BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

05^th DAY OF FEBRUARY 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to refund advance amount of Rs.5,000/- along with interest @ 24%, Rs.1,00,000/- towards compensation  and cost of the proceedings.

2. The brief averments made in the complaint are as under:

The complainant has booked a Bus for the purpose of his daughters’ marriage dated 23.04.2015.  Complainant has paid advance amount of Rs.5,000/- out of Rs.12,500/-.  The complainant is the resident of Srirangapatna and he booked the bus to bring the bridegroom and his relatives from Bangalore to Srirangapatna on 22.04.2015.  On 21.04.2015 when the complainant called the OP over telephone OP has put a new condition that they have to send back the Bus on 22.04.2015 at 4.00 PM.  But the complainant said that the choultry was available only at 6.00PM so the Bus can be sent at 6.00 PM.  OP told the complainant that it is not possible to send the Bus and ready to return the advance amount which was paid by the complainant.  This condition of OP is against the conditions of their agreement.  OP has not refunded the advance amount.  Therefore, the complainant got issued legal notice to OP dated 05.05.2015 but there was no response.  Hence, complainant felt deficiency in service on the part of OP.

For the aforesaid reasons, the complainant prays for a direction to the OP to refund Rs.5,000/- towards advance amount with interest, compensation of Rs.1,00,000/- with costs.

3. In response to the notice issued, OP appeared through their advocate and sought time to file version.  However, despite sufficient time and opportunity given OP failed to file his version.

4. Thereafter, the complainant was called upon to file his affidavit evidence.  Accordingly he did so. 

5. Perused the allegations made in the complaint, documents, copy of the receipt and sworn testimony of the complainant and other materials placed on record.

6. As claimed by the complainant, he had booked a bus belonging to OP to bring bridegroom and his party from Bangalore to Srirangapatna for his daughter’s marriage on 23.04.2015 and he had paid Rs.5,000/- as advance amount to the OP.  Receipt to that effect is produced.  On 21.04.2015 when the complainant called the OP over phone OP put a new condition stating that they have send back the bus on 22.04.2015 at 4.00 PM.  But the complainant stated that the choultary would be available only at 6.00 PM so the Bus can be sent at 6.00 PM.  On 21.04.2015 the OP expressed his inability to send the vehicle.  The complainant suffered inconvenience and mental agony due to non performance of the promise made by the OP. 

7. Due to the irresponsible behavior on the part of OP the complainant and his family members must have suffered hardship and mental agony.  Therefore, the complainant got issued a legal notice dated 05.05.2015 to OP and despite the said notice, the OP neither complied the demand made in the said notice nor replied to the said notice.  The conduct of the OP in not providing the Bus as agreed, at last moment amounts to gross negligence and deficiency in service on his part.

8. We do not find any reason to disbelieve the allegations made by the complainant against OP.  The OP has failed to provide services as undertaken by him and also failed to refund the advance amount received by him.  Therefore, the complainant is entitled to compensation for the hardship and mental agony suffered by him.  We are satisfied that the complainant proved the deficiency in service on the part of OP.  The complainant is entitled for refund of advance amount of Rs.5,000/- with interest.  In the given facts and circumstances of the case, we are of the considered view that the complainant is entitled for compensation of Rs.­­­­­­­­10,000/- for mental agony, inconvenience and hardship caused along with litigation cost of Rs.3,000/-. 

9. In the result, we proceed to pass the following:

       O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part.  The OP is directed to refund advance amount of Rs.­­­­­­5,000/- to the complainant with interest at the rate of 9% p.a from the date of receipt till the date of realization.  Further OP is directed to pay compensation of Rs.10,000/- towards mental agony, inconvenience and hardship caused to the complainant together with litigation cost of Rs.3,000/-.

This order is to be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 05^th day of February 2016)

MEMBER                            MEMBER                     PRESIDENT

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COMPLAINT No.1436/2015

Complainant                 -        Sri.H.G Badarinath,

Srirangapatna Town,

Mandya District.

                                          -vs-

Opposite Party              -        Sri. Hari Shankar,

Proprietor & Manager,

Sri Kshanambika Tours

& Travels,

Bangalore City – 21.

Witnesses examined on behalf of the complainant dated 07.01.2015.

1. Sri. H.G Badarinath,

   Witnesses examined on behalf of OP – Nil.

MEMBER                           MEMBER                      PRESIDENT

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