The complainant had preferred a complaint to the Sub Inspector of Police, Upparpet Police Station at Bangalore on 22/12/2006 itself. But no action was taken by the Police against the opposite party so far. The complainant contacted his residence at Kochi and his parents arranged a taxi Qualis Van and the complainant, his wife, his sister and brother-in-law came back to Kochin in the said taxi van. The complainant had to pay an amount of Rs. 8,700/- towards the taxi fare charges. The complainant estimates Rs.50,000/- towards damages for mental agony, suffering hardship, inconvenience and financial loss. Hence, the complaint. <br /> 2. Notice was issued to opposite party. The same was served by RPAD. In spite of service of notice the opposite party has not appeared and contested the matter. Therefore, the opposite party has placed exparte. <br /> 3. Affidavit evidence of the complainant filed. Arguments are heard. <br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency of service on the part of the opposite party? <br /> 2. Whether the complainant is entitled for compensation?<br /> <br /> <br /> <br /> <br /> REASONS<br /> 5. I have gone through the complaint, affidavit and documents. The complainant has produced the original ticket purchased from the opposite party. The complainant had booked 4 seats from Bangalore to Ernakulam. The date of journey was on 22/12/2006. The complainant has paid Rs.3,400/- to the opposite party. The complainant has also produced the copy of complaint given to P.S.I, Upparpet Police Station, Bangalore. He has narrated the facts in his complaint. The complainant has produced the receipt for Rs.8,700/- in respect of Qualis vehicle. It is the case of the complainant that, the opposite party cancelled the bus on 22/12/2006 on the ground that there was some engine problem to the bus and it was not possible to arrange another bus and it is the case of the complainant that the opposite party has not made any alternative arrangement for his travel. Therefore, he contacted the parents and they arranged a Qualis Taxi and the complainant, his wife, his sister and brother-in-law went back to Kochi in the Taxi by paying Rs.8,700/- as Taxi fare. The allegations made by the complainant in his complaint have gone unchallenged. The complainant has narrated in detail all the facts and circumstances. The complainant has narrated as to how he suffered mental agony, tension and inconvenience on account of sudden cancellation of the bus service by the National Travels. The opposite party though served with notice has not appeared and contested the matter. It appears that the opposite party has no defense to make that’s why the opposite party remained absent. There is absolutely nothing to show that the case made out by the complainant shall not be accepted as true and correct. The facts narrated by the complainant in his detail complaint have gone unchallenged. Therefore, I have to accept the complaint and the complainant is entitled for the relief. It is unfortunate on the part of the opposite party that even after booking of the seats and payment of amount the opposite party could not make alternative arrangement and it had suddenly cancelled the trip and bus service thereby, the complainant, his wife, his sister and brother-in-law became upset and their future plan and programme disturbed. It is the duty of the service provider to see that the customers are not put to inconvenience and trouble. The Consumer Protection Act is enacted to safeguard the better interest of the consumers. On the facts and circumstances of the case, there was definitely a deficiency in service on the part of the opposite party. Therefore, the complainant shall be suitably compensated on account of mental agony, tension, inconvenience caused to him. The complainant is entitled to refund of Rs. 3,400/- paid to the opposite party and is also entitled for the costs of the litigation and also he shall be suitably compensated for all the tension, mental agony suffered by him. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.3,400/- to the complainant. The opposite party is also directed to pay a sum of Rs. 15,000/- as compensation to the complainant for mental agony and inconvenience. The opposite party is also directed to pay Rs.2,000/- towards costs of the present proceedings to the complainant. The opposite party is directed to pay the amount as ordered above within 30 days from the date of this order. <br /> <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> <br /> 8. Pronounced in the Open Forum on this 31ST DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> <br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br />