Tamil Nadu

South Chennai

CC/42/2022

D. Anithamani - Complainant(s)

Versus

Redbus India Corporate Office, Represented by its Manger and 2 others - Opp.Party(s)

M/s. D. Ashok Kumar

02 Dec 2022

ORDER

                                                                                                                                              Date of Complaint Filed : 01.11.2021

                                                                                                                                              Date of Reservation       :16.11.2022

                                                                                                                                              Date of Order               : 02.12.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                     THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                    THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No. 42/2022

FRIDAY, THE 2^nd DAY OF DECEMBER 2022

 

D.Anithamani (F/35 years),

D/o Deivasigamani,

No.31/20, NSK 1^stStreet,

Nehru Nagar,

Velacherry,

Chennai-600 042.                                                                                                                           ...Complainant

-Vs-

1.Represented by its Manager,

Redbus India Corporate Office,

3^rdFloor Karle Premium,

No.1, Old Airport Road,

Opp. Manipal Hospital,

Bangalore-560008.

 

2.The Manager,

Redbus,

Door No.101, 3^rdFloor,

Classic Towers,

1547, Trichy road,

Coimbatore-641018.

 

3.The Managing Director,

Sri Krishna Travels,

Shop No.2,Koyambedu,

Chennai.                                                                                                                                                       ...Opposite parties

******

Counsel for the Complainant                :M/s. D.Ashok Kumar

Counsel for the Opposite Parties 1 & 3   :Exparte

Counsel for the 2^nd Opposite Party        : Givenup

 

        On perusal of records, and having heard the oral arguments of the Counsel for the Complainant we delivered the following:

ORDER

Pronounced by the Member-I, Thiru. T.R.Sivakumhar, B.A., B.L.,

1.     The Complainant has filed this complaint as against the Opposite Parties under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Parties to pay a sum of Rs.2,50,000/- for deficiency and negligence in service on the part of the Opposite Parties along with ticket cost of Rs.540/- and to pay a sum of Rs.1,00,000/- as compensation for the mental agony and severe hardship caused to the Complainant along with cost of Rs.25,000/-.

2.     The averments of Complaint in brief are as follows:-

        On 02.12.2020, the Complainant decided to go to Chennai by bus from Coimbatore. Thinking that the 1^st Opposite Party would provide excellent and safest bus service, she booked a ticket through 1^stOpposite Party online website and had received an e-mail booking message from 1^st Opposite Party and she has been allotted with Ticket No.TPCV93485852, PNR D57FTD68, seat No.UB4, the departure time mentioned as 10.50 PM on 2^nd December, 2020 in the 3^rdOpposite Party bus. The cost of the was Rs.540 (Gandhipuram to Chennai). She had also received a confirmation message from the 3^rdOpposite Party, mentioning driver name and bus bearing Registration number NL 01 B 1272. She decided to travel along with her 4 year old male child namely Devdarshan. As per 3^rd Opposite Party’s journey details mentioned in the website that children above the age of 5 will need a ticket, as her son was below 5 years, she did not have to take a separate ticket for him. On 2^nd December, 2020 as per schedule, she along with her son was waiting at Gandhipuram for the 3^rdOpposite Party bus. The 3^rd Opposite Party bus namely Arivazhagi (also mentioned in the front of bus as "Amman Radham") arrived. When she was about to enter into the bus, utter shock and surprise, she was stopped from entering into the bus by the staff of 3^rd Opposite Party, When she questioned about the same, the staff of the 3^rd Opposite Party stated that only if she accept to another seat rather than sitting on the allotted seat, she would not be permitted to enter the bus along with her son. She had refused to alternative seat as it was not safest for her and her son. When she insisted to allow her to enter into the bus and occupy the seat that was booked by her, the staff of the 3^rd Opposite Party in rude manner refused and asked her to contact customer care of 3^rdOpposite Party. At about 09.44 p.m., alone with the child, with no other go, she had contacted 3^rdOpposite Party's customer care service to its number 8098996950. To her utter shock and dismay, when she contacted the above said number, the person who attended the call, without any decency manner asked her "pakkathula ambalaiya padukka vecha ok va" (Is it okay, if a male person sleeping along with you). She after hearing un-parliamentary and obscene words, she could not speak with him anymore and started to cry. Again when she requested to the 3^rd Opposite Party staffs to consider her situation and being a woman, un-time, with the child in late night, but they simply refused to enter into the bus. The bus started without allowing her to enter into the bus. The acts of the 3^rd Opposite Party is clear case of negligence and deficiency in service on their part. She was put into great peril but somehow she managed and came to Chennai with great difficulties. Further the Complainant was not able to reach her destination on time and all her plans and schedule were changed and she missed an important opportunities because of the same. The opposite parties are liable to the same and they have to pay compensation to the Complainant. It is very shame and indecent incident which had happened to a woman in Tamil Nadu. When she had also contacted to customer care of the 1^stOpposite Party, but they did not respond properly even till date. Neither the 1" Opposite Party nor the 3^rd Opposite Party refunded the ticket amount to her till now. Due to such activities of the opposite parties, the Complainant put to irreparable loss, damage and mental agony. Hence the complaint.

3.     The Complainant has filed her Proof Affidavit and Written Arguments and on the side of the Complainant Exs.A-1 to A-10 were marked. The Opposite Parties 1 and 3 did not appear before this Commission even after sufficient notice served and remained absent and set exparte. The 2^nd Opposite Party was given up as not a necessary party on 04.07.2022, by the Complainant.

Points for Consideration:-

1.     Whether there is deficiency of service on the part of the Opposite Parties?

2.     Whether the Complainant is entitled for reliefs claimed in the Complaint and/or for any other relief/s? 

Point No.1:-

The case of the Complainant were that though she has been allotted seat No.UB4 in the 3^rd Opposite Party bus booked through 1^st Opposite Party, she would be permitted to enter into the bus only if she agrees to accommodate another seat other than the allotted seat, since she refused to the unlawful demand made, she was denied entry into the bus by the staff of 3^rd Opposite Party and when she was asked by the staff of 3^rd Opposite Party to contact their customer care, when contacted the person attended the call, had abused her and refused to allow her to travel in the allotted seat. As a result, she had to make alternate arrangement and to reach Chennai out of the Schedule time. Hence the negligent act of the 3^rd Opposite Party clearly amounts to deficiency of service and the 1^st Opposite Party is liable and responsible for the act of the 3rd Opposite Party.

From the perusal of the Exhibits filed in support of the Complaint, it is clear from Ex. A –2 Mail dated 01.12.2020 sent by the 1^st Opposite Party to the Complainant whereby e-ticket dated 02.12.2020 for the travel of the Complainant from Gandhipuram, Coimbatore to Chennai was booked and confirmed in 3^rd Opposite Party’s bus and it is also clear that she has been allotted with seat No.UB4 in the 3^rd Opposite Party Bus, as found in Ex.A-1 Confirmation SMS dated 01.12.2020 sent by the 1^st Opposite Party.  Ex.A-3 the Screen shot of the calls made by the Complainant, a call was found to be made to one of the Number of the 3^rd Opposite Party as mentioned in Ex.A-1. Ex.A-4 Legal Notice dated 19.12.2020 sent to the Opposite Parties 1 and 3, explaining the act of the staff of the 3^rd Opposite Party bus and the denial made to travel on pretext to agree for another seat than the allotted seat and the said Legal notice was found to be received by 1^st Opposite Party and returned by the 3^rd Opposite Party as Unclaimed. 

On discussion made above and in the facts and circumstances of the case, the act of the 3^rd Opposite Party staff by not allowing the Complainant to travel in their bus in the seat allotted to her as per Ex.A-1, in spite of the confirmed ticket, and when it was clearly mentioned in Ex.A-2, E-ticket that Children above 5 years need a ticket, the denial of entry with her 4 years old child, clearly amounts to negligence on the part of the 3^rd Opposite Party and the 1^st Opposite Party as an agent of the 3^rd Opposite Party is liable and responsible for the negligent act of the 3^rd Opposite Party. Hence, we are of the considered view that the Opposite Parties 1 and 3 had committed deficiency of service and caused severe mental agony to the Complainant. Accordingly Point No.1 is answered.

Point No.2 :-

As discussed and decided Point No.1 against the Opposite parties 1 and 3, the Opposite Parties 1 and 3 are jointly and severally liable to refund the ticket cost of Rs.540/- and also to pay a sum of Rs.25,000/-  towards deficiency of service and mental agony caused to the Complainant along with litigation cost of Rs.3000/-. Accordingly, Point Nos. 2 and 3 are answered.  

  In the result the Complaint is allowed in part. The opposite parties 1 and 3 are jointly and severally   directed to refund the ticket cost of Rs.540/- (Rupees Five Hundred and forty Only) and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards deficiency of service and mental agony caused to the Complainant along with litigation cost of Rs.3000/- (Rupees Three Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest @9% p.a from the date of receipt of this order till the date of realisation.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 2^nd of December2022. 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	01.12.2020	A confirmation message sent by the 1st Opposite Party to the Complainant through Whats app.
Ex.A2	02.12.2020	e-Ticket sent by the 1st Opposite Party to the Complainant through to her e-mail
Ex.A3	02.12.2020	Screen Shot of the call details made by the Complainant to the 3rd Opposite Party
Ex.A4	19.12.2020	A legal notice issued on behalf of the Complainant to the Opposite Parties and other authorities
Ex.A5	19.12.2020	Postal Receipts
Ex.A6		Acknowledgement cards
Ex.A7		Return cover from the 3rd Opposite Party and Others
Ex.A8	28.12.2020	A complaint sent by the Complainant to the authorities concerned
Ex.A9	28.12.2020	Postal Receipts
Ex.A10	-	Aadhar Card of the Complainant

 

List of documents filed on the side of the Opposite Parties:-

 

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                      MEMBER I                         PRESIDENT