IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of July, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 109/2012 (Filed on 12.06.2012)
Between:
Hariharan, aged 60,
Kizhakkadathu Veedu,
Puthoor, Kollam District,
Pin – 691 507. … Complainant.
And:
Proprietor,
Lekshmi & Malooty Groups-
Travels, Manampuzha P.O.,
Kadampanadu South,
Pathanamthitta District. … Opposite party.
ORDER
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that the marriage of his son Gopakumar was decided to be held on 03.05.2012 at Sreerangam Auditorium, Thirunakkara, Kottayam. For taking the invitees to Kottayam for the said marriage, complainant’s son booked 3 tourist buses of the opposite party and paid ` 3,000 as advance on 02.02.2012 and executed an agreement for the same. Thereafter on 04.04.2012 and 02.05.2012 also the complainant contacted the opposite party about the buses and regarding the payment of the balance amount. Then also, the opposite party told that the buses will reached by 6 a.m. on 03.05.2012 at the house of the complainant and the balance amount is required only after the marriage ceremony. But on 03.05.2012 at 6 a.m., only one bus reached the house of the complainant in spite of the booking for 3 buses. On enquiry, the driver of the bus reached there told the complainant that he is not aware of the remaining buses. Immediately, certain persons are sent by the complainant to the office of the opposite party. But the office was closed and there was no response from the telephone of the opposite party when he was called. About 150 invitees are there and because of the above said act of the opposite party, the complainant had sustained severe mental agony and financial loss and the complainant was compelled to hire other vehicles by paying huge amount as rent. Later it was realized that the 2 buses booked by the complainant was sent by the opposite party to other marriage parties for higher charges. The complainant’s loss and damages due to the illegal act of the opposite party is quantified as ` 3,00,000 and the opposite party is liable to pay the same. Hence this complaint for the realization of ` 3,00,000 from the opposite party for the deficiency of service committed by the opposite party.
3. In this case, opposite party is exparte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the proof affidavit of the complaint and Ext. A1. After closure of evidence, the complainant was heard.
6. The Point: The complainant’s case is that he had booked 3 tourist buses of the opposite party for taking the invitees to the marriage of his son Gopakumar to be held on 03.05.2012 at Thirunakkara, Kottayam by paying an advance of ` 3,000 to the opposite party. Opposite party also agreed to provide 3 buses on that day. But he had sent only one bus at the fixed time. So the complainant was compelled to arrange other vehicles for taking the invitees to Kottayam by paying huge amount as rent. The above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same.
7. In order to prove the case of the complainant, the complainant had filed a proof affidavit along with one document. On the basis of the proof affidavit, the document produced by the complainant is marked as Ext. A1. Ext. A1 is the copy of the booking order No. 68 dated 02.02.2012 issued by the opposite party in the name of the complainant’s son regarding the booking of 3 tourist buses for 03.05.2012.
8. In this case, opposite party has not turned up for contesting the case and he is exparte.
9. On the basis of the available materials on record and since the opposite party is exparte, the complainant’s allegations against the opposite party stands proved as unchallenged. The act of the opposite party in not providing the booked vehicles to the complainant as per the terms and conditions of Ext. A1 booking order form, is a grave deficiency in service and because of the said deficiency in service, complainant was put to irreparable injury and loss and the opposite party is liable to the complainant for the same. Therefore, we find that this complaint is allowable. However, the complainant has not adduced any evidence to substantiate his claim for ` 3 lakhs. In the circumstances, this complaint can be allowed partly.
10. In the result, this complaint is allowed partly, thereby the opposite party is directed to pay an amount of ` 50,000 (Rupees Fifty thousand only) to the complainant as compensation along with cost of ` 1,000 (Rupees One thousand only) within 10 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of the whole amount.
Dictated to the Confidential Assistant, transcribed and typed by him, corrected by me and pronounced in the Open Forum on this the 27th day of July, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant:
A1 : Photocopy of the booking order form dated 02.02.2012
issued by the opposite party to the complainant’s son.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Hariharan, Kizhakkadathu Veedu, Puthoor,
Kollam District, Pin – 691 507. (2) Proprietor, Lekshmi & Malooty Groups Travels,
Manampuzha P.O., Kadampanadu South,
Pathanamthitta District.
(3) The Stock File.
