DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 31ST day of January 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 26/10/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.153/2017)
Lakshminarayanan.M.N,
S/o M.V.Neelakanta Iyer, 2/96-C,
Sathgamaya, Panamthodi Road,
Thannisseriy (PO),
Mannathukavu,
Palakkad- 678 501. - Complainant
V/s
The Manager,
M/s Ganesh Tours & Travels,
Railway Station Road,
Hospet – Karnataka – 588 201. - Opposite party
O R D E R
By Shri.V.P.Anantha Narayanan, Member
The complaint in brief is as follows.
The complainant and his wife have booked 2 bus tickets in opposite party tours & travels through online to travel from Hospet to Bangalore on 13.10.2017 making a payment of Rs.820/- through net banking and their reservation was confirmed with seat No’s 6L and 5L. According to the complainant, when he and his wife reached the boarding point at Hospet, they were refused by the opposite parties to board the bus, telling them that the website through which booking was done was fake and the opposite parties had no connection with that website. Complainant pleads that opposite parties did not allow them to board the bus inspite of their repeated requests. Finally, complainant and his wife asked them to board the last bus to Bangalore by paying an extra amount of Rs.1,200/- which they were compelled to pay and allotted seat No’s L16 and L17. Complainant pleads that although they requested for previously allotted seat numbers 5L and 6L, they were refused the same and were compelled to travel in the rear portion of the bus which was highly uncomfortable for them due to their suffering from physical ailments and also they underwent a strainful journey mentally and physically throughout the night. Complainant gave a complaint to the customer care of the opposite parties and after repeated requests, they refunded Rs.820/- (Rupees eight hundred and twenty only). Complainant prays to the Hon’ble Forum to direct the opposite party to pay the excess amount of Rs.380/- collected from him along with a compensation of Rs.25,000/- for the mental and physical strain undergone by him and his wife.
The complaint was admitted and notice was issued to opposite parties to enter appearance and file version. Notice to opposite party was served, their name called absent and they were set ex-parte.
The complainant filed chief affidavit and Exts.A1 to A6 which were marked from the side of the complainant who was also heard.
The following issues are framed in this case
- Whether there is any deficiency of service and/or unfair trade practice on the part of opposite parties ?
- If so, the relief and cost available to the complainant?
Issues No.1 & 2
The case of the complainant is that he and his wife booked 2 bus tickets in Ganesh Tours
and Travels through online to travel from Hospet to Bangalore on 13.10.2017 by paying Rs.820/- through net banking. Ganesh Tours and Travels ticket was confirmed with seat numbers 6L and 5L vide Ext.A1 which indicates ticket number, time and date of booking, journey date, passenger details etc. Inspite of complainant’s repeated requests, opposite parties refused him and his wife to board the bus telling them that the website of their booking is false and opposite parties are not having any connection to the said website and complainant was forced to pay Rs.1,200/- (Rupees one thousand two hundred only) to travel from Hospet to Bangalore. Receipt from Hospet Ganesh Tours & Travels for Rs.1,200/- received from the complainant was marked as Ext.A2 which shows date of booking, date of tour, seat numbers, ticket fare etc. Complainant requested by e-mail vide Ext.A3 to get the refund of Rs.820/- booked through ticket number:10580. Copy of complainant’s SBI pass book is marked as Ext.A4 which shows that on 13.10.2017 Rs.820/- was debited to his account due to payment of Rs.820/- through net banking and on 17.10.2017 Rs.820/-was credited to his account due to refund of Rs.820/- by the opposite party to the complainant. Complainant pleads that only after repeated requests opposite party refunded Rs.820/- and their ticket refund forwarding letter dated. 14.10.2017 was marked as Ext.A5 which indicates forwarding of complainant’s refund request by e-mail. Refund order dated.13.10.2017 from customer care was marked as Ext.A6 which shows order date, order amount, name of customer etc.
From the affidavit and other documentary evidences filed, we understand that complainant booked 2 bus tickets through online for travel for him and his wife from Hospet to Bangalore in opposite parties tours & travels. But we observe that they were seen refused to board the bus and only after their repeated requests and collecting from them Rs.1,200/-, they were allowed to board and travel in the bus from Hospet to Bangalore which clearly demonstrates committing of unfair trade practice by the opposite parties. Further the complainant and his wife were allotted and forced to travel in seat numbers L16 & L17 which are in the rear portion of the bus which is seen to have caused them much mental and physical strain which shows commission of deficiency of service also by the opposite parties. Further it is also observed that the opposite parties have refunded Rs.820/- (Rupees Eight Twenty only) after repeated requests by the complainant and his wife which clearly shows admission of their liability towards the complainant for their deficiency in service.
On the above grounds we view that opposite party is found to have committed deficiency in service and unfair trade practice. In the result complaint is allowed.
Opposite parties are directed to refund to the complainant excess amount of Rs.380/- (Rupees three hundred and eighty only) collected from him (Rs.1,200 – Rs.820); opposite parties are also directed to pay to the complainant Rs.5,000/- (Rupees five thousand only) by way of compensation for mental agony and strain suffered by the complainant and his wife and towards litigation expenses met by the complainant.
This Order shall be executed within a period of one month from the date of receipt of this order; failing which interest @ 9% per annum on the total amount due should also be paid to the complainant from the date of this order till realization.
Pronounced in the open court on this the 31st day of January 2018.
Sd/-
Shiny.P.R
President
Sd/-
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Abstract
Exhibits marked on the side of complainant
Ext.A1 - Photo copy of online booking receipt for Rs.820 dated. 13.10.2017
Ext.A2 - Original receipt of Hospet Ganesh Tours & Travels for Rs.1,200/- issued by the
complainant dated.13.10.2017
Ext.A3 - Photo copy of e mail message dated.13.102.107sent by the complainant to the opposite
party to refund the money
Ext.A4 - Photo copy of SBI pass book of the complainant
Ext.A5 - Photo copy of E-mail message dated.14.10.2017 forwarding complainant’s refund
request
Ext.A6 - Photo copy of refund order dated.13.10.2017 sent by E- mail
Exhibits marked on the side of Opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost and compensation for mental agony - Rs.5,000/-
