BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

06^th DAY OF OCTOBER 2015

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) to pay an amount of Rs.15,000/- as compensation for the inconvenience suffered by him and to pay cost and such other reliefs on the allegations of deficiency in service.

2. The brief averments made in the complaint are as under:

The complainant booked a Taxi through OP for two days to attend a family function i.e., on 08.02.2015 and 09.02.2015 and gave the details of his residential place along with timing to reach the place of destination.  The complainant is residing at the above said address and he wanted to reach Rajarajeshwarinagar, BHEL Layout extension.  The OP sent the booking confirmation through e-mail.  The copy of which is produced as document No.1.  On 08.02.2015 at about 4.30 P.M the OP sent Taxi/Indica Car.  
The complainant reached Rajarajeshwari Nagar along with his parents and wife.  After the function the complainant informed the OP to send vehicle in between 10.00 P.M to 10.30 P.M but they did not send the vehicle also whenever the complainant contacted the OP they were telling that within 10 minutes the vehicle will reach.  Up to 11.00 PM the complainant and his family were to wait by the road side without having any transport to reach their house.  Finally the complainant asked the OP to send vehicle that he is ready to pay more amount because his aged parents and his wife were on the road side.

3. At about 12.00 PM the OP expressed their inability to send the vehicle, asking sorry for the inconvenience.  Due to this complainant and his parents suffered tension and mental agony because of non performance of the promise made by the OP.  On 09.02.2015 the OP sent a e-mail asking sorry for their failure in arranging the vehicle.  But the complainant asked the OP to compensate in terms of money because the OP should not repeat the same thing to others also.  Due to the irresponsible behavior on the part of OP the complainant and his family members have suffered tension and mental agony.  Therefore, the complainant got issued a legal notice dated 26.02.2015 and despite the said notice, the OP neither complied the demand made in the said notice nor replied to the said notice.

For the aforesaid reasons, the complainant prays for a direction to the OP to pay him a sum of Rs.15,000/- with costs.

4. Despite service of notice, the OP failed to appear and was placed ex-parte.

5. Thereafter the complainant has filed his affidavit evidence and also written arguments.

6. Perused the averments made in the complaint, affidavit filed in lieu of evidence, written arguments, documents filed by the complainant and other materials placed on record.

7. As claimed by the complainant, he booked a Taxi for two days through OP i.e., on 08.02.2015 and 09.02.2015.  Complainant and his family members wanted to reach Rajarajeshwari Nagar, BHEL Extension to attend the family function.  Complainant booked a Taxi through e-mail and it was confirmed by the OP.  On 08.02.2015 at about 4.30 P.M the OP sent Taxi/Indica Car, the complainant reached Rajarajeshwari Nagar along with his parents and wife.  After the function the complainant informed the OP to send vehicle in between 10.00 P.M to 10.30 P.M but they did not send the vehicle.  Whenever the complainant contacted the OP they were telling that within 10 minutes the vehicle will reach.  Up to 11.00 PM the complainant and his family were forced to wait at the road side without having any transport to reach their house.  Finally the complainant asked the OP to send vehicle and that he is ready to pay more amount because his aged parents and his wife were waiting by the road side.

8. At about 12.00 PM the OP expressed their inability to send the vehicle, asking sorry for the inconvenience.  Due to this the complainant and his parents suffered tension and mental agony because of non performance of the promise made by the OP.  On 09.02.2015 the OP sent a e-mail asking sorry for failure in arranging the vehicle.  But the complainant asked the OP to compensate in terms of money because the OP should not repeat the same thing to others also.  Due to the irresponsible behavior on the part of OP the complainant and his family members certainly must have suffered tension and mental agony.  Therefore, the complainant got issued a legal notice dated 26.02.2015 and despite the said notice, the OP neither complied the demand made in the said notice nor replied to the said notice.

9. The complainant claims that the OP did not send the vehicle and also failed to provide the necessary arrangements as promised by them which amounts to gross negligence on the part of OP.  The learned Advocate for the complainant further submitted that the OP has failed to provide services as undertaken by them.  Therefore, the complainant is entitled to compensation for the hardship and mental agony suffered by him.     

10. As already stated above, the OP despite service of notice failed to appear and contest the claim put forth by the complainant.  We do not find any reason to disbelieve the allegations made by the complainant against OP.  The conduct of OP amounts to deficiency of service and also gross negligence on their part.  Therefore, we are of the opinion that the OP is liable to pay compensation to the complainant for the hardship, inconvenience and mental agony suffered by the complainant for the deficiency of service.  The complainant is also entitled to the cost of proceedings.

11. In the result, we proceed to pass the following:   

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OP is directed to pay a compensation of Rs.10,000/- to the complainant together with litigation cost of Rs.2,000/-.

OP shall comply the order passed by this Forum within a month from today.

Send the copy of the order to both the parties free of costs.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 06^th day of October 2015)

MEMBER                            MEMBER                     PRESIDENT

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COMPLAINT NO.2216/2014

Complainant                 -        Sri.Kiran B.H,

                                                          Bangalore-560022.

                                          -vs-

Opposite Party              -        The Manager,

Taxi “For Sure”,

Bangalore-560 078.

Witnesses examined on behalf of the complainant dated 22.07.2015.

1. Sri.Kiran B.H

          OP  -       Absent

MEMBER                           MEMBER                      PRESIDENT

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