Tamil Nadu

North Chennai

CC/145/2017

K.Selvaganapathy S/o.Mr.R.Kumar - Complainant(s)

Versus

The Managing Directer Red Bus, The Propreitor the Red Bus The C.S.K.Agent - Opp.Party(s)

Party in Person

08 May 2019

ORDER

 

                                                            Complaint presented on:  27.09.2017

                                                               Order pronounced on:  08.05.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

WEDNESDAY  THE 08^th DAY OF MAY 2019

 

C.C.NO.145/2017

 

K.Selvaganapathy, Age 23 years,

S/o.Mr.R.Kumar,

No.37/69, East Jones Road,

Saidapet,

Chennai  - 600 015.

 

                                                                                        …..Complainant

 ..Vs..

1.The Manager,

Red Bus,Plot No.2,  1^st Floor,

Rathanapuri Lay Out,

Koyambedu,

Chennai – 600 107.

 

2.The Proprietor,

The Red Bus,

No.1, Old Airport Road,

Opp.to Manipal Hospital,

Bangalore – 560 008.

 

3.The Agent,

C.S.K.Travels,

Shop No.29, Omni Bus Stand,

Koyambedu,

Chennai – 600 107.

 

.....Opposite Parties

Date of complaint                                 : 23.10.2017

Counsel for Complainant                      : Party in Person

 

Counsel for 1^st & 2^nd  opposite parties     : M/s.Shivakumar and Suresh

 

Counsel for 3^rd opposite party                  : Ex – parte (on 23.11.2017)

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant booked the bus ticket through online from the 1^st opposite party from Chennai to Aruppukottai. The date of journey was on 13.05.2017 in seat No.U16 and the  boarding time was 07.15.p.m in  non AC Sleeper for the total fare of Rs.700.  The  journey was communicated through phone call  and e-mail by the complainant to the opposite party about the travelling schedule. Due to some medical  treatment to his uncle the complainant was bound to cancel the bus ticket  and the same was informed by the complainant to the opposite party on 13^th May 2017 to cancel the said ticket and also through mail and it was accepted. The opposite parties also  has sent e-mail that the balance of Rs.525/- will be refunded to  the complainant  through bank. On 16^th May 2017 1^st opposite party contacted the complainant and asked him to send his bank details for depositing the refund amount of Rs.525/-. On 17^th May the complainant sent his bank details to the opposite parties through mail. Till date of filing this complaint the 1^st opposite party has not deposited the refund amount. Hence the complainant  constrained to approach this Hon’ble Forum.

2. WRITTEN VERSION OF THE 1^st & 2^nd OPPOSITE PARTIES IN BRIEF:

           The complainant had booked the bus tickets on 13.05.2017 offered by the bus operator from Chennai to Aruppokottai through the website of the 1^st  opposite party and later  cancelled the ticket.  The complainant   was asked  to provide NEFT details for  the purpose of account transfer. However, it was again the complainant who failed to get back to the opposite party and filed the instant complaint in hand without any justifiable grounds for the reasons. However, this opposite party as a good gesture towards customer, agreed to refund the said amount to the complainant once again and also collected NEFT (BHIM) details to process manual refund and the same was passed to finance team but finance team rejected to carry out the refund through BHIM due to some technical issue. The opposite parties then contacted the complainant and asked him to provide the fresh NEFT (IFSC, A/c  no., Full Name, etc) details but the complainant did not revert back with his fresh NEFT details for online transfer. The opposite party is ready to make the refund of Rs.525/- provided the complainant informs his fresh NEFT details for online transfer. It is strenuously denied that there had been any deficiency in service or unfair trade practice on account of these opposite parties.      

3. The complainant and the  1^st & 2^nd opposite parties   had come forward with their respective proof affidavit and documents. Ex.A1 to Ex.A13 were marked on the side of the complainant. The 1^st & 2^nd opposite parties   has not filed any supporting documents.

4. The   3^rd   opposite party who was served the notice from this Forum was called absent and  he was set ex-parte on 23.11.2017.

          5. The written arguments of the complainant and the  1^st &  2^nd opposite parties   were filed and the oral arguments of the both were heard.    

6. 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?

7. POINT NO :1 

The complainant  booked the bus ticket on 12.05.2017 for the travel from Chennai to Aruppukottai on 13.05.2017 for a fare of Rs.700/-  through e-mail vide  Ex.A1 & Ex.A2 is the Account Statement which shows the transfer of ticket money. Due to sudden illness of the complainant’s uncle the complainant cancelled the ticket and sought for refund of ticket amount. The opposite parties had given ID Number and promised to refund through e-mail dated  13.05.2017 in Ex.A3. Under Ex.A4 the opposite parties had requested for the account details of the complainant  to process the refund. As requested by the opposite parties the complainant  had sent the detail via e-mail through Ex.A5 & Ex.A6 is the reply e-mail sent by the 1^st opposite party  for processing the refund.  The cancellation of refund process by 1^st opposite party  was informed through e-mail in Ex.A7. The 1^st opposite party working on the refund and the resolution message is sent on June 2^nd & July 24^th by way of e-mail vide Ex.A8 & A9. But till date the refund amount was not sent to the complainant’s  account as informed by the 1^st opposite party.  Again on 30^th July  fresh reference number was again given for the complainant  to refer the matter thereafter in Ex.A10 e-mail. Ex.A11 is the final reply promising the closure time as 5.45 p.m  on  11.08.2017.  It is alleged by the complainant  that the opposite party  did not make any payment and Ex.A12 is the  account statement of complainant  filed to prove the same. On 06.01.2018 an e-mail was sent to the complainant  informing their compliance of their refund and further advised to contact if the money was not received vide Ex.A13. Even then the amount was not sent to the complainant.

08. The 1^st & 2^nd opposite parties  in their written version  admitted that their record showed as refund was successfully made and even after the report is made by the complainant , as a good gesture, they have agreed to refund the said amount once again and also collected NEFT details to process manual refund and the same was passed to their finance team and the finance team rejected to carry out the refund due to some technical issue and again the opposite parties  had contacted the complainant  to provide  fresh NEFT details  for online transfer. But there is absolutely no proof for the opposite parties version and no supporting document is filed to substantiate the same.  The enquiry regarding the NEFT details from complainant  is also not supported by any proof.  Therefore the contention of the 1^st & 2^nd opposite parties is not accepted. Finally  opposite parties  has submitted that  they are ready to transfer the refund amount if they furnish fresh NEFT details and this itself  proves the attitude of the 1^st & 2^nd opposite parties  for their deficiency in service. Hence they are liable to refund the cancellation  ticket charges and due to the issue prolonged for a long time without the fault of the complainant,  1^st & 2^nd  opposite parties  have to pay compensation for mental agony and for deficiency in service and unfair trade practice.

09.  The 3^rd opposite party  is only an agent and admittedly the ticket  was booked through him  but there is no document to accept that the  refund was claimed through the  3^rd opposite party  and there is  no allegation against the 3^rd opposite party  also by the complainant. Hence the complaint against 3^rd opposite party  is liable to be dismissed.

10. POINT NO: 2

          It is held in point No.1 that there is deficiency in service and unfair trade practice on the part of 1^st & 2^nd opposite parties. The complainant  was put to  stress and mental agony by running from pillar to post to get the refund amount. Hence it is fit to order the compensation all together including expenses for an amount of Rs.20,000/- and  for refunding  an amount of Rs.525/-which is the bus ticket cancellation amount besides Rs.5,000/- for the costs of the proceedings. So far as 3^rd opposite party is concerned the complaint is liable to be dismissed.

In the result, the complaint is partly allowed. The opposite parties 1 & 2 jointly or severally are directed to pay to the complainant a sum of Rs.525 /-(Rupees five hundred and twenty five only) for the refund ticket amount  and also a sum of Rs.20,000/- (Rupees twenty thousand only) totally for mental agony, deficiency in service and unfair trade practice besides, a sum of Rs.5,000/- (Rupees five thousand only) for costs. The complaint against the 3^rd opposite party 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 the payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 08^th day of May 2019.

 

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 12.05.2017                   Bus Ticket booked online – TK6A22954594

Ex.A2 dated 12.05.2017                   SBI Bank Statement details for payment

Ex.A3 dated 13.05.2017                   Cancellation Ticket – TK6A22954594

Ex.A4 dated 16.05.2017                   E-mail sent by the opposite party and asking for                                                  

                                                account details

 

Ex.A5 dated 17.05.2017                   Reply E-mail sent by the complainant

Ex.A6 dated 20.05.2017                   Reply E-mail send by the 1^st opposite party

Ex.A7 dated 22.05.2017                   Cancellation Refund Processed

Ex.A8 dated 02.06.2017                   E-mail sent by the 1^st opposite party

Ex.A9 dated 24.07.2017                   E-mail sent by the 1^st opposite party

Ex.A10 dated 30.07.2017                 E-mail sent by the 1^st opposite party

Ex.A11 dated 11.08.2017                 Final E-mail sent by the 1^st opposite party

Ex.A12 dated 20.02.2018                 Statement of Account

Ex.A13 dated 06.01.2018                 Opposite party sent e-mail to complainant

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

 

 

                                                …. NIL ……

 

MEMBER – I                                                               PRESIDENT