Tamil Nadu

North Chennai

28/2014

G.Ravi,AP 6/9 - Complainant(s)

Versus

The Manager,M/s.Red bus,H.O - Opp.Party(s)

G.Ravi

16 Feb 2017

ORDER

 

                                                            Complaint presented on:  13.02.2014

                                                                Order pronounced on:  16.02.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY THE 16^th   DAY OF FEBRUARY 2017

 

C.C.NO.28/2014

 

 

G.Ravi,

AP 619,

H-Block, 14^th Street,

Anna Nagar,

Chennai – 600 040.                                                         ….. Complainant

 

..Vs..

1.The Manager,

M/s.Red Bus,Head Office,

No.314/1, 3^rd Main Road,

7^th Cross Street,Domlur Layout,

Banagalore, Karnataka – 560 071.

 

2.The Manager,

Branch Office:

No.F7-F-14, Sriji Majestic Complex,

Omni Bus Terminus, Koyambedu,

Chennai – 600  107.

 

3.The Manager,

M/s. S.V.R.Tours & Travels,

Ameerpet ‘X’ Roads,

Hyderabad – 500 073.

 

.....Opposite Parties

Date of complaint                                 : 18.02.2014

Counsel for Complainant                      : Party in Person

Counsel for 1^st & 2^nd opposite Parties      : M/s.Fox Mandal & Associates

Counsel for 3^rd Opposite Party                       : Ex - parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant praying to order compensation for negligent act and mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:  

          The Complainant purchased bus ticket through the 1^st Opposite Party website on 23.11.2013 to travel from Hyderabad to Chennai on 28.11.2013 in the 3^rd Opposite Party bus and he was allotted seat No.13, in Volvo AC Multi Axle Semi Sleeper. The boarding point is Mehdipatnam, Hyderabad and reporting time is 9.40p.m. The Complainant reached 9.30 p.m itself on 28.11.2013 to the boarding point to catch the bus. He was waiting there till 10.30 p.m and however there was no pickup bus has come and not even any communication from the Opposite Parties. The Complainant searched several private bus operators and finally as suggested by one of the staff of the bus, through a bus he went to Ongole and from there through train he reached Chennai on the next day afternoon.  His original plan was to arrive through the 3^rd Opposite Party bus next day morning at Chennai. Failure to provide service by the Opposite Party, inspite of that the Complainant had valid ticket is deficiency on the part of the Opposite Parties and the Complainant also suffered with mental agony. The Complainant on 30.11.2013 sent a mail to the 1^st Opposite Party about the deficiency and the 1^st Opposite Party also refunded the ticket amount. Hence the Complainant filed this Complaint for compensation for mental agony with cost of the Complaint. 

2. WRITTEN VERSION OF THE 1^st OPPOSITE PARTY ADOPTED BY THE 2^nd OPPOSITE PARTY IN BRIEF:

          The 1^st Opposite Party under the trade name ‘RedBus’ operating its website ‘WWW.redbus.in’ to book tickets for various transports. The 2^nd Opposite Party is the branch office and he is an unnecessary party and not provided any service to the Complainant. The 1^st Opposite Party is only an agent of the principal/the 3^rd Opposite Party to book the ticket. The 1^st Opposite Party received a request from the Complainant through its online portal for the purchase of a ticket to travel from Hyderabad to Chennai on 28.11.2013 in a bus owned and operated by the 3^rd Opposite Party. The time for departure was at 09.55 p.m, the reporting time was 9.45 p.m and the same was mentioned in the E-ticket. The 3^rd Opposite Party cancelled the said bus in which the Complainant was to travel on 28.11.2013 and on receipt of mail from the Complainant the 1^st Opposite Party refunded the ticket amount of Rs.900/- to the Complainant vide Ref.No.24407134 on 30.11.2013 at 13:14:22 hours. Despite having received the refund, the Complainant filed the Complaint against the Opposite Parties 1 & 2 only with a malafide intention and therefore the Opposite Parties 1 & 2 pray to dismiss the Complaint with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1

It is an admitted fact that the Complainant purchased Ex.A1 bus ticket through the 1^st Opposite Party trade name ‘Redbus’ and website ‘www.redbus.in’ on 23.11.2013 to travel from Hyderabad to Chennai to travel on 28.11.2013 in the 3^rd Opposite Party bus and he was allotted seat No.13, in the Volvo AC Multi Axle Semi Sleeper and the boarding point is at Mehdipatnam, Hyderabad and scheduled to departure at 9.55 p.m and the reporting time is 9.40p.m in the said place.

5. The Complainant reached 9.30 p.m itself on 28.11.2013 to the boarding point to catch the bus and however the bus did not come  till 10.30p.m and thereafter he went to the bus stand and caught another bus travelled till Ongole and from there he travelled through a train and reached Chennai on the next day afternoon instead of his actual arrival on the  next day morning and  further he did not hear anything from the Opposite Parties for non arrival of bus and thereby the Complainant suffered with mental agony and prays for compensation.

6. On 29.11.2013, the Complainant sent Ex.A2 e-mail to the 1^st Opposite Party about the non arrival of bus and suffered with mental agony. The 1^st Opposite Party also sent Ex.A3 reply mail next day to the Complainant and also refunded the ticket amount of Rs.900/- to the Complainant and the fact of refund was admitted by the Complainant. The Opposite Parties 1 & 2 is not the bus operator and they are only ticket booking agent. Since the 1^st Opposite Party refunded the ticket amount very next day of the Complaint received from the Complainant, they are absolved from their liability and therefore we hold that the Opposite Parties 1 & 2 have not committed any deficiency in service.

7. The 3^rd Opposite Party is the bus operator and the Complainant booked ticket through the 1^st Opposite Party to travel in the 3^rd Opposite Party bus on 28.11.2013. Though, the Complainant was waiting in advance from 09.30.p.m onwards at the boarding point Mehdipatnam, Hyderabad and the reporting time is 9.45.p.m and however, the bus did not reach the boarding point till 10.30.p.m and hence the Complainant left with no other alternative went to the bus stand and by catching some other bus  went to ongole and from there through train reached Chennai. After arriving Chennai the Complainant learnt from the 1^st Opposite Party that the 3^rd Opposite Party had cancelled the particular trip on that day. The 3^rd Opposite Party having assured for the travel of the Complainant through Ex.A1 ticket and also allotted seat No.13 for his travel, while cancelling the bus trip, the 3^rd Opposite Party is duty bound to inform the Complainant either in advance or at least when he was waiting at the boarding point. Therefore, failure to inform the cancellation of the bus by the 3^rd Opposite Party to the Complainant is deficiency on his part and therefore we hold that the 3^rd Opposite Party committed deficiency in service.

8. POINT NO:2

          The 3^rd Opposite Party cancelled the bus and failed to inform the cancellation to the Complainant caused mental agony to the Complainant is accepted and therefore for the same, it would be appropriate to order that  a sum of Rs.10,000/- towards compensation payable by the 3^rd Opposite Party to the Complainant  and apart from that a sum of Rs.5,000/- towards litigation expenses. The Complaint in respect of the Opposite Parties 1 & 2 is liable to be dismissed.

          In the result the Complaint is partly allowed. The 3^rd Opposite Party is ordered to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony to the Complainant and also to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.  The Complaint in respect of the Opposite Parties 1 & 2 is dismissed.

          The above amount shall be paid to the Complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 16^th day of February 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 23.11.2013                   E-Ticket, Hyderabad to Chennai

Ex.A2 dated 29.11.2013                   Complaint through e-mail to first Opposite Party

Ex.A3 dated 30.11.2013                   Reply e-mail from first Opposite Party

Ex.A4 dated 17.01.2014                   Complaint through courier to 2^nd & 3^rd Opposite

                                                Party          

 

Ex.A5 dated 17.01.2014                   Professional courier copies

 

LIST OF DOCUMENTS FILED BY THE 1^st & 2^nd  OPPOSITE PARTIES :

 

Ex.B1 dated 07.05.2014                   Board Resolution of the Opposite Party 1 and 2

 

Ex.B2 dated 28.11.2013                   E-ticket issued to the Complainant

 

 

Ex.B3 dated 30.11.2013                   E-mail to the Complainant from the customer care

                                                of the Opposite Party 1 and 2

 

Ex.B4 dated 30.11.2013                   Screech Capture of the refund details to the

                                                Complainant

 

Ex.B5 dated NIL                     Terms and conditions of the Opposite Party1 and 2

                                                

 

 

 

 

MEMBER – II                                                               PRESIDENT