<br /> SMT.SHEELA JACOB(MEMBER)<br /> <br /> The complainant on 6.12.2006 booked a tourist bus of the opposite party on hire for taking invitees for the marriage of his daughter scheduled to be held in the Church at Kochera on 13.01.2007. On the same day itself, he remitted Rs.1,000/- as advance and he was bound to report at 8.30 A.M. on 13.01.2007 at Poondikulam. But the bus did not reach at 8.30 A.M. After waiting one hour the complainant hired taxi and other private vehicles for carrying relatives and friends for the marriage function at Kochera. The bus was not reached till 9.45 A.M. The opposite party was failed to report at 8.30 A.M. On 13.01.2007 at Poondikulam. Alleging deficiency in service, the complaint has been filed for compensation for the mental agony and other difficulties suffered by the complainant.<br /> <br /> 2. In the written version filed by the opposite party, it is admitted that the bus was booked for 13.01.2007 by the complainant and paid Rs.1,000/- as advance. He directed the bus to be ready to report at 8.30 A.M. On 13.01.2007 at Poondikulam. So the bus arrived at 8.30 A.M. at Poondikulam. But the complainant and other passengers already gone to the church before 8.30 A.M, because the marriage function was changed at 11.30 A.M. to 11 A.M. for the convenience of the Priest. The opposite party has not done anything willfully and there was no deficiency in service. The opposite party is not liable to pay any compensation.<br /> <br /> 3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to ?<br /> <br /> 4. The evidence consists of the oral testimony of PWs 1 to 3 and Exts.P1 to P5 on the side of the complainant and the testimony of DWs 1 to 3 and Exts.R1 and R2 on the side of the opposite party.<br /> <br /> 5. The POINT :- The fact that a tourist bus belonging to the opposite party was booked by the complainant for going to Kochera church from Poondikulam in connection with the marriage of the complainant's daughter. The bus was directed to reach at 8.30 A.M at Poondikulam. The complainant stated as PW1 that the bus was not reached at 8.30 A.M at Poondikulam. After waiting one hour the complainant hired taxi and other private vehicles including the Vicar's vehicle for conveyance to church.. Ext.P4 is the letter from the Vicar, Fathima Matha Church, Mlamala stating that the bus was not reached tahere till 9.30 A.M. The complainant waited till 9.45 AM for the bus. But since the bus did not reach the complainant and some persons were started from Poondikulam at 9.45 A.M. PWs 2 and 3 are independent witnesses. They also stated that the bus was not reached at Poondikulam till 9.30 A.M. This fact has been disputed by the opposite party. According to the opposite party, the bus was reached at 8.30 A.M. at Poondikulam. DW1, the owner of the bus stated that the bus was reached at 8.30 A.M. at Poondikulam. But the complainant and others already went because time of marriage ceremony was changed from 11.30 A.M to 11 A.M for their convenience at 11 A.M. In the cross examination of DW1, it is admitted that the bus was reached at opposite party's office in Pambanar only at 7 A.M. from Chennai. It ws late from Chennai. Dws 2 and 3 are independent witnesses. They stated that the bus reached at Poondikulam on the same day morning. But the time was not known. In Ext.R2, the two witnesses were signed on the back side but in that paper also the time was not mentioned. So the complainant could not utilize the service of the bus. So the complainant is entitled to get back the advance amount Rs.1,000/- paid by him. Having regard to the mental agony and also the actual expenses incurred by him we think it is just and reasonable to direct the opposite party to pay Rs.2,000/- by way of compensation for deficiency in service to the complainant including advance money. The complainant is also entitled to the costs of this complaint which we would limit to Rs.1,000/-.<br /> <br /> In the result, the opposite party is directed to pay to the complainant an amount of Rs.2,000/- by way of compensation and Rs.1,000/- as costs of the petition within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.<br /> <br /> Pronounced in the Open Forum on this the 21st day of July, 2008 <br /> Sd/-<br /> <br /> SMT.SHEELA JACOB(MEMBER)<br /> <br /> Sd/-<br /> <br /> I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)<br /> <br /> Sd/- <br /> <br /> I agree SMT.BINDU SOMAN(MEMBER)