Esplanade, Bus Booking Centre, Kolkata. ---------- Opposite Party
Present : Sri S. K. Majumdar, President.
Smt. Jhumki Saha, Member.
Sri T.K. Bhattacharya, Member
Order No. 9 Dated 1 0 / 0 3 / 2 0 1 0 .
Complainant Dr. D. Guhathakurta by filing a petion of complaint u/s. 12 of the C.P. Act, 1986 has prayed for issing direction upon the O.Ps. to return the fare of the tickets and to pay compensation of Rs. 1,00,000/- for his mental agony and pain.
In order to enjoy a pleasant trip the complainant along with his family members including his wife, minor children and old parents booked 9 tickets for Digha on 10/12/2008 and the date of journey was on 25/12/2008. O.P. no.1 having the tourist service arranged with Super Luxury Bus Service by Volvo / A.C. bus in collaboration with C.S.T.C. and W.B.S.T.C. issued 9 tickets to the complainant for his said journey and the time of departure was at 6-30 A.M. on 25/12/2008.
But with utter surprise it was found that out of 9 tickets only 5 tickets were there and for the rest 4 tickets the O.P. no.1 initially remained silent but ultimately arranged other traveling bus Jai Dada Volvo and O.P. no.1 only got 3 thickets from O.P. no.2 by paying further fair and refused to give another ticket and ultimately on miserable condition the petitioner along with his family member reached at Digha.
Ventilating all his grievances the petitioner on 05/03/2009 sent a Lawyer’s Notice and filed this case with the aforesaid prayers.
O.P. no.1 has contested this case by filling a written version on 13/07/2009 contending inter alia that the case is not maintainable in its present form and law.
But it has partly admitted that the petitioner purchased 9 tickets on 10/12/2008 for their journey to Digha on 25/12/2008. But due to non-availability of counter parts of 4 tickets out of 9 the agent of O.P. no.1 namely Friends Travel, O.P. no.2 could not procure 4 seats to the petitioner and so the first party petitioner Dr. D. Guhathakurta had to purchase 4 tickets from O.P. no.2 which is the main cause of action of the petitioner to file this instant case.
O.P. no.1 over telephone in several times requested the complainant to settle the matter amicably and to return the price of 4 tickets which the complainant had to purchase from O.P. no.2. But without paying any heed to such proposal and without accepting the proposal of amicable settlement the complainant has filed this case with the aforesaid prayer.
Decision with reason :
U/s. 58 of the Indian Evidence Act an admitted fact need not be proved. In the w/v. we have already said that O.P. no.1 requested the complainant to return the price of 4 tickets and to settle the matter amicable out side the Forum.
We must not loose sight of the fact that the complainant arranged for a pleasant trip to Digha at the time of X-Mas of 2008 along with his wife, minor children and aged parents he paid full price of 9 tickets (Annexure-‘A’). Purchasing of tickets of any journey through a vehicle or by train or air craft etc. is a contract between the buyer of the tickets and the seller of the same. In the instant case the seller O.P. no.1 is under contractual obligation to arrange 9 seats to the complainant for which the complainant paid full fare. But admittedly the complainant was not provided with 9 seats and he was only provided with 5 seats out of 9 and after long waiting at the Bus Terminus he could arrange for other 4 tickets on payment additional fairs which he was not under any obligation to pay.
The complainant along with his family member reached of the destination namely Digha with much suffering pains and strains. It was painfully shared by his aged parents and minor children. It was only for the deficiency in service on the part of the service provider O.P. no.1 the very pleasure of his journey was spoiled. Accordingly, the O.P. no.1 must have to eat humble pie and must pay adequate compensation to the complainant for unbearable sufferings caused to the complainant and other members of his family.
The complainant has not filed separate evidence on affidavit but by filing a verified petition on 03/09/2009 he has filed the evidence for treating and accepting the same as the evidence of the complainant. We also observe deficiency of service and unfair trade practice committed by the O.P. no.1.
We have also perused the B.N.A. of the complainant and noted its contents.
Therefore, considering the fact circumstances and records both oral and documentary we are of the opinion that there is merit in the case of the complainant and accordingly it succeeds.
Hence
Ordered
that the O.P. no.1 is directed to return the total fair of 9 tickets along with payment of compensation of Rs. 20,000/- and litigation cost of Rs. 2,000/- positively within 45 days from the date of communication of this order failing which it will carry interest @ 10% p.a. till full realization. No order is passed against O.P. no. 2.
Fees paid are correct.
Supply certified copy of this order to the parties on payment of prescribed fees.
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MEMBER MEMBER PRESIDENT
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