DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.792 of 2016
Date of institution: 02.11.2016 Date of decision : 15.03.2018
1. Harish Lal son of Shri Nand Lal, Resident of Flat No.107, Yashashree chs, Plot No.55, Sector 8A, Airoli, Navi Mumbai 400708.
2. Kalpana Lal wife of Harish Lal, Resident of Flat No.107, Yashashree chs, Plot No.55, Sector 8A, Airoli, Navi Mumbai 400708.
…….Complainants
Versus
1. Ram Travel, SCF 1, First Floor, Anand Vihar, Near Tribune Colony, Zirakpur 140603 through its Director/Partner/ Manager/Proprietor/Authorised Signatory.
2. Shri Suresh Khatkar, H.No.150, Ravindra Enclave, Baltana, Dera Bassi 140507.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Shri Munish Goel, counsel for complainants.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainants along with their two daughters planned holiday from Mumbai to Chandigarh and Manali. Mr. Parmod Narang brother of the complainant No.2 resides at Chandigarh. Hotel at Manali in Himachal Pradesh was booked for the period from 17.11.2015 to 19.11.2015 through IBIBO Group by advance payment of Rs.9,444/-. Parmod Narang brother of complainant No.2 booked through OPs, a taxi from Chandigarh to Manali on agreed taxi fare amount of Rs.8,500/-. Hyundai Xcent car bearing registration number PB-01A-7603 along with driver was to be provided by the OPs at 10.30 P.M on 16.11.2015. Complainants called upon the OPs to send a non alcoholic driver, habitual of following proper traffic rules. OPs assured that the sent driver will be a trained one and complainants will not face any difficulty. Advance amount of Rs.2,000/- was paid to the OPs, out of the total settled amount of Rs.8,500/-. Complainants after lodging their luggage in boot space of the vehicle started their journey for Manali at 11.30 P.M on 16.11.2015 with instructions to the driver to drive the car carefully. However, despite asking the driver number of times to drive the car carefully, slowly and within limit of speed, he did not pay heed by claiming that he is to take some passengers at Manali at 9.00 A.M on 17.11.2015. When complainants alongwith their family reached Mandi – Sundernagar at about 4.30 AM on 17.11.2015 (date erroneously mentioned as 17.05.2015 in complaint), then the car in which complainants were travelling met with an accident. That accident was caused due to rash and negligent driving of car by its driver. Complainant No.1 sustained chest injuries, neck injury and other internal injuries, due to which he was taken to local hospital at Sunder Nagar. Complainant No.2 suffered serious external and internal injuries. Thereafter local residents took complainants to nearby hospital and after giving primary treatment for saving life of complainantNo.2, she was discharged. OPs have admitted their mistake at the site of accident and requested complainants for not lodging any complaint because doing so will spoil their career. OPs by taking benefit of compassion of complainants, took loan of Rs.5,000/- for repair of their vehicle because they were to return back to Chandigarh. Despite negligence of the driver, complainants helped by giving amount of Rs.5,000/- in cash on 17.11.2015. Complainants were taken to Kapoor’s Kidney and Uro Stone Centre Pvt. Ltd Sector 46-D, Chandigarh by above said Parmod Narang where amounts of Rs.650/- and Rs.600/- were paid as OPD charges. Dr. S. Ravjit Consultant after checking complainants prescribed number of medicines. Even X-ray of the chest from Faith Diagnostic Centre was got conducted by paying Rs.200/-. Complainants further went to Usha Diagnostic and Scan Centre for check up on 25.11.2015. Complainants returned back along with their family to Mumbai on 21.11.2015 with huge pain, agony and depression. Rs.9,444/- paid by the complainants for hotel booking at Manali was not returned back to the complainants. Rather said amount of Rs.9,444/- forfeited by the hotel concerned and loss of that amount was suffered by the complainants. Complainants through Parmod Narang called upon OPs to refund the received amount of Rs.7,000/-, but to no effect and as such this complaint for seeking refund of Rs.7,000/- with interest @ 24% per annum from the date of payment till refund. Compensation for mental harassment of Rs. 2 lakhs, but litigation expenses of Rs. 33,000/- more claimed. In addition to that, amount of Rs.36,270.68 NP claimed as expenditure required to be incurred for travelling from Mumbai to Delhi; Delhi to Chandigarh; Delhi to Mumbai; Chandigarh to Delhi and Rs.2,035.48 NP as the expenses incurred on treatment in hospital and purchase of medicine.
2. OPs are ex-parte in this case.
3. Complainants to prove their case tendered in evidence affidavit Ex.CW-1/1 of complainant No.1; Ex.CW-1/2 of complainant No.2; Ex.CW-1/3 of Parmod Narang alongwith documents Ex.C-1 to Ex.C-23 and thereafter closed evidence.
4. Written arguments already submitted by the complainants. Oral arguments heard and records gone through.
5. Unrebutted statements of Harish Lal, Smt. Kalpana Lal and Parmod Narang through their affidavits Ex.CW-1/1 to Ex.CW-1/3 establishes that complainants for travelling to Manali in HP availed services of taxi from OPs through Parmod Narang by paying advance amount of Rs.2,000/-. It is borne from the contents of these affidavits that OPs assured as if an experienced driver will be sent, who will drive the vehicle properly. However, Hyundai car sent by the OPs met with an accident on 17.11.2015 because of rash and negligent driving of this car resulting in injuries to complainants, due to which they got treatment from local hospital and then from Dr. S.Ravjit and as such it is contended that virtually deficient services provided by the OPs. FIR regarding act of rash and negligent driving was not lodged because of the assertion of the OPs that lodging of same will mar their career, as per case of the complainants. That plea taken in the complaint and in the affidavits cannot be said to be false, more so when photostat copies of photographs placed on record as Ex. C-4 to Ex. C-8 establishes that fault exclusively was of driver of the car in which complainants were travelling because front potion of the car went underneath a truck in its middle, when it was going on road. Had the car in question being driven with due care and caution, then accident would not have taken place in the manner reflected in photograph Ex.C-4. In view of negligent driving of the car in question by its driver, certainly complainants suffered loss on account of sustained injuries. Record of treatment and purchase of medicine etc. produced as Ex.C-9 to Ex.C-20. Total amount spent on purchase of medicines or of getting X-ray conducted claimed as Rs.2,035.48 NP through Para No.24 of the complaint and the corresponding Para of the submitted affidavit and as such certainly complainants entitled to refund of this amount of Rs.2,036/-. Accident took place due to deficient services provided by the OPs and as such refund of this amount of Rs.2,036/- is warranted.
6. It is case of the complainants that they paid Rs.2,000/- as advance, but Rs.5,000/- on account of loan for repair of vehicle. For recovery of loan amount, proceedings of this Forum cannot be used because recovery of loan amount is permissible through process of civil court alone. So complainants entitled for refund of paid advance amount of Rs.2,000/- in addition to the above referred amount of Rs.2,036/-.
7. Besides complainants got booked hotel rooms at Manali for the period from 17.11.2015 to 19.11.2015 by paying Rs.9,444/- as reflected by booking voucher Ex.C-3 and as such complainants entitled for refund of this amount of Rs.9,444/- also because the said amount stood lost by the complainants due to faulty or negligent driving of the car/taxi hired by them from OPs. So complainants becomes entitled to amount of Rs.13,480/- in all i.e. Rs.2,000/- as advance amount already given; Rs.9,444/- forfeited booking amount for hiring hotel rooms and Rs.2,036/- on account of expenditure incurred on treatment.
8. Complainants are also seeking refund of amount of travelling cost from Mumbai to Delhi; Delhi to Chandigarh; Delhi to Mumbai and Chandigarh to Delhi by making averments in Para No.24 of the complaint. Perusal of Ex.C-1 reveals that complainants were to board from Mumbai in a train for journey to New Delhi on 10.11.2015. Perusal of Ex.C-2 reveals that complainants were to board train from New Delhi to Mumbai on 21.11.2015, but accident in question took place on 17.11.2015. Accident in question took place after complainants travelled from Mumbai to Delhi through reservation got conducted through voucher Ex.C-1. Accident took place during journey of complainants through taxi/car from Chandigarh to Manali and as such accident occurred after the scheduled boarding mentioned in Ex.C-1. So virtually complainants seeking damages even for the amount, which they had to spent for their journey from Mumbai to New Delhi and Chandigarh, which is totally unconnected with the act of providing deficient services resulting in accident on 17.11.2015. Remote damages can never be provided. Moreover, if the complainants were to board from New Delhi to Mumbai on 21.11.2015 as reflected through Ex.C-2, then there was enough time with them for getting reservation cancelled after having met with an accident on 17.11.2015 through Parmod Narang, brother of complainant No.2 or somebody else in the family. On getting of these tickets cancelled, complainants would have been able to receive back the booking amount of e-booking regarding which electronic reservation slip Ex.C-2 is issued. As complainants are seeking damages un-connected with the event of accident in question resulting in injuries to them, and as such they are not entitled for any amount of expenses required for their journey from Delhi to Mumbai or Mumbai to Chandigarh or from Chandigarh to Delhi or from Delhi to Chandigarh. However, complainants were required to engage taxi for reaching at Chandigarh from spot of accident and as such they would have spent about Rs.3,000/- for that purpose. For the sustained injuries, complainants bound to suffer mental agony and harassment and as such fitness of things warrants that an amount of Rs.10,000/- inclusive of amount of expenses required for hiring car/taxi from spot of accident to Chandigarh should be allowed. Rs.4,000/- more allowed as costs of litigation by keeping in view the fact that the OPs have not come to contest this complaint.
9. As a sequel of above discussion, the complaint allowed in terms that OPs will return Rs. 2,000/- to the complainants charged fair along with compensation on account of forfeiture of hotel booking amount of Rs.9,444/- plus Rs.2,036/- borne as treatment expenditure. So total amount of Rs. 13,480/- under these heads in all will be payable within 40 days from the date of receipt of copy of the order. In case this amount of Rs.13,480/- in aggregate not paid within 40 days, then complainants will be entitled to interest @ 6% P.A. from today till recovery . Compensation for mental agony and harassment of Rs.10,000/- and litigation expenses of Rs.4,000/- more allowed in favour of complainant and against OPs. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Liability of both OPs adjudged as joint and several. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
March 15, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
