By Smt. PREETHI SIVARAMAN.C, MEMBER
The complaint in short is as follows:-
1. On 22/02/2024, complainant had booked a low floor AC bus service of opposite parties from their website for travelling from Calicut University bus stop to Moovattupuzha on 25/02/2024. The tickets were booked to travel at 10 AM from the Calicut University bus stop and the ticket charge is Rs.358/- and had paid through Google pay. The ticket number is 1708250 and the PNR Number is 3416743 and complainant received the ticket through online.
2. As shown in the ticket, the complainant reached at the Calicut university bus stop at about 9.30 am on 25/02/2024 and the booked bus did not arrive even after 10 O’clock. Then complainant contacted in the mobile phone number shown in the ticket and was not answered even he called several times. Thereafter once the opposite party answered the call of complainant and complainant enquired about the booked bus, then it was told that they did not have any information and if needed, call the Kozhikode Office. Thereafter complainant called the Kozhikode KSRTC Depot several times, they did not answer the phone and again complainant called in the number shown on the ticket and it was told that the number is inactive. The complainant waited for the bus till 1 PM but the bus did not come. Then complainant waited for the bus from 9.30 AM to 1PM with great difficulty in the scorching heat. But the bus booked by complainant did not come on that day and did not inform the complainant that they had cancelled the bus and not refunded the money paid by the complainant for purchasing the ticket. Due to that the complainant could not attend the class on the very next day.
3. Due to the deficiency in service and unfair trade practice from the side of opposite parties complainant was subjected to a lot of mental and physical hardship. Complainant is a patient with Hypermetropia with Amblyopia (both eyes) having 40% disability. He was waiting for the bus from 9.30 AM to 1 PM with difficulty in the extreme hot climate. But bus was cancelled without informing the complainant. Hence this complaint.
4. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 358/- the amount he had spent for purchasing the bus ticket, Rs. 1,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite parties and notice served on them and they appeared before the Commission through their counsel and filed version.
6. In their version, they denied all the allegations levelled by complainant against them except those which are admitted there under. They admitted that complainant had booked a ticket through online for travelling on 25/02/2024 at about 10 AM in the low floor AC bus from Kozhikode to Moovattupuzha. They also admitted that they were not able to operate the above said bus as per the scheduled time and also not able to arrange an alternative arrangements as it is an unprecedented busy day in connection with Aattukal Pongala. They again stated that the instructions were already given to the concerned officers to inform about the cancellation of that schedule to passengers and duty was performed by the enquiry officer who was on duty at the Kozhikode Depot in proper time. All passengers who had selected Kozhikode depot as the boarding point were provided with the facility of travelling in other buses. They again stated that when a super class bus in which 32 passengers had reserved tickets was unexpectedly unable to run the service, the opposite parties took timely measures to protect the interest of the passengers.
7. Opposite parties also alleged that on 24/04/2024 at about 9.40 AM they had already refunded the amount of Rs.353/- at complainant’s account. There is no deficiency of service or unfair trade practice from their side. Hence complaint may dismissed.
8. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext.A1 and A2. Ext.A1 is the copy of ticket issued by opposite parties to complainant on 22/2/2024. Ext.A2 is the copy of certificate of disability given from Government Medical College Hospital to complainant. Thereafter opposite parties also filed their affidavit and documents were marked as B1 to B4 series. Ext.B1 is the copy of E-ticket which includes bus booking details and confirmation given by opposite parties to complainant on 25/2/2024. Ext.B2 is the copy of terms and conditions of opposite party. Ext.B3 is the copy of details regarding booking of the bus and regarding the details of refund. Ext. B4series are the copies of booking details of bus with opposite party by complainant on 28/04/2024, 04/07/2024, 23/07/2024, 21/09/2024 etc.
9. Heard complainant and opposite parties. Perused affidavit and documents. The following points arise for consideration:-
- Whether there is any deficiency of service and unfair trade practice on thepart of opposite parties?
- If so, reliefs and cost?
10. Point No.1 and 2:-
The complaint has been given due to the inconvenience caused to the complainant as the booked bus did not come despite waiting from 9.30 in the morning to 1 O’clock in the afternoon. Opposite parties also admitted that complainant had booked a bus ticket on the above mentioned low floor bus on that day and it was not able to operate the above said bus as per schedule and it was also not able to arrange an alternative arrangements as it is an unprecedented busy day in connection with Aattukal Pongala. As per Ext.A1 it is seen that complainant had booked the bus ticket for travelling from Calicut University bus stop to Moovattupuzha on 25/02/2024 at 10.AM. Opposite parties also admitted the same. From Ext. B1 it is clear that the booking is confirmed on 22/02/2024 and complainant paid Rs.358/-as the ticket charge. In Ext.B2 the terms and conditions, opposite parties stated that “once you reserve tickets on their site , you are deemed to have agreed to the terms and conditions set forth below and once clicked in the terms and conditions button , you have entered into a formal agreement with KSRTC for the purpose of transactions in the website”. In that document itself opposite parties also stated in the column service cancellation they stated that if any service having advance reservation facilities cancelled , the same will be intimated to all reserved passengers from the concerned unit from where the bus operates. They also stated in the column that in case service cancellation, alternate travelling facility will be arranged by KSRTC. Under any circumstances, if alternate arrangements cannot be made, the same will be intimated to all reserved passengers. In such cases, passenger is eligible for 100% refund of ticket fare excluding reservation/ payment gate way charges. In the column general conditions for cancellation in Ext. B2 they stated that for effecting refund, passenger shall cancel the ticket in reservation portal within 30 days from the date of travel. From Ext. B3 it is clear that an amount Rs. 353/- had already refunded to complainant on 23/04/2024 and the refund completed on 24/04/2024.
11. While perusing the affidavit and documents of both parties it is seen that complaint of complainant is true and genuine. Both parties admitted that complainant had booked a ticket from the online site of opposite parties for travelling to moovattupuzha from Calicut University bus stop on 25/02/2024 at about 10 AM. Opposite parties have not produced any documents before the Commission to prove that the complainant was informed that the bus was cancelled
due to Aattukkal Pongala. They just simply provided the terms and conditions of KSRTC. But in Ext.B2 itself they admitted that as per the terms and conditions of KSRTC that if any service having advance reservation facility is cancelled the same will be intimated to the reserved passengers from the concerned unit from where the bus operates. But they did not provide any document to show and prove their contention regarding cancellation and intimation about that to the passengers especially complainant. In their version and affidavit they stated that instructions were already given to the concerned officers to inform about the cancellation of that schedule to passengers and duty was performed by the enquiry officer who was on duty at the Kozhikode Depot in proper time. But there is nothing to prove their contention. They just mentioned the above contentions without evidence. Opposite parties stated that they had provided arrangements to all the other 32 passengers reserved from Kozhikode to other services. But they did not submit even a piece of paper before the Commission to prove the same. It is easy for them to provide documents to prove their contention because all the transactions done through online.
12. In Ext. B2 they stated that if any service cancelled, alternative travelling facility will be arranged by them and if alternate arrangements cannot be made, the same will be intimated to all reserved passengers. In such cases, passenger is eligible for 100% refund of ticket fare excluding reservation/payment gate way charges. They refunded the amount after deducting some amount from the ticket charge and that too was done only on 24/04/2024. That means after 2 months of the service cancellation. It is also a deficiency in service from their side. Complainant filed this complaint on 01/04/2024 and opposite parties refunded the amount on 24/4/2024. That means they refunded the amount after filing the complaint. It is also against the terms and conditions of opposite parties. Moreover complainant paid Rs. 358/- to opposite parties and opposite parties refunded Rs. 353/- to complainant.
13. From Ext. A2 it is seen that complainant is a student who has 40% disability and the diagnosis of his case as Hypermetropia with Amblyopia (both eyes). The above certificate is issued from Government Medical College Hospital, Kozhikode to the son of complainant. He clearly stated that he was waiting for the bus from 9.30 AM till 1 PM with great difficulty in the scorching heat. It is true that complainant faced so much difficulty due to the cancellation of bus without informing him and it is his duty to wait for the bus for some time and he waited till 1 PM. The act of opposite parties to all passengers itself is a clear deficiency in service and towards complainant is more of unfair trade practice because he is disabled having 40%disability. The hot climate will surely affect the complainant. Hence complainant is entitled to get compensation and cost of the proceedings for the deficiency in service and unfair trade practice from the side of opposite parties. Moreover, they acted against their refund policy mentioned in Ext.B2 document and they refunded the amount to complainant after two months of cancellation of that schedule of opposite parties. There is no fault and latches from the side of complainant. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
14. We allow this complaint as follows:-
- The opposite parties are directed to pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs.5,000/-(Rupees Five thousand only) to the complainant as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated 22nd this day of November, 2024.
Sd/-
MOHANDASAN K., PRESIDENT
Sd/-
PREETHI SIVARAMAN C., MEMBER
Sd/-
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext. A1 & A2
Ext.A1 : Copy of ticket issued by opposite parties to complainant on 22/02/2024.
Ext.A2: Copy of certificate of disability given from Government Medical College
Hospital to complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B4
Ext. B1 : Copy of bus booking details and confirmation of complainant on 25/2/2024.
Ext. B2 : Copy of terms and conditions of opposite party .
Ext. B3: Copy of details regarding booking of the bus and regarding the details of
refund.
Ext. B4: Series are the copies of booking details of bus with opposite party by
complainant on 28/04/2024, 04/07/2024, 23/07/2024, 21/09/2024 etc.
Sd/-
MOHANDASAN K., PRESIDENT
Sd/-
PREETHI SIVARAMAN C., MEMBER
Sd/-
MOHAMED ISMAYIL C.V., MEMBER
