Date of Filing : 28/12/2016

Order No.  11  dt.  02/01/2018

            Fact of the case according to the complainant in brief is that complainant booked one Olashare cabthrough her husband’s mobile app for travelling from 157/A Lenin Sarani to Malapara, Jorasanko, Kolkata on 05.11.2016 at 5.52 P.M. Complainant boarded the cab along with her one year daughter from S.N.Banerjee Road, Kolkata as the driver refused to pick up her from Lenin Sarani. Immediately after boarding driver collected the fare of Rs.72/-with receipt no.S10253889079 from the complainant. Driver already picked up another passenger to drop him to Howrah AC Market. On route near ChandniChawk  the driver picked up other two passengers who were also to be carried to Howrah AC Market.  Therefore, all the passengers except the complainant were to be transported  to the same destination, Howrah AC Market. Then the driver for the sake of his own interest informed the complainant that he would not go to Malapara, Jorasanko and refused to give any explanation for that. The complainant apprised the driver that it would be difficult for her to look for another cab. The driver did pay no heed to the approach of the out going passenger. Having no other alternative complainant get down from the cab with her one year old daughter and a luggage. After waiting for 20 minutes she managed to procure a taxi for her journey. Complainant informed the matter to her husband who then lodged a complaint through email. In response to this complaint o.p. informed that they had taken appropriate action against the driver. On 06.12.2016 o.p. issued a legal notice to look into the matter of appropriate action and claimed refund of fare of Rs.72/- along with compensation for harassment suffered by the complainant and claimed written apology from the said driver within 7 days from the receipt of the said notice. In spite of receipt of the said notice the o.p. did not take any steps to redress thegrievance of the complainant. Finding no other alternative  complainant lodged this complaint seeking direction upon the o.p. for refund of the fare of Rs.72/- together with compensation of Rs.10,000/- for harassment and mental agony and litigation cost of Rs.5,000/-.

            O.p. contested the case by submitting w/v. Ld. Lawyer of the o.p. argued that the instant complaint had been filed by the complainant with ulterior motive concealing the facts. Ld. Lawyer of the o.p. submitted that the incident had occurred in between the driver and the complainant and not in presence of the answering o.p. and moreover the said driver had not been made a party to this case to contradict or to corroborate the case of the complainant. O.p. further stated that as per the oral version of the driver complainant right from the boarding of the cab had been picking up quarrel with fellow passenger and also with the driver. The problem broke up from the very beginning of the journey as the luggage of the complainant was large for a single person to carry. Therefore the driver had to adjust the luggage in the cab without considering the problem of fellow passengers. Again the driver had no knowledge about the luggage of the complainant and child with her. Driver was very much polite and tried to convince the complainant but she refused to adjust and was very much adamant. On reaching Chandey Chawk station 2 passengers who had previously booked the cab were waiting to board the cab but the complainant refused to allow them inside the cab and picked up quarrel with them. On repeated request by the driver and the passengers the problem got temporarily sorted out and the journey continued. Subsequently, complainant left the cab voluntarily.She had not been forced or requested to get down from the said cab by the driver and moreover whether she had to wait for 20 minutes or not, couldnot be commented upon by the o.p. as it was beyond his knowledge.

            The instant complaint as has been filed by the complainant is false, baseless and misconceived one so as such the complainant is not entitled to get the relief as prayed for. The instant case is liable to be dismissed with exemplary cost.

   Decision with reasons:-

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

                        From the submission of the respective parties and evidences on record it is evident that complainant booked one Ola share cab through her husband’s mobile app for travelling from 157/A Lenin Sarani to Malapara, Jorasanko, Kolkata on 05.11.2016 at 5.52 P.M. Complainant boarded the cab along with her one year daughter. Immediately after boarding, driver collected the fare of Rs.72/- from the complainant. Driver already picked up another passenger meant for Howrah AC Market. At Chandni Chawk  the driver picked up  two more passengers who were to go to Howrah AC Market.  Therefore, all the passengers except the complainant were for the same destination ie, Howrah AC Market. It is also evident that complainant had to get down from the cab with her one year old daughter and a luggage.

            It is admitted in the w/v by the o.p. that driver did not know whether complainant had to wait for another 20 minutes or more after dropping her down from the cab with her one year  child and a luggage on the road in the evening .It is also admitted fact that complainant had booked a seat through mobile app and paid the fare of Rs.72/- immediately after boarding on the cab. It is also customary that two passengers were to drop down at Howrah A.C.Market after dropping down the passenger who had booked earlier for her destination at Malapara, Jorasanko, Kolkata. But unfeelingly & uncaringly she had been dropped out.  Driver had given utmost importance to other passengers ignoring a lady passenger having a child with her in one hand and a luggage in another.Dropping her behind driver left the place for giving service to the valuable passengers with him. This act on the part of the service provider is very much undesirable and unexpected against a assured service which had been paid in full.

            With the above points in view we hold that there was deficiency in service on the part of the driver of the o.p. Therefore complainant is entitled to get relief. Thus all the points are disposed of accordingly.

            Hence, it is ordered,

that the case no.535/2016 is allowed on contest against the o.p. The o.p is directed to refund the fare of the cab of Rs.72/- (Rupees seventy-two) only to the complainant along with compensation of Rs.500/-( Rupees five hundred ) only and litigation cost of Rs.500/-( Rupees five hundred) only within 30 days from the date of this order i.d., an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.