O R D E R
Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint under section 12 of the Consumer Protection Act seeking refund of Rs.138/- (ticket fare); Rs.3,000/- as compensation towards deficiency of service and interest @18% p.a., on the said amount besides costs.
2. In brief the averments of the complaint are hereunder:
The complainant at about 10.00 a.m. on 23-02-13 booked 3 tickets for the second show on the same day in the theatre at the 2nd opposite party through the 1st opposite party. The 1st opposite party gave a receipt to that effect allotting seat numbers A1 to A3. The complainant on 23-02-13 had gone to the theatre of the 2nd opposite party by engaging an auto. The 2nd opposite party did not allow the complainant and his family members as it did not receive any information from the 1st opposite party. The complainant and his family members felt ashamed of the above act and returned home by spending Rs.200/- in an auto. The complainant on 25-02-13 got issued notice to the opposite parties for which the 2nd opposite party alone gave reply. The above acts of the defendants amounted to deficiency of service. The complaint therefore be allowed.
3. The contention of the 1st opposite party in nutshell is hereunder:
The complaint is not maintainable for want of notice u/s 80 CPC. The complainant had booked 3 tickets for the 2nd show on 23-03-13 and paid Rs.138/- for which the 1st opposite party allotted seat numbers A1 to A-3 and issued electronic receipt in favour of Krishna Mahal (OP2) dated 23-02-13 with OPR No.306/1/16. The entire transaction of E-seva-GNT is under the control of Joint Collector and Additional Director @ Sevaguntur. The particulars of day to day proceedings from and to were forwarded by the concerned Mee-seva. Unless and until there is a vacancy of seats in the theaters tickets cannot be booked. The tickets of Krishna Mahal were booked basing on the availability as per the information available in the electronic media. As per electronic media the message recorded by the office will be automatically transferred to the concerned office/theatre immediately informing the availability of tickets and the tickets booked and the amount will be automatically transferred to the concerned theater by way of cheque. The said fact is available as per RC No.1/e/seva/gnt/2013, dated 01-03-13 issued by AO, E-seva District Office. The 2nd opposite party linked up with all Mee-seva centers. The information received or printed will automatically be received at the other end within a span of ten or fifteen minutes. The message will be remitted immediately after booking tickets to the concerned theaters. The 1st opposite party did not commit any deficiency of service. The complaint therefore be dismissed.
4. The 2nd opposite party did not receive any intimation/information from the 1st opposite party. By the time the complainant reached the theater of the 1st opposite party booking was closed and the picture has been started. As the film running in the theater of the 2nd opposite party was a newly released one there was heavy crowd and the tickets were issued much earlier to the show. The 2nd opposite party therefore did not commit any deficiency of service. The complaint therefore be dismissed.
5. Exs.A-1 to A-5 on behalf of complainant and Exs.B-1 and B-2 on behalf of 1st opposite party were marked. No documents were marked on behalf of the 2nd opposite party.
6. Now the points that arose for consideration in this complaint are:
1. Whether the opposite parties committed any deficiency of service and if so by whom?
2. Whether the complainant is entitled to compensation?
3. To what relief?
7. POINT No.1:- Exchange of notices (Exs.A-2 to A-5) between the complainant and the opposite parties took place. The complainant booking tickets for viewing the film in the theatre of the 2nd opposite party through the 1st opposite party (Ex.A-1) was not disputed. The complainant going to the theatre of the 2nd opposite party for viewing the film was not disputed by the 2nd opposite party.
8. It is the contention of the 2nd opposite party that he did not receive information from the 1st opposite party regarding Ex.A1 (=Ex.B1). On the otherhand, the 1st opposite party contended that the information of booking tickets thru it will be sent within a span of 10-15 minutes. Ex.B-2 revealed that the 1st opposite party booked 257 tickets during 11-02-13 – 28-02-13 relating to the theatre of the 2nd opposite party and remitted Rs.9260/- on 01-03-13 by way of cheque bearing No.090097.
9. The contention of the 2nd opposite party that it did not receive any information from the 1st opposite party regarding Ex.A-1 (=Ex.B-1) in our considered opinion cannot be accepted in view of Ex.B-2 which was not denied by it. The contention of the 2nd opposite party that the complainant reached the theatre after the show had begun leads to us to drawn an inference that it allowed the others to occupy the seats covered by Ex.A-1 and thus in our considered opinion corroborated the contention of the 1st opposite party. Therefore we hold that it is the 2nd opposite party who committed deficiency of service and answer this point against the 2nd opposite party.
10. POINT No.2:- In view of above findings, the complainant is entitled for return of ticket fare i.e., Rs.138/-. The contention of the complainant that himself and family members suffered inconvenience in coming to the theatre for the 2nd show and returning home without seeing the film is having considerable force. The complainant claimed Rs.3,000/- as compensation. Under any circumstances the compensation claimed by the complainant and himself and his two family members cannot be said as excessive. Under those circumstances awarding Rs.3,000/- as compensation as damages towards deficiency of service and inconvenience will meet ends of justice. We therefore answer this point also against the 2nd opposite party.
11. POINT No.3:- In view of above findings, in the result the complaint is allowed partly as indicated below:
1. The 2nd opposite party is directed to pay Rs.138/- (Rupees one hundred and thirty eight only) being cost of the ticket to the complainant.
2. The 2nd opposite party is directed to pay Rs.3,000/- (Rupees three thousand only) as compensation to the complainant.
3. The 2nd opposite party is directed to pay Rs.1,000/- (Rupees one thousand only) towards costs of the complaint.
4. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of the copy of the order and in case of default the amounts mentioned in the columns 1 and 2 carry interest @9% p.a., from the date of order.
5. The claim against OP1 is dismissed without costs.
Typed to my dictation by Junior Steno, corrected by me and pronounced in the open Forum dated this the 8th day of August, 2013.
Sd/-XXX Sd/-XXX Sd/-XXX
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. |
DATE |
DESCRIPTION OF DOCUMENTS |
A1 |
23-02-13 |
Copy of mee-seva receipt |
A2 |
25-02-13 |
Copy of registered legal notice |
A3 |
|
Postal acknowledgement from OP1 |
A4 |
|
Postal acknowledgement from OP2 |
A5 |
28-02-13 |
Reply notice from OP2 |
For 1st opposite party:-
Ex.Nos. |
DATE |
DESCRIPTION OF DOCUMENTS |
B1 |
23-02-13 |
Copy of mee-seva receipt |
B2 |
01-03-13 |
Copy of statement of account |
For 2nd opposite party:- Nil
Sd/-XXX
PRESIDENT
NB: The parties are required to collect the extra sets within a month after receipt of this order either personally or through their advocate as otherwise the extra sets shall be weeded out.
