1. Brief fact of the case of the complainant is that on 23.08.2019, she booked 3 nos. of tickets for Rs. 660/- for journey at Malkangiri for herself, her mother (66 years) and her father (76 years) from Jeypore to Gumuda vide PNR No. O5295980 in a High – Tech Bus which starts from Nabarangpur to Paralakhemundi with boarding facility from Jeyproe to Gumudaand the time as mentioned as 7.00 P.M. evening.It is alleged while she alongwith her parents reached at Jeypore by 6.30 P.M., she came to know that the alleged bus has already been cancelled since the same morning and on enquiry in the counter thereby, the concern staff did not mention any reasons for such cancellation.It is further alleed that while she asked for refund of ticket fare, the concern staff rudely replied and suggested to contact with the O.Ps, and being a lady she left the place without any argument and for such cancellation, she hired a taxi and paid Rs. 5,000/- for her journey on the ground of a death case.Further it is alleged that on the next day, she complained the O.Ps on their email address i.e. helpdesk@busindia.com on two times, since she did not get any good response from the O.Ps, she filed this case showing deficiency in service on the part of the O.Ps with a claim of Rs. 660/- towards ticket fair with interest, Rs. 5,000/- towards taxi fare, Rs. 1,00,000/- towards compensation for mental agony and financial loss and Rs. 10,000/- towards costs of litigation.
    
2. That the O.Ps have appeared through their Ld. Counsel and filed their counter admitting the booking of alleged ticket by the complainant through their online system, but denied the other allegations contending that since the complainant has purchased the alleged ticket through online system and not from their counter, as such she is not the consumer under them.  Further it is contended that since the complainant has filed any document towards payment of Rs. 5,000/- as taxi fare, as such she is not entitled for such amount and with other contentions, they have prayed to dismiss the case against them.
    
3. Complainant has filed certain documents in support of her allegations such as :

1. Copy of correspondence dated 05.09.2019 time 5.33 PM
2. Copy of correspondence dated 02.09.2019 time 12.32 PM
3. Copy of correspondence dated 05.09.2019 time 3.05 PM
4. Copy of correspondence dated 24.08.2019 time5.42 PM
5. Copy of ticket bearing PNR No. O5295980 dated 23.08.2019
6. Copy of transaction details showing payment of Rs. 660/-

Whereas the O.Ps did not choose to file any documents in support of their contentions.

4. During hearing it is ascertained from the parties that the O.Ps have credited the paid amount in the account of complainant towards bus fare.
    
5. In the instant case, it is an admitted that complainant booked one ticket vide PNR No. O5295980 dated 23.08.2019 through online system of the O.Ps.  The allegations of complainant is that while reaching at Jeypore Bus Stand alongwith her old parents, she came to know that the alleged bus was already cancelled since the morning and in that regard no intimation or information was given to her by the O.Ps, for which she was compelled to hire a taxi and paid Rs. 5,000/- and due to non response at the counter of O.Ps. she suffered mental agony and sustained financial loss, whereas the contentions of the O.Ps is that complainant is not a consumer as she has not booked the ticket at their counter and since the complainant has not filed any documents towards payment of Rs. 5,000/- as taxi fare, as such she is not entitled any reliefs.

6. Now the question is arose before us that

1. whether the complainant is a consumer under the O.Ps and
2. whether she has paid Rs. 5,000/- towards taxi fare ?

7. Now coming to the first point, we have gone through the documents filed by the complainant and ascertained that complainant has booked the alleged ticket vide PNR No. O5295980 dated 23.08.2019 wherein it is clearly mentioned as “OSRTC Orissa State Road Transport Corporation, E-Ticket / Reservation Voucher”, but nowhere in the said ticket it is mentioned that the Online system is a separate entity and does not belong to the O.Ps, rather in the important portions of the alleged tickets it is clearly mentioned that the O.Ps have reserved their rights to change/ cancel the class of service against the alleged tickets.  Hence from the above points, it is clearly established that the alleged ticket belongs to the O.Ps and since the complainant availed the conveyance service from the O.Ps by means of monetary consideration of Rs. 660/- she is a consumer under the O.Ps.   Accordingly, the answer goes in favour of the complainant.

8. Now coming the second point, the complainant could not able to file any document to prove her submission regarding payment of Rs. 5,000/- towards taxi fare throughout the proceeding, hence in this circumstance, the version of complainant cannot be believable. Accordingly, the answer goes in favour of the O.Ps.

9. During hearing, it is ascertained from the submissions of Complainant that had the O.Ps inform her about the cancellation of the alleged bus, than she w0uld have postponed her journey, whereas she actually travel from a far distance i.e. from Malakangiri which is about 105 KMs from Jeypore and since the O.Ps have not intimated her about such cancellation, as such she suffered financial loss and mental agony.On the other hand, the O.Ps have contended that due to brake down, the alleged bus was cancelled, which was beyond the controlled, but the O.Ps have miserably failed to produce any documentary evidence to that effect.Hence the contentions of O.Ps cannot be accepted at this moment and we feel, Complainant definitely faced mental agony and sustained financial loss.
    
10. Further the allegation regarding the mental agony and financial loss, we think naturally, complainant being a lady accompanied with her old parents, if found the alleged bus is cancelled without any information or any intimation, definitely she would have faced mental agony and due to non refund of the paid amount of Rs. 660/- she must have sustained financial loss.  Further it is observed that it was the duty on the part of the O.Ps that to inform their customers if any bus is cancelled and to refund the amount of bus fare, but without informing the complainant, the O.Ps have taken such plea which adversely affect their contentions.    Further it is ascertained that the O.Ps have refunded that paid amount towards bus fare after filing of the present case i.e. to say for about lapse of one month to the complainant.  Hence in our view, the complainant only entitled for compensation and costs.  Hence this order.
    
                                                                                          ORDER

The complaint petition is allowed in part. O.Ps are herewith directed to pay compensation of Rs. 5,000/- for causing mental agony, physical harassment and financial loss and also to pay Rs. 2,000/- towards costs of litigation within one month from the date of receipt of this order, failing which, the compensation amount of Rs. 5,000/- shall carry interest @ 10% p.a. from the date of order till payment.

Pronounced in the open Forum on this the 16^th day of January, 2020.

Issue free copy to the parties concerned.