BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

20^th DAY OF DECEMBER 2016

O R D E R

SRI. P.V SINGRI, PRESIDENT

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct the OPs for refund of ticket amount of Rs.1,045/- + additional ticket charges of Rs.1,400/-, compensation of Rs.1,00,000/- for trauma and inconvenience caused together with litigation cost.

2. The sum and substance of the complaint are as under:

The complainant booked two seats in a Bus operated by OP-1 for her Uncle and Aunty Mr.VKJ Mathew and Mrs.Anjana Mathew for their travel from Vellore to Bangalore on 09^th June 2016 in a Non-AC Sleeper Bus.  That the said sleeper Bus was scheduled to leave Vellore at 11:55 pm on the same night.  That at 10:14 PM complainant called customer support number 08026801616 displayed on the website of SRS Travels which was not answered.  Thereafter, complainant tried another number mentioned on the website to be enquired, whether her Uncle and Aunty can wait in the Vellore office of SRS Travels till the arrival of the Bus.  That the receiver in the said number 08049055550 directed her to call Vellore office at 9965508286 from where she was asked to call 7845965727.  That when she called the said number she was told that the Bus is late by an hour and will reach Vellore after 12:30 am and till then her Uncle and Aunty can sit in the office of Golden travels.  That when the Uncle and Aunty of complainant reached the office of Golden travels around 11:00 pm it was closed.  Then they tried sitting in the tiny office of SRS travels, but were told not to sit as the Buses were to be reached shortly.  That inspite of being sick they went and sat on the road divider assuming that the Bus would be arriving in an hour.  That when the Bus did not arrive even after waiting for long time her Aunty called the contact number mentioned over the ticket which was of Golden Travels.  She was asked to call on other number without mentioning any number.  That both Uncle and Aunty of complainant kept waiting till 2:20 am and when the Bus did not turn up they called the complainant.  That the complainant was shocked to know that they had been waiting for the Bus for such a long time.  Then complainant called SRS office, Bangalore to enquire on the status of the Bus, on which she was taken aback by the response that all the Buses for Bangalore have already left.

The complainant thereafter asked the SRS representatives to arrange at least a taxi/cab that can drop them to a hotel but he denied any help.  That the Uncle and Aunty of the complainant are senior citizens and her Aunty had gone to Vellore for treatment at CMC Vellore.  That both being senior citizens had to undergo through such a torture without any fault of theirs.  That inspite of notifying OP-1 e-mail about her intention of taking legal action against mis-conduct and giving them substantial time of 7 days they did not bother to even acknowledge her complaint which clearly indicates the least commitment of OP-1 towards their customers.  Therefore, the complainant having no other choice has approached the Forum for redressal.  

3. OP-1 entered their appearance through their advocate belatedly and filed their version contending in brief as under:

That the complainant is not a proper person to claim compensation as she is unknown person to the OP and unauthorized person to file this complaint.  That there is no transaction of any kind between the complainant and OPs.  That the complainant has no locus-standi to file the present complaint, therefore the same is liable to be dismissed with costs.  That admittedly ticket No.13714413 has been booked in the name of VKJ Mathew and Mrs.Anjana Mathew for the trip Vellore to Bangalore on 09.06.2016 and were allotted seat No.5U and 13U in coach No.9559 and boarding point was at No.3/1, 3/2, B.M Complex, Near Balaji Lodge, Vellore at 11:55 PM.  That the trip started at 10.00 PM from Chennai on 09.06.2016 and reached Vellore pick up point at 11:55 PM itself and then departure from there and reached Bangalore at scheduled time.  That the complainant has never called any of the contact numbers as mentioned in the complaint numbers.  That customer care number is mentioned in the ticket issued to VKJ Mathew.  That the said VKJ Mathew and his wife have never contacted the customer care number 9900063483.  That in the ticket issued the boarding point address and contact numbers have been clearly mentioned and the complainant has failed to contact the said numbers.

That due to heavy rain and traffic jam at Chennai city there was delay and hence the same was informed to Mr.VKJ Mathew and further they were informed that the vehicle would come bit late and they were requested to wait till the vehicle arrives.  That instead of understanding the request made by OP-1 or the staff members both of them left the boarding point.  That the coach No.9559 reached Vellore at 2.30 am, at pick up point at which time the passengers boarded the Bus but the said Mr. and Mrs.VKJ Mathew were not available at the boarding point.  The staff members of OP-1 searched for them but they were not to be found and even the driver waited for them for 15 minutes but they did not turn up.  That the said Mr.VKJ Mathew failed to adhere to the terms and conditions mentioned in the para-27 of the ticket wherein it is mentioned that the departure and arrival of the vehicle depends upon the ground realities and road condition.  That OP has not committed any negligence and there is no deficiency of service on their part.  That no inconvenience or trauma has been caused to the said Mr.VKJ Mathew and Mrs.Anjana Mathew and the allegations are imaginary.  That the complainant has filed this complaint to tarnish the image of OP-1 which it enjoys in the public.  Therefore, the complaint is liable to be dismissed with exemplary cost by awarding compensation to this OP.

Despite service of notice OP-2 failed to appear and was placed ex-parte.  

4. On the rival contention of both parties, the points that arise for our determination in this case are as under:

        5. Both complainant as well as OP tendered their evidence by way of affidavit reiterating their respective pleadings.  Both the parties have produced certain documents to substantiate their respective contentions.  We have heard the oral arguments advanced by both the parties.

6. Our answer to the above issues are as under:

REASONS

7.  The first and foremost defence set up by OP-1 is that, the complainant has no locus standi to file this complaint since she has not travelled from the said Bus and she has not suffered any inconvenience, hardship due to the alleged delay.  It is further contended by OP-1 that, complainant has neither booked the ticket nor has right to speak on behalf of her Uncle and Aunty.  Therefore, the complaint is not maintainable and is liable to be dismissed as threshold.

8. The complainant to substantiate that she booked the ticket for her Uncle and Aunty has produced the hard copy of the SRS Travels e-ticketing under which she has paid a total sum of Rs.1,045/- towards price of the ticket for the travel of her Uncle and Aunty from Vellore to Bangalore on 09.06.2016.  The hard copy of the said ticket discloses that, it is the complainant who has booked the said ticket and she has paid money from her account through online.  The statement of Bank account produced by the complainant discloses that a sum of Rs.1,045/- has been debited to her account on 09^th June 2016.  The copy of the pass book produced by the complainant also discloses that there is a debit entry in her pass book regarding the said transaction on 09.06.2016.  These documents have not been disputed by OP-1.  The allegations made in the complaint coupled with sworn testimony of the complainant and the documents mentioned above clearly establishes that, it is complainant who booked the said two tickets for her Uncle and Aunty for their travel from Vellore to Bangalore from one of the coaches operated by OP-1.  It is also not in dispute that, both the Uncle and Aunty of complainant are senior citizens and in fact they went to Vellore for the treatment of Mrs.Anjana Mathew.  In view of the above referred document and the relationship between the complainant and VKJ Mathew and Anjana Mathew, we are of the opinion that the complainant has locus standi to prefer this complaint and prosecute the complaint as well.  We don’t find any substance in the contention of OP-1 that the complainant is a not ‘consumer’ and she has no right to prefer this complaint.

9. It is not in dispute that Mr.VKJ Mathew and Mrs.Anjana Mathew could not travel to Bangalore from Vellore on 09.06.2016 through coach No.9559 operated by OP-1, due to inordinate delay in the operation of the Bus and also due to confusion created by OP-1 regarding the boarding point.  Initially the OP-1 denied that there was any delay on their part and the said coach reached Vellore at appointed time i.e., 11:55 on 09.06.2016 and having left Chennai at 10.00 PM and reached Bangalore at scheduled time.  However in para-9 (c) & (d) of their version so also in the sworn testimony OP-1 contended that due to heavy rain and traffic jam at Chennai the coach could not reach Vellore at scheduled time and the same was informed to the Mr.VKJ Mathew.  There is no mention as to when and to which mobile number OP-1 contacted Mr and Mrs.VKJ Mathew to inform them about the delay regarding arrival of the coach at Vellore.  In fact the material placed on record including the allegations made in the complaint and the sworn testimony of complainant reveals that OP-1 has never bothered to contact Mr and Mrs.VKJ Mathew regarding the delayed arrival of the coach at Vellore.  It appears to us that this contention is taken up by OP-1 only to overcome the allegations that they did not inform Mr and Mrs.VKJ Mathew regarding the delay in arrival of the Bus at Vellore and the approximate time at which the coach would arrive at Vellore.

10. It is time and again alleged by the complainant that OP-2 never properly informed either Mr and Mrs.VKJ Mathew or the complainant as to the exact boarding point/pick up point at Vellore.  OP-1 asserted that at 2.30 AM when the coach reached Vellore, at pick up point, both Mr & Mrs.VKJ Mathew were not available at boarding point though other passengers were available therefore they left Vellore without picking up Mr and Mrs.VKJ Mathew.

11. It is stated by the complainant that her Uncle and Aunty were desperately waiting at boarding point at Vellore till 2:30 AM as mentioned in the ticket.  In the ticket the boarding point is mentioned as under:

12. It is stated by the complainant that her Uncle and Aunty were waiting at the boarding point as mentioned in the ticket till 2:20 AM and when the Bus did not (coach) turn up they had no choice but to leave the said place.  According to OP-1, as mentioned in para-6 of version, the boarding point is number 3/1, 3/2, B.M Complex, Near Balaji Lodge, Vellore.  It is stated by OP-1 that as per schedule the Bus was to reach the said boarding point at about 11:55 PM however it reached there at 2:20 AM on the next day morning.  The boarding point mentioned in para-6 of the version is totally different from the boarding point mentioned in the ticket issued to Mr & Mrs.VKJ Mathew.  There is no explanation from OP as to why and how they suddenly changed the boarding point without informing Mr & Mrs.VKJ Mathew who were holding valid tickets for their travel from Vellore to Bangalore in the said coach.

13. In the ticket issued by OP-1 the ticket details have been provided according to which the Uncle and Aunty were to contact Golden Travels number 9965508286.  However when both of them have reached Golden Travels around 10:00 PM on that day it was already closed.  When Mr and Mrs.VKJ Mathew reached the travel office of OP-1 at Vellore they have not been permitted to sit in the office room as a result both senior citizens were compelled to sit on the road divider for several hours.  The conduct of OP-1 in changing the boarding point without informing passengers certainly shows their callousness towards their passengers.  Despite suddenly changing the boarding point, that too without notifying the passengers certainly amount to grave deficiency of service on the part of OP-1.  Moreover Mr and Mrs.VKJ Mathew tried to contact the number of Golden Travels in the ticket, but there was no proper response from them and they have also not guided them or informed them as to at what time the coach would arrive and where it would arrive and where they have to wait for the said coach.  Despite the complainant contacting the concerned she has not been properly advised by the concerned in the OP-1 regarding the approximate time at which the coach would arrive at Vellore.  Even the complainant has not been informed regarding changing the boarding point/pick up point.  This callous attitude of OP-1 must have put both Mr and Mrs.VKJ Mathew to great hardship, inconvenience and mental agony.  Moreover OP-1 has also denied help to both the senior citizens to reach their hotel after they were left out on the road till 2:20 AM early in the morning.  Even OP-1 has not arranged for their alternative journey to Bangalore through some other coach.  Since OP-1 failed to pick up the Uncle and Aunty of the complainant they were forced to travel to Bangalore through some other coach by spending Rs.1,400/-.

14. After having committed grave deficiency of service by putting both the senior citizens to huge trauma and mental agony, OP-1 even did not respond to the notice issued by the complainant prior to filing of this complaint.  Even after prima-facie deficiency committed by them OP-1 has no remorse and even has no courtesy to express regret and come forward to compensate the complainant by refunding atleast the price of the ticket.  Certainly this conduct of OPs must have put the complainant to great hardship & mental agony as well.  The complainant who is the research scholar has been made to spend her precious time and money in filing the complaint and in prosecuting the same.  The complainant has successfully proved deficiency of service on the part of OPs.

15. Looking to the facts and circumstances of the case and apathy of OPs towards their valued customers, we feel it appropriate to direct the OPs to pay a compensation of Rs.25,000/- to the complainant apart from refunding the ticket amount of Rs.1,045/- plus additional ticket charges of Rs.1,400/- together with litigation cost of Rs.5,000/-.

16. The order could not be passed within the stipulated time due to heavy pendency.   

17. 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.  OPs are directed to pay a sum of Rs.2,445/- spent for the ticket and compensation of Rs.25,000/- to the complainant together with litigation cost of Rs.5,000/-.

OPs shall comply the said order within four weeks from the date of communication.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 20^th day of December 2016)

MEMBER                          MEMBER                      PRESIDENT

Vln* 

Witnesses examined on behalf of the complainant dated 24.09.2016.

1. Chandni Bhambhani

Documents produced by the complainant:

Witnesses examined on behalf of the Opposite party -1 dated 01.10.2016.

1. Sri.K.T Rajashekar.   

Document produced by the Opposite party-1:

   MEMBER                         MEMBER                       PRESIDENT

     Vln*