Tamil Nadu

North Chennai

49/2014

D.Thangaraj, - Complainant(s)

Versus

The Branch Manager,M/s.Olivia Travels, - Opp.Party(s)

M/s.S.Suresh

06 Jan 2016

ORDER

 

                                                              Complaint presented on  :  05.03.2014

                                                                Order pronounced on  :  06.01.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.S.PANDIAN B.Sc., LL,M.,        :         PRESIDENT(IC)

                    TMT.T.KALAIYARASI, B.A.B.L.,            :     MEMBER II

 

WEDNESDAY THE  06^th  DAY OF JANUARY 2016

 

C.C.NO.49/2014

 

D.Thangarai

No.8 (Old No.5), 17^th Street,

TANSI Nagar Extentsion,

Velachery, Chennai – 600 042.

                                                                                           ..... Complainant

..Vs..

	1.The Branch Manager, M/S.Olivea Travels, No.171, Jawaharlal Nehru Road, Inner Ring Road, Arumbakkam, Chennai – 600 106.   2.M/S.Olivea Travels, M/S. Blue Hill Logistics (P) Ltd., Rep by its Regional Manager, # 171, 2nd Floor, Brigade Road, Nilgiri’s Building, Bengaluru 560 001.   3.The Branch Manager, M/S.Olivea Travels, Shinivagala, 4th Block, Ejipura, Bangaluru – 560 034. (Complaint against Opposite Party 1 & 3 is withdrawn as per endorsement dated 19.12.2014)
	...Opposite Parties

Date of complaint                                  14.08.2014

Counsel for Complainant                      :M/S S.Suresh

Counsel for 1^st & 3rd Opposite party       :Withdrawn

 

Counsel for 2^nd  Opposite Party                      : Ex parte       

 

O R D E R

 

BY PRESIDENT THIRU. S.PANDIAN,  B.SC., LL.M.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          That on believing the representations in the official web sites and the advertisements in the media that the Opposite Parties 1 to 3 are plying luxury buses from Chennai in the name and style of M/S.Olivea Travels, the Complainant booked two online tickets on 25.03.2013 for his daughter and son-in law to travel from Chennai to Bangalore on 30.03.2013 at 06.30 hrs. The payment was made through credit card and the second Opposite Party confirming the booking done by the Complainant.

2. All of a sudden on 28.03.2013 Opposite Party 1 to 3 sent SMS to the Complainant’s mobile phone stating that due to unavoidable technical snag they were unable to operate OL-201 (MAA_BLR) at 6.30 hrs on 30.03.2013 and would refund the entire amount. The said message came from the phone No.919940141905. The version of the Opposite Parties for cancelling the trip just two days before the schedule departure is hard to believe. Assuming it to be true the  Opposite Parties had solid 2 days for making alternate arrangement. Since the Opposite Parties owned several buses, if they had cared for providing good service to their customers, they could have easily arranged for an alternate bus. The Opposite Parties 1 to 3 have not done so. They did not bother about  the consequence of cancellation within a short span of time.

3. When the opposite parties failed to provide alternate arrangement, they should have at least refunded the money immediately. The Opposite Parties 1 to 3 neither refunded the money nor provided any  other transport facilities for the Complainant to go to Bangalore. So, the Complainant could not get tickets in any other bus or train as Opposite Parties had cancelled the service by giving them little time for reservation.

4.The Complainant states that with no other options, they had to hire a taxi to go to Bangalore on 30.03.2013. Due to the poor service of the Opposite Parties, the  Complainant had to pay a sum of Rs.15,000/- for the taxi. In spite of repeated reminders over phone and mails, the Opposite Parties have not refunded till date the sum of Rs.3,700/- being the ticket amount. Later on, the Complainant came to know through the reviews of bus services of the Opposite Party that the Opposite Party has cheated several persons like this and they would never refund the ticket amount after cancellation.

 5.Though the legal notice dated 13.04.2013 was received by Opposite Parties 1 o 3 and till date they have not come forward to refund the amount. Hence the act of the Opposite Parties 1 to 3 clearly amounts to Deficiency in Service and they are liable to compensate for the monetary loss and mental agony suffered by the Complainant. Hence this Complaint.       

6.Inspite of sufficient opportunities given to the Opposite Party 2, he has not chosen to appear before this Forum and proceed further with. Hence Opposite Party 2 was set  Ex-parte.

          7.On the side of the Complainant the proof affidavit is submitted as his evidence and Ex.A1 to A6 are marked.

8.At this juncture the vital point for determination before this Forum is,

1.Whether there is any Deficiency in Service on the part of the Opposite   

    Party 2 as alleged in the Complaint?

2. To what other relief  as the Complainant is entitled?

9.Written arguments submitted by the Complainant and in addition to that oral arguments also adduced.

10.Though the Opposite Party 2 is remained Ex -parte, this Forum wants to dispose this Complaint on merits with available documents.

11.POINT:1

          According to the case of the Complainant is that initially the Opposite Party 2 has confirmed the two tickets booked through online to travel from Chennai to Bangalore   on payment of Rs.3,700/-  towards the cost of two tickets and thereafter suddenly on 28.03.2013, the Opposite Party 2 cancelling the said tickets due to  the  reason  for cancellation of  the operations  of the bus on technical snag through SMS  which  caused much hardship and financial loss to the Complainant.

          12.In order to prove the above allegations the Complainant has filed his proof affidavit as evidence. It is learnt  from the evidence that the confirmation of two tickets through e-mail dated 25.03.2013 which is marked Ex.A1. Similarly Ex.A2 is the e-mail communication dated 25.03.2013 for confirming the payment and the SMS dated 25.03.2013 from the Opposite Party 2 for confirming booking of tickets is marked as  Ex.A3. While so, it is further stated in the proof affidavit that all of a sudden, on 28.03.2013 the Opposite Party 2 has sent Ex.A4  SMS message by stating  that  they are cancelling the operation of bus on 30.03.2013, the day of travel booked by the Complainant for the reason of technical snag and the cost would be refunded entirely. Such SMS related to the promise of the refund the entire amount is marked as Ex.A6. The sudden attitude of the cancellation of the booked tickets  has caused much difficulties in proceeding the plan of travel by the family members of the Complainant in booking alternate transportation within a short spell of time and thereby the Opposite Party 2 has committed the Deficiency in Service. Not only that though the Ex.A5 legal notices dated 13.04.2013  and 28.02.2014 were sent to the Opposite Party 2 and  the same has been acknowledged by the Opposite Party 2 but he  did not come forward to refund the cost of the tickets.

          13.From the forgoing evidence and documents the Complainant has proved the allegations made in the Complaint without any doubts. While so, the Opposite Party 2 has neither appeared nor  to  bring any evidence before this Forum in order to rebut the evidence adduced by the Complainant. Therefore, this Forum can easily drawn an adverse inference against the Opposite Party 2.

          14.In the light of the above facts and circumstances and the observation made above, this Forum without any hesitation to hold that the Deficiency in Service on the part of the Opposite Party 2  has been proved and there by  caused mental agony and financial loss to the Complainant.  Thus the point-1  is answered accordingly.

 

15.POINT:2

          In view of the conclusion arrived in point -1, this Forum  decided that the Complainant is entitled for the refund of cost of the  two tickets to the tune of Rs.3,700/-  and the reasonable compensation  with cost. Thus the point no – 2 is answered accordingly.

          In the result, the Complaint is allowed in part. Accordingly the Opposite Party 2 is directed to refund the cost of the two tickets of Rs.3,700/- (Rupees three thousand and seven hundred only) and the compensation of Rs.10,000/- (Rupees ten thousand only)for causing mental agony and monetary loss to the Complainant due to the Deficiency in Service on the part Opposite Party 2 with cost of Rs.3,000/- (Rupees three thousand only).

The above amounts shall be payable to the complainant within 6 weeks from the date of receipt of the copy of this order, failing which the amounts shall carry 9%  interest till the date of payment.

          In respect of Opposite Parties 1 and 3 the Complaint is dismissed as per the endorsement already made on 19.12.2014 by the Complainant as withdrawn.

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 06^th   day of January 2016.

 

MEMBER – II                                                               PRESIDENT

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex. A1 dated 25.03.2013                  Tickets Vide Mail

Ex.A2 dated 25.03.2013                   Payment Confirmation Vide Mail

Ex.A3 dated 25.03.2013                   SMS given confirming the tickets

Ex.A4 dated 28.03.2013                   SMS Informing Cancellation of the service

Ex.A5 dated 13.04.2013         Legal notice and acknowledgement card

Ex.A6 dated 28.03.2013                   SMS giving confirmation to refund the amount

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES:

                                                ….NIL…..

 

MEMBER – II                                                               PRESIDENT