K.Selvaganapathy S/o.Mr.R.Kumar filed a consumer case on 08 May 2019 against The Managing Directer Red Bus, The Propreitor the Red Bus The C.S.K.Agent in the North Chennai Consumer Court. The case no is CC/145/2017 and the judgment uploaded on 24 Jun 2019.
Complaint presented on: 27.09.2017
Order pronounced on: 08.05.2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd 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 08th 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, 1st 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 1st & 2nd opposite parties : M/s.Shivakumar and Suresh
Counsel for 3rd 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 1st 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 13th 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 16th May 2017 1st opposite party contacted the complainant and asked him to send his bank details for depositing the refund amount of Rs.525/-. On 17th May the complainant sent his bank details to the opposite parties through mail. Till date of filing this complaint the 1st opposite party has not deposited the refund amount. Hence the complainant constrained to approach this Hon’ble Forum.
2. WRITTEN VERSION OF THE 1st & 2nd 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 1st 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 1st & 2nd 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 1st & 2nd opposite parties has not filed any supporting documents.
4. The 3rd 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 1st & 2nd 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 1st opposite party for processing the refund. The cancellation of refund process by 1st opposite party was informed through e-mail in Ex.A7. The 1st opposite party working on the refund and the resolution message is sent on June 2nd & July 24th 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 1st opposite party. Again on 30th 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 1st & 2nd 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 1st & 2nd 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 1st & 2nd 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, 1st & 2nd opposite parties have to pay compensation for mental agony and for deficiency in service and unfair trade practice.
09. The 3rd 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 3rd opposite party and there is no allegation against the 3rd opposite party also by the complainant. Hence the complaint against 3rd 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 1st & 2nd 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 3rd 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 3rd 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 08th 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 1st opposite party
Ex.A7 dated 22.05.2017 Cancellation Refund Processed
Ex.A8 dated 02.06.2017 E-mail sent by the 1st opposite party
Ex.A9 dated 24.07.2017 E-mail sent by the 1st opposite party
Ex.A10 dated 30.07.2017 E-mail sent by the 1st opposite party
Ex.A11 dated 11.08.2017 Final E-mail sent by the 1st 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 1st & 2nd OPPOSITE PARTIES:
…. NIL ……
MEMBER – I PRESIDENT
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