Tamil Nadu

South Chennai

CC/384/2013

Syed Ali - Complainant(s)

Versus

Parveen Travels (P) Ltd., - Opp.Party(s)

K.Jaganathan

03 May 2018

ORDER

                                                                        Date of Filing  : 21.11.2013

                                                                          Date of Order : 03.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.384 /2013

DATED THIS THURSDAY THE 03^RD DAY OF MAY 2018

                                 

Mr. Syed Ali,

S/o. Mr. Haja Moidin,

No.320, ‘N’ Block,

25^th Street, Anna Nagar East,

Near Lotus Colony,

Chennai – 600 102.                                               .. Complainant.                                                         ..Versus..

1. The Manager,

M/s. Parveen Travels (P) Ltd.,

Impala complex,

No.11/5, Kenneth Lane,

Egmore,

Chennai -600 008.

 

2.  The Managing Director,

AB Towers,

No.148, Perambur Barracks Road,

Purasawakkam,

Chennai – 600 007.                                              ..  Opposite parties.

          

Counsel for Complainant         :  M/s. K. Jaganathan & another

Counsel for Opposite parties  :  M/s. Perumal & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to pay a sum of Rs.50,000/- towards compensation for negligence and mental agony to pay the cost of the complaint.

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

The  complainant submits that he booked two tickets to travel from Chennai to Pudukottai in Volvo Air - Conditioned bus belonged to the opposite parties on payment of Rs.1,340/- for the journey dated:19.09.2013.  The complainant submits that he boarded the bus at Egmore, while travelling in the bus on 20.09.2013 at about 2.00 a.m., when the bus was nearing Perambalur the engine of the bus developed an engine snag and stopped in the middle of the forest.  The driver and conductor of the opposite parties’ bus assured the passengers that they are organizing a vehicle  to continue the journey.   But the opposite parties have not made any alternative arrangement for 1½ hours in the dark night on the road side with luggages wherein the mosquitoes and various insects were bitten.  The opposite parties stopped a non a/c ordinary bus from Chennai to Madurai bearing Registration No.PY-01-6799 and asked the passengers to board the bus wherein no seats available.  The complainant and other passengers were compelled to travel in the bus on standing position even under protest.  The opposite parties’ bus driver and conductor threatened the passengers and complainant that they will de-board from the bus also in the said midnight which caused great inconvience, sufferings, mental agony.   Further the complainant submits that the opposite parties wantonly and negligently refused to provide suitable alternative bus for travel and refused to refund the amount which amounts to deficiency in service.   Hence the complaint is filed.

  2.   The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The opposite parties state that the complainant booked the ticket and travelled in the opposite parties’ bus.   While travelling, the bus developed engine snag resulting that the driver stopped the bus at the parking place and asked the passengers to be in the bus till an alternative arrangement made.  Further the opposite parties state that, some of the passengers asked to board the next upcoming bus to reach Trichy.  But majority of the passengers, boarded in the next upcoming Volvo bus.   Further the opposite parties state that, the development of engine snag in the running bus is the act of God for which, the opposite parties cannot be held liable.  Further the opposite parties state that, more than 30 passengers  travelled on the date of incident were provided available efficient service.  Except this complainant, all other passengers are fully satisfied.   Further the opposite parties state that the complainant adamantly threatened the bus crew to take the passengers from Trichy to Pudukottai on the available bus.  Further the opposite parties state that the compensation claimed is imaginary and exorbitant.   There is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and document Ex.A1 is marked.  Proof affidavit of the opposite parties filed and no documents filed and marked on the side of the opposite parties.

4.     The point of consideration is:-

Whether the complainant is entitled to a sum of Rs.50,000/-towards compensation for negligence and mental agony as prayed for with cost?

5.     On point:-

Heard both sides.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  Admittedly, the complainant booked two tickets to travel from Chennai to Pudukottai in Volvo Air - Conditioned bus belonged to the opposite parties on payment of Rs.1,340/- as per Ex.A1 for the journey dated:19.09.2013.  The complainant contended that he boarded the bus at Egmore; while travelling in the bus on 20.09.2013, at about 2.00 a.m., when the bus was nearing Perambalur the engine of the bus developed an engine snag and stopped in the middle of the forest.  The driver and conductor of the opposite parties’ bus assured the passengers that they are organizing a vehicle  to continue the journey.   But the opposite parties have not made any alternative arrangement for 1½ hours in the dark night on the road side with luggages wherein the mosquitoes and various insects were bitten.  The opposite parties stopped a non a/c ordinary bus from Chennai to Madurai bearing Registration No.PY-01-6799 and asked the passengers to board the bus wherein no seats available. The complainant and other passengers were compelled to travel in the bus on standing position even under protest.  The opposite parties’ bus driver and conductor threatened the passengers and complainant that they will de-board from the bus also in the said midnight which caused great inconvenience, sufferings and mental agony.   

6.     Further the learned Counsel for the complainant contended that the opposite parties wantonly and negligently refused to provide suitable alternative bus for travel and refused to refund the amount which amounts to deficiency in service.   The complainant is claiming a sum of Rs.50,000/- towards compensation for such act of the opposite parties.  But the complainant has not proved the claim in such scientific manner.   

7.     The learned Counsel for the opposite parties contended that admittedly, the complainant booked the ticket and travelled in the opposite parties’ bus.   While travelling, the bus developed engine snag resulting that the driver stopped the bus at the parking place and asked the passengers to be in the bus till an alternative arrangement made  proves that there shall be suffocation inside the bus with the passengers since the engine admittedly stopped. Further the contention of the opposite parties is that, some of the passengers asked to board the next upcoming bus to reach Trichy.  But majority of the passengers, boarded in the next upcoming Volvo bus.  But no such Volvo bus stopped at that odd hours. 

8.     Further the contention of the opposite parties is that, the development of engine snag in the running bus is the act of God for which, the opposite parties cannot be held liable.  Further the contention of the opposite parties is that, more than 30 passengers were travelled on the date of incident were provided available efficient service.   Except this complainant, all other passengers are fully satisfied.  But no document produced before this Forum for such satisfactory report.  Further the contention of the opposite parties is that the complainant adamantly threatened the bus crew to take the passengers from Trichy to Pudukottai on the available bus is not acceptable which is against the pleading and evidence of the complainant without proof.  Further the contention of the opposite parties is that the compensation claimed is imaginary and exorbitant.   The complainant has not proved the basis for the amount of compensation claimed.  Considering the facts and circumstances of the case this Forum is of the considered view that, the opposite parties shall pay a sum of Rs.10,000/- towards compensation for mental agony with  cost of Rs.5,000/- to the complainant.

        In the result, this complaint is allowed in part.  The  opposite parties 1 & 2 are jointly and severally directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this 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 President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd  day of May 2018. 

 

MEMBER –I                                                                     PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1

18.09.2013

Copy of bus ticket of the complainant from Chennai to Pudukottai

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                     PRESIDENT