Date of Filing 03.10.2019

                                                                                                             Date of Disposal: 26.03.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                          …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                                ……MEMBER-I

               THIUR.P.MURUGAN, M.Com, (ICWA), BL.,                                                                     ……MEMBER-II

RBT/CC.No.49/2024

THIS TUESDAY, THE 26^th DAY OF MARCH 2024

Mr.M.S.Palanisamy, Advocate,

Sennimalai Illam,

28/35, Dr.Radhakrishnan Nagar,

Main Road, Thiruvanmiyur,

Chennai 600 041.                                                                                     ......Complainant.

                                                                                   //Vs//

1.The Branch Manager,

    KPN Travels,

    Omni Bus Stand, Koyambedu,

    Chennai 600 107.

2.The General Manager (Administration)

    KPN Travels,

   23-B, Rajaji Street,

   Sowanapuri, Salem 636 004.                                                        ……Opposite parties.

Counsel for the complainant                                 : M/s.T.Hemalatha, Advocate.

Counsel for the opposite parties                          : Mr.D.Narayana Kumar, Advocate.

This complaint has been filed before DCDRC, Chennai (North) as CC.No.20/2020 and transferred to this commission by the administrative order in RC.No.J1/3145/2023 dated 09.11.2023 of the Hon’ble State Consumer Disputes Redressal Commission, Chennai and taken on file as RBT/CC.No.49/2024 and this complaint coming before us finally on 12.03.2024 in the presence of M/s.T.Hemalatha, counsel for the complainant and Mr.D.Narayana Kumar, counsel for the opposite parties and upon perusing the documents and evidences of both sides this Commission delivered the following:

ORDER

PRONOUNCED BY Tmt. Dr.S.M. LATHA MAHESWARI, PRESIDENT

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties for the service rendered by them along with a prayer to pay a sum of Rs.698/- towards cost of the Bus ticket and to pay a sum of Rs.350/- towards Auto fare incurred by the complainant to return to his residence and to pay a sum of Rs.2,00,000/- towards compensation for the mental agony and hardship caused to the complainant.

Summary of facts culminating into complaint:-

2. Complainant is an Advocate residing in the city of Chennai.  Complainant made a reservation through RED BUS, a ticketing Portal for a sleeper berth ticket from Chennai to Mettur by a Bus run by the opposite parties M/s.KPN Travels leaving Koyambedu Bus terminus on 19.05.2019 at 10.15 pm.  Complainant also received confirmation of the reservation through email from RED BUS stating that the boarding point to be at Ashok Nagar and that reporting time as 22.00 hours on 19.05.2019 with PNR: E269330925. Complainant reported at Ashok Nagar boarding point at about 9.20pm on 19.05.2019.  However, the Bus to Mettur for which the complainant was holding reservation did not turn up till 10.40pm.  The complainant made several phone calls to the opposite parties in order to ascertain the status but there was no response from them. The complainant was totally exhausted but managed to reach the office of the 1^st opposite party by engaging an Auto.  The response at the office of the 1^st opposite party was also disappointing and there was no explanation whatsoever as to why the bus did not turn up.  However, some persons who were present in the office informed the complainant that he would get refund. One of the persons in the office attempted to make arrangements informally to send the complainant through a third party bus to Hosur to be dropped at Mettur but the same was not successful. Services of the opposite parties suffers from serious deficiency on the grounds of no prior intimation was given to the complainant about cancellation of the bus, no responsible persons were available at the office of the 1^st opposite party when the complainant visited in person, no alternate bus was arranged with the same or similar comfort so that complainant could reach his destination in time.  If the complainant had been informed in time he would have made an alternate arrangement to reach his destination.  No information was forthcoming from the opposite party through SMS or email regarding cancellation of bus service, refund of ticket etc., and no regret was ever expressed as to the physical and mental agony suffered by the complainant on the night of 19.05.2019.  Thus aggrieved by the act of the opposite parties the present complaint was filed for the relief as mentioned above.

The crux of the defence put forth by the opposite parties:-

3. The opposite parties filed version disputing the complaint allegations contending inter alia that they are just acting as an Agent only for the RED Bus.  Since the particular Bus was cancelled due to unforeseen circumstances, they were ready to accommodate the complainant in another Bus to Hosur to be dropped him at the destination place of Mettur, but the same was not accepted by him.  Complainant had booked the reservation ticket and made the payment directly to RED Bus, a ticketing portal.  The opposite parties had no direct contact with the complainant nor received any payment towards Bus fare from the complainant.  With a view to maintain a good relationship and to have continuous reputation among the public opposite party decided to refund the payment of Rs.698/- towards Bus fare and Rs.350/- towards Auto fare and made the payment to the account of the RED Bus, a ticketing Portal payable to the complainant. Complainant had failed to implead the RED Bus, the Ticketing Portal as one of the party in his complaint which was a necessary party.  Hence the complaint was not maintainable at all.  Opposite parties should not be made liable for any compensation since the cancellation of ticket amount as claimed by the complainant has been already paid by them to its Agent of RED BUS into their Bank Account with an instruction to remit the same to the complainant. Thus they sought for the dismissal of the complaint.

4. On the side of the complainant proof affidavit was filed and documents marked as Ex.A1 to Ex 5 were submitted. The opposite parties filed proof affidavit and documents marked as Ex.B1 & Ex.B2 were submitted.

 Points for consideration:-

1)    Whether the complaint as filed without joining “RED BUS” as a party to the proceeding make the complaint not maintainable on the ground of non-joinder of necessary party?

2)    Whether the complaint allegations with regard to deficiency in service committed by the opposite parties has been successfully proved by the complainant?

3)    If so, to what relief the complainant is entitled?

 Point No.1:-

5. Perused the pleadings, written arguments and material evidences produced by both parties.

Non-Joinder of necessary party:-

6. As a specific defence has been taken by the opposite parties that the complainant had booked ticket through the online Portal of the RED BUS, the person filed the present complaint failed alleging deficiency in service with regard to the cancellation of service without impleading RED BUS as a party to the proceedings is fatal we decided to discuss the same as a preliminary issue.

7. It is an admitted fact by both parties that the complainant had booked a ticket via the ticketing Portal, the RED BUS for sleeper berth ticket from Chennai to Mettur to travel on 19.05.2019 at 10.15pm. Though the complainant waited for a long time the bus did not turn up and hence the complainant by engaging an auto reached the opposite party’s office and on enquiry he came to know that the particular bus was cancelled due to certain unforeseen circumstances.  Thus, the present complaint was filed by the complainant alleging deficiency in service only on the part of opposite parties stating that they failed to inform about the cancellation of the service and no alternate arrangement was made for him to reach the destination and particularly no refund of the ticket amount was made by the opposite parties. Thus the allegations were alleged only against the Bus operator and not against the Ticketing Portal.

8. Further in Ex.A1, the copy of Bus ticket it is found that the RedBus does not take any responsibility for cancellation of the trip due to unavoidable reasons.  And in USER AGREEMENT of REDBUS it is found as follows,

LIMITED LIABILITY OF REDBUS

1.     Unless RedBus explicitly acts as a reseller in certain scenarios, RedBus always acts as an online technology platform by connecting the User with the respective service providers like bus operators etc. (collectively referred to as “Service Providers”). RedBus’s liability is limited to providing the User with a confirmed booking as selected by the User.

2.     Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. RedBus will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.

3.     Unless explicitly committed by RedBus as a part of any product or service:

1.     RedBus assumes no liability for the standard of services as provided by the respective Service Providers.

2.     RedBus provides no guarantee with regard to their quality or fitness as represented.

3.     RedBus doesn’t guarantee the availability of any services as listed by a Service Provider.

4.     By making a booking, User understands RedBus merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not RedBus. Thus the ultimate contract of service is between User and Service Provider.

Therefore, under these circumstances we are of the view that when no responsibility could be fastened on the portal RedBus, we come to a conclusion that non joinder of RedBus as a party to the proceedings does not affect the maintainability of the complaint.  Thus we answer the point accordingly in favour of the complainant and as against the opposite parties.

Point No.2:-

9. Coming to the merits of the complaint, the booking of ticket by the complainant through the portal of RedBus to avail the service of the opposite parties is not disputed by either of the parties. However, it is found that the complainant who had paid the ticket charges to travel on that particular date could not utilize the service, as the opposite party without any prior intimation had cancelled the service.  It is not disputed by the opposite parties that the ticket was booked through the e-ticketing portal and it is they who provide the transport services as found in their written version.  The opposite parties are not the agents of RedBus as alleged by them but it is only the RedBus which acts as an agent for the opposite parties to enable their customers to book the ticket for them for the services provided by the Bus Operators/opposite parties.  Therefore, when there as cancellation of service, may be due to electrical or mechanical problem as contended by them in their reply notice dated 01.06.2019 or may be due to some unavoidable circumstances, opposite parties has the duty to inform the persons who had booked the tickets with them well in advance and to make alternate arrangement for them to reach their destination being the Service Providers.  When no satisfactory explanation was given by the opposite parties for the cancellation of the services, not providing intimation to the complainant, not providing any alternate arrangement for the complainant to travel and not also refunding the ticket amount their service clearly amounts to deficiency in service on their part.  Merely refunding the amount to Red Bus will not absolve their liability.  Hence we answer the point accordingly in favour of the complainant and as against the opposite parties.

Point No.3:-

10. As we have held above that the opposite party had committed deficiency in service we think it is appropriate that a reasonable compensation to be awarded to the complainant for the mental agony and hardship suffered by him on the day of travel due to the failure in the service on the part of the opposite party in not informing about the cancellation of the trip resulting in complainant could not travel on that particular date.  Thus we award a compensation of Rs.25,000/- to be paid by the opposite party to the complainant along with the refund of the ticket amount and the auto Fare spent by the complainant on the date.

In the result, the complaint is partly allowed against the opposite parties 1 & 2 jointly and severally directing them

a) To refund a sum of Rs.698/- (Rupees six hundred and ninety eight only) towards the cost of bus ticket and to pay a sum of Rs.350/- (Rupees three hundred fifty only) towards auto fare incurred by the complainant to return to his residence within four weeks from the date of receipt of copy of this order;

b) To pay a sum of Rs.25,000/- (Rupees twenty five thousand only) towards compensation for the mental agony and hardship caused to the complainant;

 c) To pay a sum of Rs.5000/- (Rupees five thousand only) towards litigation expenses to the complainant;

d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 9% will be levied on the said amount from the date of complaint till realization.

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this 26^th day of March 2024.

     -Sd-                                                      -Sd-                                                           -Sd-

MEMBER-II                                        MEMBER-I                                              PRESIDENT

List of document filed by the complainant:-

            List of documents filed by the opposite parties:-

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MEMBER-II                                              MEMBER-I                                      PRESIDENT