BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 85/2012.
THIS THE 6th DAY OF MARCH 2013.
P R E S E N T
1. Sri. Pampapathi B.sc.B.Lib. LLB PRESIDENT.
2. Sri. Gururaj, B.com.LLB. (Spl) MEMBER.
3. Smt. Pratibha Rani Hiremath,M.A. (Sanskrit) MEMBER
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COMPLAINANT :- Aravind Patil S/o. Mudukanagouda Patil, age 29
years, occ; Advocate, R/o. Opp: District court complex, Raichur.
//VERSUS//
OPPOSITE PARTIES :- 1. The Manager, Vijayananda Travels, Corporate
office at Giriraj Annexe, Circuit House Road, Hubli.
2. Vijayananda Travels, The Division of VRL
Logistics Ltd., Booking office, Hotel Nrupatunga complex, Raichur- 584 101.
CLAIM : For to direct the opposite to pay compensation
amount of Rs. 25,000/- towards mental shock, agony, difference of fair of A/c Sleeper Bus with cost and other reliefs as deems fit to the circumstances of this case.
Date of institution :- 18-10-12.
Notice served :- 05-11-12.
Date of disposal :- 06-03-13.
Complainant represented by Sri. Nagaraj Naik, Advocate.
Opposite Nos. 1 & 2 represented by Sri. Udaya Keerti, Advocate.
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This case coming for final disposal before us, the Forum on considering the entire material and evidence placed on record by the parties passed the following.
JUDGEMENT
By Sri. Pampapathi President:-
This is a complaint filed by complainant Aravinda Patil against the Opposite Nos. 1 & 2 Vijayananda Travels U/sec. 12 of Consumer Protection Act for to direct the opposite to pay compensation amount of Rs. 25,000/- towards mental shock, agony, difference in fair of A/c Sleeper Bus with cost and other reliefs as deems fit to the circumstances of this case.
2. The brief facts of the complainant’s case are that, on 01-10-2012 complainant booked two seats in Executive A/c sleeper coach for to travel from Banalore to Hospet, on 02-10-2012 on payment of Rs. 800/-, he was given seat Nos. 22 & 23 with PNR No. 9334590, it should departure at 11:00 PM on 02-10-2012 from Bangalore. As per the instructions of opposites travels, himself and his friend came to Bus stop of opposite in Anand Rao Circle, Bangalore at 10:30 PM. All of a sudden opposite travels informed to them that, Executive A/c sleeper coach was cancelled and non A/c sleeper bus was plying instead of Executive A/c sleeper coach. Non A/c sleeper bus provided was no comfort facilities to travel in it. When complainant and his friends enquired the matter with the authority, they not correctly replied, abused them in filthy language. However, complainant and his friends under took journey in the said bus, as there was no alternate to them. The complainant and his friend suffered mental shock, agony, dis-comfort due to alleged negligence of opposites in providing traveling services and thereby, opposite found guilty under deficiency in its service and thereby, he filed this complaint for the reliefs as noted in it.
3. Opposite No-1 the Manager of corporate office at Hubli. Opposite No-2 is Division office of opposite No-1 in Bangalore, have appeared in this case through their Advocate, filed written version by denying all the allegations made by the complainant. They admitted cancellation of the Executive A/c sleeper coach on that day, but non A/c sleeper coach was plied for the convenience of the passengers. They failure Executive A/c sleeper coach was due to mechanical defects in the vehicle, it was beyond its control, comfortable facilities in non A/c sleeper bus were also good, there was no deficiency in its service. Further, contended by opposite that, complainant and his friend booked Executive A/c sleeper coach at Bangalore for to travel Bangalore to Hospet. Hence, this forum has no territorial jurisdiction to try the subject matter of this complaint. Another contention is that, complaint is not maintainable due to non joinder of necessary party, who is his friends. Hence, it prayed by the opposites to dismiss the complaint among other grounds.
4. In-view of the pleadings of the parties. Now the points that arise for our consideration and determination are that:
1. Whether the complainant proves that, himself and his friends booked two tickets in opposite travels Executive A/c sleeper coach for to make journey on 02-10-2012 on payment of Rs. 800/- but opposite travels suddenly cancelled the Executive A/c sleeper coach and it caused in-convenience and dis-comfort to the complainant and to his friend while traveling in non A/c sleeper bus and thereby, opposite travel found guilty under deficiency in its service.?
2. Whether complainant is entitled for the reliefs as prayed in his complaint.?
3. What order?
5. Our findings on the above points are as under:-
(1) In the affirmative.
(2) As discussed in the body of this judgement and as noted in the final order.
(3) In-view of the findings on Point Nos. 1 & 2, we proceed
to pass the final order for the following :
REASONS
POINT NOs.1 &2 :-
6. To prove the facts involved in these two points, affidavit-evidence of the complainant was filed, who is noted as PW-1. The documents Ex.P-1 to Ex.P-4 are marked. On the other hand, affidavit-evidence of opposite No-2 was filed, who is noted as RW-1. Opposite No-1 adopted the same evidence of opposite No-2. No documents filed and marked.
7. In the instant case, booking of two tickets by the complainant and his friend on 01-10-2012 for to make journey on 02-10-2012 in Executive A/c sleeper coach of opposites travels for to travel from Bangalore to Hospet is not in dispute.
8. Further it is undisputed fact that, opposite travel cancelled the Executive A/c sleeper coach on 02-10-2012 which is required to departure from Bangalore and non A/c sleeper bus was plied from Bangalore to Hospet instead of Executive A/c sleeper coach.
9. With these undisputed facts, we have to appreciate the evidence of the complainant in the back drop of the contentions of opposite travel.
10. The first point contended by the opposites is that, this complaint is not maintainable, as this forum has no territorial jurisdiction to try the subject matter of this complaint. The reason for such contention of opposite is that, complainant booked two seats at Bangalore, he traveled from Bangalore to Hospet. In the said circumstances, there is no reason for the complainant to file this complaint before this forum. Accordingly, he submitted before us that, the complaint is not maintainable before this forum.
11. Admittedly this point touches the territorial jurisdiction of this forum. Hence, we have referred section 11(2) (a) to (c) of C.P. Act.
12. Vijayanand Travel’s corporate office is situated at Hubli which is not in dispute. Opposite No-2 is the Branch office of opposite No-1 situated at Raichur. Admittedly complainant booked the seats in Executive A/c sleeper coach of opposite No-1 at Bangalore. Himself and his friend traveled in non A/c sleeper bus of opposite No-1, which was coach provided by opposite No-1 instead of Executive A/c sleeper coach.
13. In the circumstances stated above, we are of the clear view that, this case falls under the meaning and definition of section 11(2)(b) of C.P. Act. Opposite No.2 is the Branch office of opposite No-1 situated in Raichur, as such, the complainant has got every right to file this consumer complaint wherever the Branch offices of opposite No-1 are situated. Admittedly opposite No-2 is the Branch office of opposite No-1 situated at Raichur, this complaint is filed before DCF Raichur, as such, this DCF Raichur has got territorial jurisdiction to try the subject matter of this complaint. Accordingly, we rejected the contention of opposite in this regard.
14. The second contention that was urged by the opposite before us is that, the friend of complainant is a necessary party of this complaint and this complaint is fails for non joinder of necessary party.
15. This contention is not tenable under eye of law. This complainant is filed by the complainant against opposite No-1 for the deficiency in service for his un-comfortability and inconvenience suffered while traveling in non A/c sleeper bus, as such, there is no need to join the friend of the complainant as a necessary party in this complaint. Hence, this complaint filed by the complainant is maintainable as in the present form.
16. In the light of the admitted facts, it is a fact that, opposites travel collected the higher charge by booking two Executive A/c sleeper coach. All of a sudden, it cancelled Executive A/c sleeper coach, it plied non A/c sleeper bus instead of Executive A/c sleeper coach, and the contentions noted in the affidavit of PW-1 are sufficient to hold that, he felt dis-comfort, suffered mental agony, inconvenience in traveling non A/c sleeper bus by paying higher fair charge of Executive A/c sleeper coach. Hence, it clearly establishes the fact that, opposite travel committed deficiency in its service and thereby, it found guilty under deficiency in service. Accordingly we answered Point No-1 in affirmative.
17. On perusal of the complaint, it discloses that, complainant paid Rs. 800/- towards two seats Executive A/c sleeper coach, but not disclosed the actual fair of non A/c sleeper seats from Bangalore to Hospet. In the said circumstances, we are of the clear view that, awarding lumpsum amount of Rs. 3,000/- to the complainant for the deficiency in service committed by opposite travels is proper and sufficient, accordingly, complainant is entitled to recover lumpsum amount of Rs. 3,000/- from the opposites jointly and severally.
18. Another lumpsum amount of Rs. 2,000/- is awarded to the cost of litigation. Hence totally, the complainant is entitled to recover Rs. 5,000/- from opposite. He also entitled to get interest at the rate of 9% p.a. on total amount of Rs. 5,000/- from the date of this complaint till realization of the full amount. Accordingly, we answered point No-2.
POINT NO.3:-
19. In view of our findings on Point Nos-1 & 2, we proceed to pass the following order:
ORDER
The complaint filed by the complainant is partly allowed with cost.
The complainant is entitled to recover Rs. 5,000/- from Opposites jointly and severally.
The complainant also entitled to recover interest at the rate of 9% p.a. on total sum of Rs. 5,000/- form the date of this complaint till realization of the full amount.
Opposite is given one month time from the date of the judgment for making payment of the above said amount with interest.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 06-03-13)
Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. Pampapathi,
Member. Member. President,
District Consumer Forum Raichur. District Consumer Forum Raichur. District Consumer Forum Raichur.
*RK*
