Tamil Nadu

North Chennai

CC/298/2018

A.Nagarajan - Complainant(s)

Versus

State Express Transport Corporation - Opp.Party(s)

E.Vinoth Kumar

24 Feb 2022

ORDER

                                                                   Complaint presented on :17.06.2011

                                                                                Date of disposal : 24.02.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.        : PRESIDENT

THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.298/2018

 

DATED THIS THURSDAY THE 24^th DAY OF FEBRUARY 2022

 

Mr.A.Nagarajan,

S/o. Ailu Naidu,

No.7/63, 6^th Street,

Krishna Nagar,

Virugambakkam,

Chennai – 600 092.                                                                 .. Complainant     

..Vs..

 

 

The Managing director,

State Express Transport Corporation,

Head Office, Near Pallavan House,

Chennai – 600 002.                                                               ..  Opposite Party

 

Counsel for the complainant             : M/s.E.Vinoth Kumar

 

Counsel for the opposite party          : M/s.T.Natarajan

 

ORDER

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.154/- as balance ticket charges with 12% interest and directing the Opposite Party to pay a sum of Rs.4,00,000/- as compensation for the mental agony and deficiency in service and for unfair trade practice and directing the Opposite Party to pay a sum of Rs.5000/- as litigation expenses.

          This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No. 177 / 2011 .  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble S.C.D.R.C. and taken on file as C.C. No.298/2018.

1.THE COMPLAINT IN BRIEF:

          The complainant had reserved a ticket with the Opposite Party on 07.05.2010 bearing ticket No.AX316840 with PVR No.120458921027 in Bus Route No.123 A/C. He had paid a sum of Rs.580/- as ticket charges. The journey was commencing from Chennai to Trichy on 09.05.2010 at 10.01 A.M. The Complainant is a senior citizen aged about 65 years old and he is a heart patient as well as suffering from other old age problems. Hence, he decided to travel in an Air Conditioned Bus of the Opposite Party.          The Complainant on the boarding date, he arrived CMBT Bus Terminus, Koyambedu at 9.30 A.M well in advance prior to the scheduled departure time of 10.01 A.M. But the bus was not arrived at the scheduled time to the Terminus. Thee Bus bearing Fleet No. TN01 N 5472 arrived at 11.30 A.M. to the terminus and departure at about 11.45 hours, when it was running near Tambaram the Air Condition was not functioning in the Bus, when the Complainant was agitated then the Driver and Conductor of the Bus have assured that the repair in the Air Condition would be rectified at Tindivanam Depot. Hence, the Complainant and co-passengers were suffering from breathing problems.  The Bus reaches at Tindvanam Depot around 13.15 hours, the Conductor and Driver of the Bus told the Complainant and Co-passengers to wait in the sheet till the Air Condition was rectified. The said shed was neither having the basic amenities like water, Toilet etc. nor having any fan or ventilation facilities. The Complainant being a senior citizen and also a heart patient was forced to stay in the said shed. Finally the Air Condition was rectified in the Tindivanam Depot at 16.15 hours and then the journey was resumed. Once again the Air Condition was not function when the Bus running in outer Tindivanam. The Complainant and Co-passengers were again suffered due to lack of air and ventilation. Since the Bus fully covered with glasses. The Opposite Party forced the Complainant to travel in the Bus without Air Condition facility and he fell sick and completely drained out, nearly avoided another heart attack. When that being the situation the Conductor and Driver of the Bus had suddenly stopped the Bus in the Middle of the road where and threatened the Complainant and Co-passengers to leave the Bus without making any alternation arrangements. In Villupuram also inspite of the repeated requests made by the Complainant and Co-passengers the officials of the Opposite Party did not give any response, but finally they refunded Rs.426/- to the Complainant when the actual fare is Rs.580/-. The Complainant on his own accord get another State Express Bus Without A/c from Villupuram, the Opposite Party never made any alternative arrangements. The Complainant in the normal course it will take Six and half an hours to reach Trichy, but due to deficiency in service by the Opposite Party the Complainant reached Tirchy at 10.30 P.M., when the time being the essence of the journey. The purpose of the journey got defeated causing huge monetary loss. Hence this complaint.

2.WRITTENVERSION FILED BY THE OPPOSITE PARTY IN BRIEF:

          It is not disputed that the Complainant booked a journey ticket in A/c. Bus in route No.123 for his travel to Trichy on 09.05.2010. when the bus departed from Chennai the Air Conditioner was functioning perfectly. Only at Maamandur, there was reduction in the cooling effect inside the bus and it was noticed that the A/c. fan belt was cut and at Tindivanam Sub Depot the repair was carried out and the bus was on its way at 16.00 hours. Apart from the present complaint filed by the complainant there has been no complaint or any sort of issue raised by any co-passengers who travelled with the complainant on 07.05.2010. When the bus reached Villipuram, the A/c. fan belt got cut and immediately the Branch Manager Tindivanam bus depot rushed to the spot and alternative arrangements were made to refund the journey fare to the passengers and an ultra deluxe bus was also arranged for the passengers to continue their journey. The Complainant is trying to take advantage of a minor fault that  occurred and only after it had happened again, this opposite party immediately made alternate arrangements to ensure safe and proper travelling of the passengers who boarded the bus bearing No. TNO1- N-5472 B 317 for travel from Chennai to Trichy. In fact no other complaint has been lodged against this opposite party on the incident of non-functioning of A/c. or other issues as raised by the complainant. The question of willful neglect or deficiency will not arise in the present case. It is prayed that this Hon’ble Forum may be pleased to dismiss CC.No.177 of 2011 as not maintainable.    

3. POINTS FOR CONSIDERATION:

1. Whether there is deficiency in service on the part of  the opposite party? 
2. Whether the complainant is entitled for refund of Rs.154 for compensation and cost?
3. To what other relief, the complainant is entitled?

4.POINT NO :1& 2

          The complainant  is a senior citizen reserved a ticket  with the opposite party on 07.05.2010  to travel from Chennai  to Trichy on 09.05.2010. Ex.A1 is the copy of the ticket. The complainant paid a sum of Rs.580/- towards ticket charges. The opposite party also not disputed the above fact.

          05. The case of the complainant is that on 09.05.2010 at about 9.30 a.m he arrived CMBT Bus Terminus, Koyambedu and he was waiting up to 11 a.m but the bus did not arrive the terminus finally the bus No bearing Registration No.TN01 N 5472 arrived at 11.30 and departure at 11.45 a.m. The complainant further alleged when the bus was reached near Tambaram the Air Condition was not functioning and the passengers of the bus were suffering from breathing problem and thereafter the driver of the bus taken the bus at Tindivanam Depot to repair the air condition and thereafter there was no air condition, the passengers of the vehicle demanding for alternate arrangements and finally, the passengers are dropped at Villupuram bus stand. The complainant further alleged the conductor of the opposite party vehicle refunded a sum of Rs.426/- and the complainant on his own accord got another State Bus with accord from Villupuram to Trichy and the complainant reached the Trichy at 10.30 p.m and there is a deficiency in service on the part of the opposite party.

          06. The opposite party contended when the bus departure from Chennai, the air condition was functioning perfectly and there was deduction in the cooling effect in the bus and it was noticed Air Condition Fan was not working and at Tindivanam Sub Depot the repair was carried out, co-passengers did not arise any sort of complaint. The opposite party further contended when the bus reached Villupuram the AC fan got cut. Immediately the Branch Manager rushed to the Tindivanam Bus Depot spot and alternative arrangements were made therefore there is a deficiency in service.

          07. The opposite party admitted there was a deduction in cooling effect inside the bus when the bus reached Mamandur and immediately it was rectified at Tindivanam Depot. Thereafter at Villupuram AC fan belt got cut and therefore the Branch Manager made alternate arrangements for the passengers. The Ticket amount was also refunded to the passengers. The AC defect is due to mechanical problem there is no human error the opposite party also refunded the ticket amount to the complainant, therefore, and alternative arrangements were done by the opposite party for proper travelling of passengers.  There is no deficiency in service on the part of the opposite party. The complainant is not entitled for  refund  of Rs.154/- and not entitled for  compensation and cost.  

08. POINT NO :3

          Since the opposite party has not committed any deficiency in service, the complainant is not entitled for any relief as prayed and the complaint is liable to be dismissed.

          In the result this complaint is dismissed. No Costs.

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 24^th day of February 2022.

 

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 07.05.2010                             Ticket

Ex.A2 dated 09.05.2010                             Ticket

Ex.A3 dated 27.05.2010                   Legal Notice by complainant and its ack. Cards

 

Ex.A4 dated 24.07.2010                             Reply Notice by opposite party

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTY:

 

                                                … NIL ……

MEMBER – I                                                               PRESIDENT