Order-9.

Date-27/05/2015.

Complainant Kowshik Dutta by filing this complaint has alleged that for smooth journey of her daughter from school to home and vice-versa he entered into agreement with the op, the service provider and travel agent who used to pick up the students from different houses for their smooth journey from their respective houses to school and vice-versa, op agreed to provide such service and in this regard monthly transport cost was fixed at Rs. 1,500/- regularly as per terms and conditions as noted in the said receipt which T.D. Travelers issued in support of payment of Rs. 1,500/- and issued that receipt and relying upon the op’s service, complainant practically spent that amount and entered into contract for getting hired service from the op and the fees book by which the payment was made was handed over to the complainant.

          But after providing such service for three days, op expressed his inability to provide such service for her daughter daily school journey and return journey to home when complainant was compelled to take help of another travel company for that purpose and ultimately complainant asked the op to refund the amount.  But op by taking some false pretext did not refund the same.

          Subsequently considering the conduct of the op and for negligent and deficient manner of providing service even after receipt of Rs. 1,500/-, complainant lodged a complaint to CA & FBP but CA & FBP failed to mediate the matter for absence of the op on different dates and ultimately this complaint was filed for redressal.

          Fact remains that notice was served upon the op duly sent by Registered Post with A/D by Speed Post.  But op did not turn up.  But even then time was suomoto given by the Forum but op ultimately did not contest this case for which this case is heard exparte.

                                                       Decision with reasons

          On an in depth study of the complaint including the documents that is fees book of op issued by the op in favour of the complainant on receipt of Rs. 1,500/- for providing such service from their home to school and vice-versa, we have gathered that it is nothing but an agreement to provide service that is for her daughter’s journey from home to School and vice-versa.

          Truth is that amount was paid by the complainant to the op.  But anyhow op did not provide service after three days and as per complaint, it is found that op expressed his inability to continue to provide such service, then question is what would be the actual relief to the complainant and when complainant realized that op is unable to provide service when he arranged for another bus for her daughter’s journey and that is going on.

        Fact remains that complainant prayed for refund of money and allegation is that op refused to pay it.  Truth is that complainant lodged a complaint before CA & FBP against the conduct and manner of service as provided by the op, even after payment of Rs. 1,500/- as monthly fees.  But CA & FBP also failed to mediate that for negative attitude of the op.

          Considering that aspect, it is clear that when op failed to provide any service even after receipt of consideration amount of Rs. 1,500/- per month, then there is no other alternative but to refund the same by the op.  But op has not done it.

          Op has got such other chance either to appear before CA & FBP or to appear before this Forum when he received notice of this case.  But he did not turn up.  It simply proves that he has nothing to say against the allegation.

          So, taking into consideration the conduct of the op and at the same time his unwillingness to pay or refund the said amount, we are convinced to hold that as service provider he did not discharge his duties and for which he is liable to pay the entire amount of Rs. 1,500/- to the complainant what op received as monthly fees for rendering and providing such service by carrying the daughter of the complainant, but that has not been done.

          So, the complaint against the op is proved for which this complaint succeeds.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed exparte with a cost of Rs. 2,000/- against the op.

          Op is directed to refund Rs. 1,500/- the fee amount which op has already received from the complainant and further for harassing the complainant in such a manner and for causing mental pain and agony to the complainant and her daughter, op shall have to pay another Rs. 1,500/- as compensation and accordingly op shall have to pay Rs. 1,500/- as consideration amount + Rs. 1,500/- as compensation + litigation cost of Rs. 2,000/- i.e. total amount of Rs. 5,000/- to the complainant within one month from the date of this order, failing which for inconvenience of the Forum’s order, op shall have to pay penal interest  at the rate Rs. 50/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.  But even after if it is found that op is reluctant to comply the order, in that case penal proceeding u/s 27 of C.P. Act 1986 shall be started for which op shall be imposed further penalty and fine.