Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 307
Instituted on : 23.05.2022
Decided on : 15.05.2024.
Sushma Narwal age 34 years, daughter of Sh. Prem Singh Narwal r/o House no.1674/22, Shri Nagar Colony, Rohtak.
………..Complainant.
Vs.
- Ramdev Tour & Travels, 7, Shri Hari Complex, Ambica Nagar Kalol,(Below Neptune Hotyel) Ahmedabad Mehsana Highway, Kalol, Gandhinagar-382721 (Gujarat) through its competent Authority.
- Redbus India, (Ibibo group Pvt. Ltd.) 5th Floor, #23 Old Airport Road, HAL 2nd Stage Kodhihalli Village, Varthur Hobli, Ward No.74, Bengaluru, Karnataka-560008 through its Competent Authority.
…….Respondents/Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh.Sumit Hooda, Advocate for the complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that on 14.04.2022 she booked an online bus tickets for travelling from Abu Road to Delhi by Ram Dev Tour & Travels(respondent no.1) through respondent no.2 vide ticket no.TR5D31194034 and received by email which were scheduled to depart on 16.04.2022 at 6:25 PM. The payment of Rs.2727.90 was credited to opposite party No.2 by debit card. Complainant alongwith her mother reached the boarding point i.e. Madhav University on National highway at 6:10PM and called the bus operator service number given on tickets to know the location and contact number of bus driver. After receiving the number, complainant called many times at the mobile number but there was no response. Thereafter complainant again contacted the bus operator service number and they informed that the bus was delay due to technical fault and it will arrive there till 8:00P:M. After waiting for two hours, complainant again tried to contact the bus driver &bus operator but their numbers were switched off. The complainant contacted the opposite party no.2 and it was informed to the complainant at 8:42 PM that the bus was cancelled. Thereafter after many efforts and requests, one unknown person dropped the complainant with her mother at the bus stand at 9:30PM .The complainant travelled by 3 buses waiting at different bus stands during night hours and reached her destination at 7:00PM on the next day i.e. 17.04.2022 in a depressive state of mind. The complainant received a call at 12:20 AM on 17.04.2022 from bus driver of Ramdev Tour & Travels through mobile number 9149681661 for picking her from the boarding point. The bus was not cancelled. The respondent no.2 also gave wrong information regarding cancellation of bus to the complainant. Complainant is an advocate and due to delay in reaching at her destination, she could not attend the meeting with clients on 17.04.2020 at 2:20PM regarding a case, due to which they hired an another advocate for their case, which caused financial loss to the complainant. Complainant requested the opposite party No.2 to refund the amount of tickets but they asked to refund only Rupees One thousand only. After that call there was no response from that side. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount of bus tickets of Rs.2727.90/- paid to respondent no.2 and Rs.2000/- paid to different buses for purchasing of tickets, alongwith interest @ 18% p.a. from its accrual till its actual realisation, to pay Rs.50000/- as compensation on account of deficiency in service and Rs.25000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties through registered post but the same were not received back either served or unserved. However the track report showed that the “item delivery confirmed”. But none appeared on behalf of opposite parties. As such opposite party No.1 & 2 were proceeded against exparte vide order dated 21.02.2023 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and closed his evidence on 11.09.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by the complainant. As per email Ex.C1 complainant had booked two tickets on 16.04.2022 at 06:25PM for boarding point Abu Road to Delhi and paid Rs.2829.90 for herself and her mother Jaswanti. As per debit card details, she paid an amount of Rs.2727.90 to Redbus i.e. opposite party No.2. As per complaint and affidavit filed by the complainant, the bus was scheduled to depart at 6:25PM but the bus did not reach at the boarding point and she made so many calls to the bus operator service number as well as to the driver of bus but they did not respond properly and told the complainant that it will reach at 8:00PM.. After waiting for 2 ½ hours, she was told by opposite party no.2 that the bus was cancelled. Due to which complainant had to travel through different buses as there was no direct bus from Abu Road to Delhi and they reached at their destination at 7:00PM on the next day. To prove the same, complainant has also placed on record call details Ex.C3, copy of messages regarding bus cancellation issue Ex.C4 and copy of incoming call detail Ex.C6. Hence due to not reaching the bus at the boarding point within time and giving wrong information of cancellation of bus the complainant had to wait for a long time and had to travel by other different vehicles at night and had reached her home very late. Hence there is deficiency in service on the part of opposite parties, due to which complainant has suffered mental agony, harassment as well as financial loss due to travel by other vehicles. On the other hand, opposite parties did not appear despite service and as such it is presumed that they have nothing to say in the matter and all the allegations levelled by the complainant against the opposite parties stands proved. As such opposite parties are liable to refund the amount of booking of tickets alongwith interest and compensation to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no.1 & 2 to refund the amount of Rs.2728/-(Rupees two thousand seven hundred and twenty eight only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 23.05.2022 till its realisation and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.05.2024.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
