DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM): MEMBER
Monday the 30th day of May 2022
C.C.251/2019
Complainant
Ramsheed V.K.
S/o. Ahammed
Residing at Chelam Nilam
Vettupurakkandi Thazam
Konott P.O
Kozhikode – 673 571.
(By Adv. Sri. Madhumohan)
Opposite Parties
- The Manager
M/s City Tours
M.M. Ali Road
Opp. National Book Stall
Kozhikode – 673 002.
- The Manager
M/s. A1 Travels
M.M. Ali Road
Opp. National Book Stall
Kozhikode – 673 002.
-
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
- The case of the complainant, in brief, is as follows:
The complainant had booked tickets through the first opposite party for himself and his wife and two small children from Calicut to Bangalore on 27/04/2019 and return on the next day 28/04/2019 from Bangalore to Calicut. The bus was A1 Travels belonging to the second opposite party. As scheduled, the complainant and his family travelled to Bangalore on 27/04/2019. On 28/04/2019 at around 11.AM he received a message in his mobile number that their return journey from Bangalore to Calicut was cancelled. On contacting the first opposite party, it was informed that the trip was cancelled as a protest to the Government by the private bus operators. He was directed by the first opposite party to report in their Kalasipalayam office and get the full refund of the ticket fare. But he did not get refund from that office who told him that refund could be made only after three days from Calicut office. Due to the irresponsible attitude of the opposite parties, the complainant and his family consisting of two young kids were stranded at Bangalore. Later they returned to Calicut by an ordinary KSRTC bus suffering inconvenience and miseries. There was gross deficiency in service on the part of the opposite parties. Hence the complaint for refund of the cancelled ticket fare of Rs.2,100/- along with compensation of Rs.25,000/- towards the mental agony and inconvenience suffered due to deficiency in service and unfair trade practice on the part of the opposite parties.
- The opposite parties were set ex-parte.
- The points that arise for determination in this case are :
- Whether there was any deficiency in service or unfair trade practice on the part of the opposite parties?
- Reliefs and costs.
5. The complainant filed proof affidavit. Exts. A1, A1 (a) and A2 were marked.
6. Point No.1 – The complainant has approached this Commission with a prayer to direct the opposite parties to refund the cancelled ticket fare of Rs.2,100/- to him along with Rs.25,000/- as compensation for the mental agony and inconvenience suffered by him due to the deficiency in service and unfair trade practice of the opposite parties.
7. In order to substantiate his case, the complainant filed affidavit. It is averred in the affidavit that he had booked tickets for his journey along with family from Calicut to Bangalore and back through the first opposite party in the bus operated by the second opposite party. But the return journey on 28/04/2019 was cancelled, as a result of which, the complainant and his family including two kids were stranded in Bangalore and they had to come back to Calicut by an ordinary KSRTC bus suffering much inconveniences and difficulties. It is also the case of the complainant that the refund of the price of the cancelled tickets was not made to him. Ext. A1 and A1 (a) are the copies of the tickets, and Ext. A2 is the copy of the lawyer notice issued to the opposite party.
8. The evidence of the complainant stands unchallenged. The opposite parties have not turned up to give their version. They have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The complainant’s case stands proved through affidavit and Ext. A1, Ext. A1(a), and A2 documents. The act of the opposite parties amounts to unfair trade practice and deficiency in service. The complainant is entitled to get back cancelled ticket fare of Rs.2,100/-. Undoubtedly, due to the irresponsible attitude and act of the opposite parties, the complainant and family were stranded at Bangalore and put to mental agony and hardship, for which, the complainant is entitled to be compensated adequately. Considering the entire facts and circumstances of the case, we are of the view that a sum of Rs.7,000/- will be reasonable compensation in this regard.
Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 251/2019 is allowed in part.
(b) The opposite parties are hereby directed to refund the cancelled
ticket fare of Rs.2,100/- to the complainant.
- The opposite parties are hereby directed to pay a sum of
Rs.7,000/- (Rupees seven thousand only) to the complainant as compensation for mental agony and hardship suffered.
- The opposite parties are directed to pay a sum of Rs.3,000/- to the complainant (Rupees three thousand only) as cost of the proceedings.
- The order shall be complied with within 30 days of receipt of copy of this order.
Pronounced in open Commission on this the 31st day of May 2022.
Date of Filing: 06/08/2019
Sd/-
PRESIDENT
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of the tickets
Ext. A1(a) – Copy of the tickets
Ext. A2 – Copy of the lawyer notice
Exhibits for the Opposite Party
Nil
Witnesses for the Complainant
Nil
Witnesses for the opposite parties
Nil
Sd/-
PRESIDENT
Sd/-
MEMBER
Forwarded/By Order
Assistant Registrar
