Kerala

Trissur

OP/05/729

Antony - Complainant(s)

Versus

Sree Ayyappa Travels - Opp.Party(s)

P.R. Joshy

29 Jul 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. OP/05/729

Antony
...........Appellant(s)

Vs.

Sree Ayyappa Travels
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. Antony

OppositeParty/Respondent(s):
1. Sree Ayyappa Travels

OppositeParty/Respondent(s):
1. P.R. Joshy

OppositeParty/Respondent(s):
1. A.D. Benny



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ORDER

By Smt Padmini Sudheesh, President Petitioner’s case is that: Petitioner had booked in the respondent Travels two buses on 11/1/05 in connection with the marriage of his wife’s sister. The marriage was on 15/1/05. The respondent is conducting the business for hiring services of buses to marriage functions and other functions. The respondent had received Rs.500/- towards advance and the total rent fixed as Rs.5,200/-. It was the condition that the balance is to be entrusted to the drivers of the concerned buses. But on the marriage day the vehicles have not arrived and the petitioner and the marriage party suffered a lot. Consequently some other vehicles were arranged for the function. But the marriage party was reached very late to the function. Lawyer notice sent, claiming compensation, reply also addressed, but no remedy. Hence this complaint. 2. The counter of respondent is that as per the terms and conditions the petitioner is bound to pay the entire balance amount before 24 hours of journey. Petitioner did not pay the amount and there is violation of conditions. Hence the vehicles are not sent. 3. The points for consideration are: 1)Whether the complainant is entitled for the amount claimed ? 2) Whether there is deficiency in service ? 3) Reliefs and costs ? 4. The evidence consists of Exhibits P1 to P5. No evidence from respondent. 5. Point No.1: The buses were booked for a marriage ceremony and advance also given by the complainant. But the buses were not sent by the respondent. They alleged that as per the terms and conditions of the respondent the entire balance amount will be paid before 24 hours of the journey. But it was not done. Hence the buses were not sent. There are 16 conditions stated in the order form which is marked as Exhibit P1. As per condition No.4, the balance amount will be paid before the journey, but it was not done. There are other conditions also. As per condition No.16 the respondent can very well accept some more amount towards the advance. In the case on hand that condition remains unconditional and not filled. This condition made it clear that the respondent can demand some more amount towards the advance if it seems insufficient. Here no such attempt is made by the respondent. The buses were booked for a marriage function. They can realize the seriousness of the situation. They simply ignored the promise made to the petitioner and straight away cancelled the buses. So they are liable for the loss and mental agony. This point found against the respondent. 6.Point No.2 In a marriage ceremony the arranged vehicles are not arrived. It is not a silly thing. The petitioner was very much ashamed and we can assume the situation. We are not narrating the sufferings of the complainant and his family. The complainant deserves a reasonable compensation. There is deficiency in service on the part of respondent. So they have to compensate for it. Considering the circumstances the complainant is entitled for Rs.10,000/- as compensation. 7. In the result the complaint is allowed and the respondent is directed to return the advance amount of Rs.500/-(Rupees Five hundred only) with interest at the rate of 12% per month from 11/1/05 and also compensation of Rs.10,000/- (Rupees Ten thousand only) and Rs.1,000/-(Rupees One thousand only) towards costs. Comply the order within two months. Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open forum this the 29th day of July 2008.




......................Padmini Sudheesh
......................Rajani P.S.