IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 08th day of October, 2024
Filed on: 11.12.2023
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No. 402/2023
between
Complainant:- | Opposite Parties:- |
Smt. Soumya. 1. The Chairman and Managing Director
W/o Sreejith Kerala State Road Transport Corporation
Saritha Bhavanam Office of Managing Director
Eravankara Muri, Thazhakkara Village TRANSPORT BHAVAN,
Now Residing at Fort, Trivandrum
Peedikayil Kizhakkethil Kerala, India-695023
Thulamparambu Vadakku Muri
Harippad Village, Haripad 2. Joint Managing Director
(Adv. U. Chandrababu) 391, 1st Floor, Main Block,
Government Secretariat,
Thiruvanamthapuram, Kerala-695 001
3. Station Master, KSRTC Bus Station
Alappuzha-688001
(All Ops are Exparte)
O R D E R
SMT. SHOLY.P.R (PRESIDENT IN CHARGE)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Complainant’s case briefly stated are as follows: -
In an urgent need of conveyance from Alappuzha to Kochi Airport as the complainant’s husband Mr. Sreejith.G got a job abroad at Kuwait scheduled to go on 22/5/2023 at 12.45 AM from Kochin International Air port to Kuwait International Airport on 21/5/2023 at about 2.12 PM the complainant’s husband approached KSRTC Alappuzha Bus Station where he was informed that there was Low Floor AC Bus at 5.10. PM on that day from Kommady, Alappuzha to Nedumbassery Airport and the said bus will reach Nedumbassery Air port at 10.30.PM on 21/5/2023 and also assured that the said bus will have to run in scheduled time as the same is only for the service to Airport conveyance. Believing the words of 3rd opposite party the husband of the complainant booked bus ticket from KSRTC counter, Alappuzha Bus station by paying an amount of Rs. 450/-. As told by 3rd opposite party, the complainant’s husband reached Kommady Byepass at 7.00 PM but the said bus came at 9.45 PM only. In between the complainant’s Husband contacted the 3rd opposite party for several times regarding the current location of the bus but they were giving false information that the bus has reached nearby place. The bus reached only after 12.15 AM in the morning at the airport and at that time the boarding was closed for the complainant’s Husband’s flight. After enquiry, the Airline company informed that a flight is available the next day if the passenger is willing to pay extra amount for the ticket. By hearing that the complainant’s husband was of the fear of losing the previous ticket amount of Rs. 17,250/- and booked another ticket by paying extra amount of Rs. 7,297/- for the next day’s flight fare. The said amount was arranged by the complainant from neighbours for debt and the complainant reached airport to give money for the complainant’s husband for any extra needs.
2. As the flight was on the next day, the complainant’s Husband had to stay back near the airport in a lodge and Rs. 1700/- was paid for the same in the lodge at Athani. The complainant’s Husband was offered a job as Master Chef in Hotel in Kuwait for a salary of Rs. 1,50,000/- INR but was failed to reach Kuwait on time and as a result, the complainant’s husband had to enter in another job with a salary of Rs. 45,000/- INR. The acts of the opposite parties caused much mental agony and financial loss to the husband of the complainant to which the opposite parties are jointly responsible to compensate. Though the complainant’s husband sent legal notice to the opposite parties, it was not responded by them except made an enquiry over phone. The complainant was entitled an amount of Rs. 450/- being the bus ticket booking charge, Rs. 7,297/- being the additional amount paid to Airlines, Rs. 1700/- being the rent for lodging along with Rs. 1,00,000/- as compensation for mental agony for compelled to accept the job disbursing half of the salary than the assured job. Hence this complaint.
3. Notice along with the copy of complaint served to the opposite parties 1 to 3 and they entered appearance on the first day of trial. However the opposite parties did not filed version within the stipulated period and hence the complaint proceed to exparte. In the meantime the opposite parties filed a petition (IA No. 108/2024) for accepting the version by excusing the delay for filing version contenting that they couldn’t served the copies of documents filed along with the complaint. The said petition was dismissed on an elaborated discussion and thereafter the complaint taken for exparte evidence.
4. The point raised for consideration are:-
1. Whether there is any deficiency in service on the side of opposite parties?
2. Whether the complainant entitled the reliefs sought for in the complaint?
3. Reliefs and cost?
5. Point No. 1 &2:-
The complainant’s case is that due to the delay of bus for conveyance to Kochi Airport the flight missed to the husband of the complainant which leads further problems like, they had incurred additional expense of Rs. 7,297/- for air ticket, lodging rent for stayed to access next day flight, lost the assured job abroad etc. and faced mental agony and financial loss. Accordingly the complainant filed this complaint on and behalf of her husband as authorized by him.
6. Even after accepting the notice along with copy of complaint the opposite parties did not filed version within time as stipulated in Consumer Protection Act, 2019, even though they appeared through an advocate on the first day of appearance. Without raising any contention regarding serving of copy of documents filed along with the complaint at the earlier time of appearance the opposite parties had alleged the said matter after elapsing the statutory period for filing version for accepting the same. In the said circumstance we could not accept the version of opposite parties as discussed in IA. No. 108/2024 and hence the complaint proceed to exparte.
7. As authorized by the husband of the complainant, the complainant filed evidence affidavit and 10 documents. The documents marked as Ext.A1 to A10. Ext.A1 is the copy of bus reservation ticket dtd. 21/5/2023, Ext.A2 is the booking details of flight tickets including the husband of the complainant. Ext.A3 is the invoice for room rent dtd.23/5/2023, Ext.A4 is the payment details to Indigo Airlines, Ext.A5 and Ext.A6 are the copy of legal notice to opposite party and its postal receipts respectively. Ext.A7 and Ext.A8 are the call details between the complainant’s husband and opposite party, Ext.A9 is the Rout details of the bus and Ext.A10 is the copy of Passport noting immigration of the complainant’s husband dtd. 22/5/5023.
8. Accepting the unchallenged complaint, evidence affidavit coupled with Ext.A1 to A10 and in the absence of contra evidence to rebut the delay of the arrival of bus to the destination of the complainant’s husband, we are of the opinion that the acts of the opposite parties would fall as deficiency in service from their part and thus the opposite parties are liable to the financial loss of the complainant’s husband in certain extend. However the complainant could not adduce cogent evidence to prove the loss of his employment as assured and compelled to accept another job having much lower remuneration than the assured employment, hence no question arise for compensation on that count. These points are answered accordingly.
9. Point No. 3:-
In the result complaint stands allowed in part in the following terms:-
A. Opposite parties are directed to pay Rs. 9,447/- ( Rs. 450/- + Rs. 7297/- + Rs. 1700/-) Rupees Nine thousand four hundred and forty seven only) to the complainant within one month from the date of receipt of this order, failing which the said amount shall carry an interest @ 9% per annum from 21/5/2023 till realization.
B. Complainant is entitled Rs. 3000/-(Rupees Three thousand only) as cost of proceedings from opposite parties.
The order shall be complied with within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission this the 08th day of October, 2024.
Sd/- Smt.P.R Sholy (President-In-Charge)
Sd/- Smt. C.K.Lekhamma.(Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Reservation Ticket
Ext.A2 - Booking Details of Flight Ticket
Ext.A3 - Room Rent Invoice dtd. 23/5/2023
Ext.A4 - Payment Details Indigo Airlines
Ext.A5 - Copy of Legal Notice
Ext.A6 - Postal Receipts
Ext.A7 - Call details between complainant’s Husband & Opposite party
Ext.A8 - Call details between complainant’s Husband & Opposite party
Ext.A9 - Rout Details of Bus
Ext.A10 - Copy of Passport
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Typed by:- Br/-
Compared by:- Assistant Registrar
