Tamil Nadu

South Chennai

CC/309/2015

M/s.D.Bhuvaneswari, Sree Homes - Complainant(s)

Versus

The Manager, NTL Call Taxi, New Travel Lines India Pvt Ltd - Opp.Party(s)

S.Sriramulu

19 Sep 2019

ORDER

                                                                  Complaint presented on : 20.07.2015

                                                                    Date of Disposal            : 19.09.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.309/2015

DATED THIS THURSDAY THE 19^TH DAY OF SEPTEMBER 2019

                                 

Mrs. D. Bhuvaneswari,

W/o. Mr. S. Sriramulu,

“Sree Homes”,

No.8, 6^th Street,

Annanur Railway Station Road,

Chennai – 600 077.                                                        .. Complainant.                                                      

                                                                                              ..Versus..

The Manager,

NTL Call Taxi,

New Travel Lines (India) Private Limited,

No.811, Vummidiars Shopping Complex,

Muttayal Reddy Street,

Alandur – Mount Road,

Chennai – 600 002.                                                    ..  Opposite party.

 

Counsel for the complainant     : M/s. S. Sriramulu

Counsel for the Opposite party : Mr. A. Palaniappan

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.380/- being paid towards the taxi charges along with interest upto the date of payment and to pay a sum of Rs.85,000/- towards compensation for mental agony and for causing depression with cost of Rs.15,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she is an Advocate booked the opposite party’s call taxi to travel on 06.05.2015 at about 19 hours upto Motel Highway at 400 Ft Poonamallee High Road for a pickup service from the residence of the complainant on 07.05.2015 at 03.45 A.M.  The complainant submits that on 06.05.2015, immediately after calling the opposite party, she attended the call and booked the vehicle to pick up the complainant at 03.45 A.M. from her residence on 07.05.2015.   The complainant submits that the said booking was the travel upto Motal Highway, the next day travel to Bangalore in order to attend an important work.  The complainant submits that the opposite party informed the complainant that the journey is in order and the booking number also issued.  Despite the complainant insisted to confirm the booking as the complainant was very desperate in travelling to Bangalore next day.   As per the instruction of the opposite party, the complainant called the opposite party at 02.30 A.M. on 07.05.2015 an hour before the journey.  The opposite party confirmed the status of the vehicle booked at 3.14 A.M. by a message in detail with the mobile number of the driver, booking ID cab number, driver’s mobile number etc.  The Booking ID is B15050700100128, CAB No. is TN 22 BP 5194 and the Driver’s number is +91 9940633209.  But to the dismay, no such vehicle was sent by the opposite party for pickup.  The complainant waited till 3.45 A.M.  Even after repeated contacts, the opposite party sent another message to ignore the earlier message at 04.14 A.M. conveyed that booking details of a different vehicle with different driver details etc viz the Vehicle No.TN 18 U 9435, Driver No.+91 8870989916.  The complainant submits that after receiving the message of the opposite party at 04.43 A.M., if the complainant board the vehicle within 10 minutes failing which, she would be forced to pay the waiting charges etc.  But the opposite party sent the vehicle only at 05.00 A.M. and the complainant reached the destination of Motel Highway at 05.10 A.M.   But the cancellation of the first booking and delay of sending the vehicle by the opposite party caused great hardship.  The complainant submits that due to the inordinate delay, the entire work of the complainant was spoiled which caused great anguish and loss.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.    Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.   The opposite party states that the complainant booked a call taxi on 06.05.2015 at about 19 hours and requested for a pickup service from the complainant’s residence on 07.05.2015 at 3.45 A.M. to drop her at Motel Highway in Poonamalle 400 ft. Road.  The Booking Officer of the opposite party told the complainant to call an hour before the time of journey in order to get the booking number, details etc.  The complainant made her request at 2.30 A.M. on 07.05.2015 to book the vehicle for the journey at 3.14 A.M. was duly booked and the booking number given, cab number assigned, driver’s mobile number also given by way of message for due confirmation of the complainant.  The Booking ID is B15050700100128, CAB No. is TN 22 BP 5194 and the Driver’s number is +91 9940633209.  But unfortunately, the deputed driver has not reached the residence of the complainant at 3.45 A.M.  Thereby, the said booking was cancelled and the opposite party made alternate arrangement at the request of the complainant by the message of 4.14 A.M. with another vehicle, booking ID etc the Vehicle No.TN 18 U 9435, Driver No.+91 8870989916.  The vehicle also reached the residence of the complainant at 05.00 A.M. and picked up the complainant and reached the destination at 05.10 A.M.  The opposite party submits that on the request of the complainant the booking was taken up on file and due ID number also given with vehicle number, driver’s mobile number. Due to unfortunate circumstances, the driver was not able to attend the duty of picking up the complainant and the driver’s mobile number also switched off.  The opposite party submits that immediately after the request of the complainant at 04.14 A.M. due booking was done and the ID number given, vehicle number given, driver’s mobile number given and the complainant availed the service of the opposite party through the call taxi and performed the journey.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A3 are marked.  Proof affidavit of the opposite party is filed and no document is marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.380/- paid towards opposite party taxi charges as prayed for?
2. Whether the complainant is entitled to a sum of Rs.85,000/- towards compensation for mental agony, deficiency in service, negligence with cost of Rs.15,000/- as prayed for?

5.      On point:-

Both parties field their respective written arguments. Perused the records namely; the complaint, written version, proof affidavits and documents.   The complainant is an Advocate booked the opposite party’s call taxi to travel on 06.05.2015 at about 19 hours upto Motel Highway for a pickup service from the residence of the complainant on 07.05.2015 at 03.45 A.M.  Ex.A1 is the booking calls and messages.  Further the contention of the complainant is that on 06.05.2015, immediately after calling the opposite party, he attended the call and booked the vehicle to pick up the complainant at 03.45 A.M. from her residence on 07.05.2015.   Further the contention of the complainant is that the said booking was for a travel to Bangalore on order to attend an important work.  But the complainant has not produced any record to prove the importance of travel etc.  Further the contention of the complainant is that the opposite party informed the complainant that the journey is in order and the booking number also issued.  But failed to confirm the booking which amounts to unfair trade practice. 

6.     Further the contention of the complainant is that as per the instruction of the opposite party, the complainant called the opposite party at 02.30 A.M. on 07.05.2015 an hour before the journey is not denied by the opposite party. The opposite party confirmed the status of the vehicle booked at 3.14 A.M. by a message in detail with the mobile number of the driver, booking ID cab number, driver’s mobile number etc.  But to the dismay, no such vehicle was sent by the opposite party for due pickup.   The driver also switched off the mobile. Thereby, the complainant was compelled to wait till 03.45 A.M. amounts to deficiency in service.  Even after repeated contacts, the opposite party sent another message to ignore the earlier message at 04.14 A.M. conveyed that booking details of a different vehicle with different driver details as per Ex.A3.  The complainant further contended that after receiving the message of the opposite party at 04.43 A.M., if the complainant board the vehicle within 10 minutes failing which, she would be forced to pay the waiting charges etc.  But the opposite party sent the vehicle only at 05.00 A.M. and the complainant reached the destination of Motel Highway at 05.10 A.M.   But the cancellation of the first booking and delay of sending the vehicle by the opposite party caused great hardship and mental agony.  Such cancellation at the penultimate hours and sending the vehicle after inordinate delay amounts to negligence and deficiency in service.  Further the contention of the complainant is that due to the inordinate delay, the entire work of the complainant was gone into vain which caused great anguish and loss.  But the complainant has not pleaded and proved what are the works ended in vain due to the delay caused by the conveyance of the opposite party.  Equally, the complainant has not adduced any evidence or produced any document to prove the loss muchless, pecuniary loss.  The complainant is claiming to refund a sum of Rs.380/- paid towards call taxi charges after performing the travel and availed the delayed second service of the opposite party.  The complainant is also claiming a sum of Rs.85,000/- towards mental agony, deficiency in service, negligence etc.

7.     The contention of the opposite party is that admittedly, the complainant booked a call taxi on 06.05.2015 at about 19 hours and requested for a pick service from the complainant’s residence on 07.05.2015 at 3.45 A.M. to drop her at Motel Highway in Poonamalle 400 ft. Road.  The Booking Officer of the opposite party told the complainant to call an hour before the time of journey in order to get the booking number, details etc.  The complainant made her request at 2.30 A.M. on 07.05.2015 to book the vehicle for the journey at 3.14 A.M. was duly booked and the booking number given, cab number assigned, driver’s mobile number also given by way of message for due confirmation of the complainant.  The Booking ID is B15050700100128, CAB No. is TN 22 BP 5194 and the Driver’s number is +91 9940633209.  But unfortunately, the deputed driver has not reached the residence of the complainant at 3.45 A.M.  The driver was not able to attend the duty of pick up and the driver’s mobile number also switched off amounts to unfair trade practice.  Thereby, the said booking was cancelled and the opposite party made alternate arrangement at the request of the complainant by the message of 4.14 A.M. with another vehicle, booking ID etc viz the Vehicle No.TN 18 U 9435, Driver No.+91 8870989916.  The vehicle also reached the residence of the complainant at 05.00 A.M. and picked up the complainant and reached the destination at 05.10 A.M.  But both the parties has not produced any document to prove the pick and drop except the pleadings.  

8.     Further the contention of the opposite party is that on the request of the complainant the booking was taken up on file and due ID number also given with vehicle number, driver’s mobile number is admitted. Due to unfortunate circumstances, the driver was not able to attend the duty of picking up the complainant and the driver’s mobile number also switched off.  It is an admitted fact on the side of the opposite party proves the deficiency in service.  Further the contention of the opposite party is that immediately after the request of the complainant at 04.14 A.M. due booking was done and the ID number given, vehicle number given, driver’s mobile number given and the complainant availed the service of the opposite party through the call taxi and performed the journey.   Though the opposite party made alternative arrangement for complainant’s to fraud to the destination decided by her she reached the destination 1 hour late thereby the entire work of the complainant to attend important court work at Bangalore next day delayed which has caused great mental agony and hardship amounts to deficiency in service on the part of the opposite party.  The allegation that due to the delay in pickup, the complainant was put to great hardship in attending a case at Bangalore.  But there is no evidence related to case and all other particulars proves that there is pecuniary loss.   Further the complainant availed the opposite party’s call taxi service in a delayed manner from her residence to Motal Highway Poonamallee.  Hence, she is  not entitled to get refund of taxi fare of Rs.380/-.  Further the complainant claimed compensation for mental agony, depression, deficient and negligent service of the opposite party has not proved with qualified documentary evidence.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a sum of Rs.10,000/- towards compensation for delayed service with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite party is directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for delayed service with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 19^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of bill details (outgoing and incoming calls) and SMS pertaining to mobile number 9444577866
Ex.A2	09.05.2015	Copy of legal notice to the opposite party
Ex.A3	07.05.2015	Copy of bills issued by he opposite party

 

OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

 

MEMBER                                                                                PRESIDENT