IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   27^th  DAY OF JUNE 2022

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

        Smt.S.Sandhya   Rani. Bsc, LLB ,Member

         Sri.Stanly Harold, B.A.LLB, Member

    CC.No.244/2019

Santhosh, aged 29, S/o Manoharan

Charuvila Veedu, Maranadu P.O.,

Ezhukone, Kollam.                                            :         Complainant

(By Adv.Raji R.)

V/S

1. The Manager,

         SRM Transports India Pvt.Ltd.,

        No.3 Veerasamy Street,

        West Mambalam, Chennai.

2. The Manager,

        Redbus,                                             :      Opposite parties

        Plot No.2, 1^st Floor,

       Rathnapuri Layout

       Koyambedu, Chennai 600107

                   Head Office: Ibibo Group Pvt.Ltd.,

                  Indiqube Leela Galleria

                  5^th Floor,No.23 Old Airport road

                   HAL 2^nd Stage, Kodihalli Village

                  Varthur Hobli, Ward No.74,

                   Bengaluru 560008.

ORDER

Sri.Stanly Harold, B.A.LLB, Member

          This is a case based on a complaint filed U/s 12 of the Consumer Protection Act 1986.

          The averments in the complaint in short are as follows:-

          The complainant is working in SSB in the place Kokrajhar, Assam.  The 1^st opposite party is the Manager of M/s SRM Transports who are operating interstate bus services and maintaining the day to day management under the supervision of the 1^st opposite party in the capacity of a Manager.  The 2^nd opposite party is the Manager of  online bus ticket booking service namely ‘red bus’.  The complainant came on leave on October 2018, Assam, Kerala and by that time he had booked his return flight for 19.10.2018 from Chennai.  For the purpose of journey at Chennai complainant has booked a AC sleeper class bus ticket before the 1^st opposite party through the 2^nd opposite party by paying Rs.1089/- on 17.10.2018 as fare through online site of the 2^nd opposite party.  The bus was scheduled to depart from Kottrarakkara at 5.10. p.m. on 18.10.2018 as per the ticket.  Thereafter at 2.56 p.m. on 18.10.2018, complainant got a intimation from mobile number 9388870177 which is the boarding point phone number stated in the ticket that the bus SRM to Chennai was cancelled.  Thereafter complainant contacted the customer service centres of 1^st opposite party and 2^nd opposite party to get an alternative arrangement but the opposite parties had failed to provide an alternate service as well as to refund the amount given as ticket fare.  Due to the unexpected cancellation of the bus , the complainant was constrained to avail a taxi from Kottarakkara to Chennai from where the flight was scheduled to depart on 19.10.2018.  The complainant had sustained loss and suffered severe mental agony in this regard.  Thereafter the complainant on 18.08.2018 and on many occasions demanded for the refund of the amount paid as ticket charge but the opposite parties evaded from doing so.  The aforesaid Act of the opposite parties clearly amounts to unfair trade practice and utmost deficiency in service.  Pursuant to this complainant had suffered huge monetary loss along with mental agony this cannot be equated in terms of money.  The complainant is entitled to get the money expended and appropriate compensation from both the opposite parties thereafter the complainant had caused to issue a legal notice to the opposite parties on 20.06.2019 demanding the refund of bus fare.  The 1^st opposite party accepted the notice on 24.06.2019 whereas notice to the 2^nd opposite party returned with an endorsement party left till now they were not turned up to settle the grievance of the complaint.  Hence the complaint. 

          Though notice from the Forum/Commission was received the opposite parties and failed to appear before the commission.  Hence opposite parties 1^st and 2^nd called were absent and as set exparte.  The complainant failed proof affidavit by reiterating the averments in the complaint and got marked Exts.P1 to P6.

          Head the counsel for the complainant and perused the records.

          Ext.P1 the legal notice dated 20.06.2019.  Ext.P2 postal receipts (2 Nos.) dated 20.06.2019.  Ext.P3 acknowledgment card.  Ext.P4 returned postal article from 2^nd opposite party.

          Thereafter the counsel for the complainant had filed a petition on 18.06.2022 to accept two vital documents which is marked as Ext.P5 and Ext.P6.  Ext.P5 is the return flight ticket dated 19.10.2018.  Ext.P6 is the A/c sleeper ticket issued from SRM transports (Red bus) 17.10.2018.

          The unchallenged averments in the affidavit coupled with Ext.P1 to P6 documents would establish prima facie that the complainant for his return purpose booked a flight on 19.10.2018 from Chennai.  It is clear from Ext.P5 complainant came to Kerala on October with return flight ticket.  The complainant booked Ext.P6 an A/C sleeper class bus ticket in the bus operated by 1^st opposite party through the 2^nd opposite party’s “ Redbus” and the complainant had paid an amount of Rs.1089/- as fare.  The bus was scheduled to depart from Kottarakkara at 5.10 p.m. on 18.10.2018.  The complainant received a message from a mobile phone No.9388870177, the boarding point phone number mentioned in the ticket that SRM Chennai was cancelled.  The complainant contacted the customer service centres of SRM Transports the 1^st opposite party and 2^nd opposite party red bus to get an alternative arrangement but unfortunately the opposite parties had not provided alternate service and failed to make the refund of the amount.  Thereafter the complainant many occasions demanded for refund of the amount paid as ticket charge but the opposite parties were evaded from the same.  It is pertinent to note that due to the unexpected cancellation of the bus the complainant had availed a taxi from Kottarakkara to Chennai to catch the flight which has scheduled depart on19.10.2018 and in this regard he had suffered monetary loss and mental agony.

          The unchallenged averments in the affidavit coupled with Ext.P5 and Ext.P6 documents would clearly establish the case of the complainant.  Ext.P5 is the copy of flight ticket booked on 14.10.2018 for Rs.8,050/- and the return date had mentioned as 19.10.2018.  The Ext.P6 is the red bus sleeper A/c ticket booked on 17.10.2018 for an amount of Rs.1,089/-.  Though the complainant contacted opposite parties they evaded from the resolving the grievances of the complaint.

          The unchallenged averments in affidavit coupled with Ext.P5 and P6documents would establish the case of complainant it is clear from the available materials the complainant will come under the definition of consumer and the complainant has to face much mental agony and monitory loss due to sudden.  Cancellation of bus booked on 17.10.2018.

          It is specifically mentioned in the booked ticket that ‘red bus responsibilities Rule No.2 the Red bus operators are liable to refund the amount at  the time of cancellation but the 2^nd opposite party did not care the request of the complainant to refund the amount.  So it is crystal clear that there is deficiency in service and unfair trade practice on part of opposite parties.  The opposite parties are under obligation to provide an alternative remedy for the complainant for travelling to Chennai in the event of cancellation.  The opposite parties had failed to comply the terms and conditions by violating the Rule 2 of responsibilities mention in Ext.P6.  Therefore the complaint is only to be allowed.

          In the result complaint stands allowed.

1. Directing the opposite parties to return the amount Rs.1,089/- which had been received by the opposite parties as bus fare from the complainant.
2. The complainant is also entitled to Rs.5,000/- as compensation for mental agony and monitory loss due to the deficiency in service of the opposite parties jointly and severally.
3. The opposite parties are directed to comply with the above directions within 45 days from the date of receipt of copy of this order failing which the complainant is entitled to recover the same along with interest @ 12% p.a.from the entire amount except costs from the opposite parties jointly and severally and from their assets.

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 27^th   day of  June 2022.        

STANLY HAROLD:Sd/-

S.SANDHYA RANI:Sd/-

         Forwarded/by Order

                                                                                       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1             : legal notice dated 20.06.2019

Ext.P2             : postal receipts (2 Nos.) dated 20.06.2019. 

Ext.P3             : acknowledgment card

Ext.P4             : returned postal article from 2^nd opposite party

Ext.P5             : return flight ticket dated 19.10.2018

Ext.P6             : The A/c sleeper ticket issued from SRM transports (Red bus) 17.10.2018.

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil