Tamil Nadu

South Chennai

CC/185/2015

M/s.K.Mary (F/A55) - Complainant(s)

Versus

The Managing Director, SETC Pallavan House - Opp.Party(s)

M/s.Thanga Vadhana Balakrishnan, Ezhilarasi

08 Aug 2022

ORDER

Date of Complaint Filed : 15.04.2015

Date of Reservation      : 12.07.2022

Date of Order               : 08.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No. 185/2015

MONDAY, THE 8^th DAY OF AUGUST 2022

Mrs.K.Mary (F/A 55),

W/o.Late.Kishore Kumar,

No:172, TTC Nagar,

Gooduvanchery,

Chennai-600202..                                                                                                                                                           ... Complainant                     

 

..Vs..

1. The Managing Director,

    SETC, Pallavan House,

    Pallavan Road,

    Chennai-600002.

 

2.Mr. Saravanan

   S/o Velu,

   South Street, Sesha Samuthiram,

   Nedumanoor P.O.Sankarpuram,

   Villupuram.

 

3.Mr.Venkatesan,

   S/o Vella Gounder,

   Maveripatti, H.E chanapadi P.O,

   Harur Taluk,

   Dharmapuri.                                                                                                                                                                 ...  Opposite Parties

 

******

Counsel for the Complainant                   : M/s. E. Malarkodi

Counsel for the 1^st & 3^rd Opposite Parties  : M/s. T.Natarajan

Counsel for the 2^nd Opposite Party           : Exparte

 

        On perusal of records and on endorsement made by the Counsel for the Complainant to treat written arguments as oral arguments and after having heard the oral arguments of the Counsel for the Opposite Parties 1 & 3, we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R.Sivakumhar., B.A., B.L.,  

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay an amount of Rs.10,00,000/- to the Complainant as compensation towards the mental and physical agony and to pay a sum of Rs.10,000/- as cost and also to pay a sum of Rs.405/- as cost of the second ticket.

2.     The averments of Complaint in brief are as follows:-

The Complainant is doing as a Maintenance Staff at VIP Guest House at Neelankarai. The Complainant is a Native of Gudalur, The Nilgiris and presently reisiding here due to her employment. The Complainant used to visit her Native once in a Month or two as per her convenience. And she usually used to travel by the SETC Ultra Deluxe Bus under Route.465 which is the only Bus sheduled at 4.30 Pm from Chennai to Gudalur and back from Gudalur to Chennai departing from Gudalur at 1.30 PM and reaches CMBT around 6.30 AM. She had gone to her Native on 02.06.2014 and had to return back to Chennai on the 9th June 2014. Hence the Complainant boarded the Gudalur to Chennai Bus (Route.465) scheduled to depart at 1.30 P.M and arrive at Chennai at around 6.00 Am the next day. The Complainant had reserved her return Ticket bearing No:BF 155378 dated 02.06.2014 for seat No:24 in which her Pick up Point was Ooty since there was no facility to book a Ticket as pick up Point at Gudalur on the said date. On the day of her Journey on 08.06.2014 she boarded the Bus from Gudalur and paid for a separate Ticket from Gudalur to Ooty. The Bus started from Gudalur at 1.30 PM and reached Ooty at around 4.00 PM. The 2^nd Opposite Party came over to the Complainant and told her that the seat was not confirmed for her and demanded her to get down from the Bus. The Complainant was shocked and requested the Second Opposite Party to see the Ticket she was carrying. The Complainant was not waiting to hear her the Second and third Opposite parties grabbed her forcefully and pushed her out of the Bus amidst the Public who were watching the show. Not stopping with that the Second and third Opposite Parties threw the Complainant's Luggage also out of the Bus and the Complainant's packed food scattered on the floor of the Bus stand. The Complainant was helpless since she is a lady of age 55 and had no one to help her in such a pathetic situation. When the Complainant demanded reasons for their behaviour towards her the 2^nd and 3^rd Opposite parties abused her in filthy words following which the Complainant has warned them saying that she would report about them to their Higher Authorities for which the 2^nd and 3^rd Opposite Parties again used intolerable words and gestures and challenged the Complainant saying that she could take no action against them at any cause. She was travelling in an urgent situation and had to reach Chennai the next day without fail hence she requested the people around her to help her and due to the interference of the Public the 2^nd and 3^rd  Opposite Parties allowed her to travel in the same Bus and allotted the Foot Board of the Bus for her to sit. Moreover the Complainant was forced to purchase another Ticket from Ooty to Chennai paying an amount of Rs.405/-. She is 55 years old and undergoing treatments for various oldage ailments and is also suffering from Low back pain and Disc prolapse. Further the Complainant could only take home made food since she is an ailing patient. She was humiliated by the Second and third Opposite parties and was treated indifferently. When the Bus stopped at a place near a Hotel to have dinner the Second Opposite Party again humiliated the Complainant by calling her in a irrespective manner saying to have her Dinner. Since the Complainant's food was thrown away by the Second and third opposite parties she had to stay hungry all night and was not able to consume her medicines also since she was in empty stomach. She was deliberately made to travel on the Foot Board of the Bus and was mentally and verbally harassed by the Second and third Opposite parties all through her Journey. When the Complainant reached Chennai she had to immediately rush up to the Hospital where she was treated and was adviced to take complete rest and the Complainant had to take leave from her Job for around 15 days. She has undergone great stress and agony due to the attitude of the Second and third Opposite parties towards her on her Journey from Gudalur to Chennai. Hence the Complainant filed a Complaint with the Hon'ble Transport Minister and also send a Complaint to the Chief Minister's Special Cell on 10.06.2014. Following which an enquiry was initiated against the Second and third Opposite Parties by the first Opposite Party which is still Pending. After the initiation of the enquiry proceedings the Second and third Opposite Parties often called up to the Complainant over phone and compelled her to render Pardon to them and created further Mental agony and stress to the Complainant.  She again issued a Legal Notice dated 28.11.2014 addressing the Opposite Parties seeking their explanation for their attitude towards the Complainant on 08.06.2014 but the 1^st Opposite Party replied vide a Letter dated 30.12.2014 stating that departmental enquiry was initiated against the 1^st Opposite Party and the Notice was not served on the other Opposite Parties since it was not addressed to their residential Address which was not known to the Complainant.  Hence the complaint.

3. Written Version filed by the 1^st Opposite Party in brief is as follows:-

This Opposite Party doesn't dispute that the Complainant had boarded the Gudalur to Chennai Bus on 08.6.2014, on the other hand it is rather surprising to note the averment that the 2^nd  Opposite Party forcibly pushed the Complainant out of the bus. There is no specific reason mentioned in the complaint for the alleged behaviour of the 2^nd  Opposite Party. In any event, this Opposite Party had issued a show cause notice to the 2^nd Opposite Party calling for an explanation and the 2^nd Opposite Party has also been suspended from service. Even before the filing of the present complaint, this Opposite Party had sent a letter dated 26.8.2014 to the Complainant referring the Hon'ble Chief Minister's Special Cell Petition No.132330 dated 11.6.2014 and the Complainant was informed in the said letter that suitable disciplinary action has been taken against the 2^nd Opposite Party and the was also requested to send the original advance booking ticket to the Assistant Manager, SETC, Chennai - 600 002 for getting refund of the amount paid by her towards ticket booking charges. It is submitted that this Opposite Party has also paid the ticket booking charges to the Complainant. As the explanation offered by the 2^nd  Opposite Party was not satisfactory, he has been suspended from his service. The allegations of the Complainant are not strengthened by any supporting evidence and inspite of the departmental action taken by this Opposite Party on the 2^nd Opposite Party, the Complainant proceeded to file the present complaint, for reasons best known.  The averments and allegations in paras 9 and 10 are denied. The Complainant had deliberately suppressed to mention about the letter dated 26.8.2014 issued by this Opposite Party. The sum of Rs.10,00,000/- claimed as compensation by the Complainant is without any basis and rationale. The intention of the Complainant is not genuine and is aimed only to harass and co-erce this Opposite Party. The Complainant is not entitled to cost as well as the cost towards the second ticket as she refused to accept it when this Opposite Party intimated her to send the original ticket to its office for getting refund. Thus it is clear that the Complainant is only interested in litigation and the complaint deserves to be dismissed with costs. The Complainant is improving her case facts stage after stage. In the initial legal notice no claim is made towards mental agony and other claims. Those claims are being made only in the complaint which is nothing but after thought since there was no deficiency in the service of this Opposite Party  the claim is unfounded and liable to be dismissed. The claim is being made by twisting the facts and hence the complaint is liable to be dismissed.

4. Written Version filed by the 3^rd Opposite Party in brief is as follows:-

It is not the duty or work of this Opposite Party to check on the passengers who board the bus. His work is only driving the bus and to stop at the places where he has instructions to halt. The fact being that the 3^rd opposite had not even seen the Complainant and that being so, the 3^rd  Opposite Party being the driver of the bus has been unnecessarily added as a party to the complaint. The allegation in para 5 of the complaint that the 2 and 3^rd opposite parties grabbed the Complainant forcefully and pushed her out of the bus amidst the public who were watching the same is false and vehemently denied. Neither the Complainant nor her luggage was thrown overboard as alleged in para 5 of the complaint. The averments in paras 6 and 7 of the complaint that the 3 Opposite Party abused the Complainant with filthy words are false and denied. So, under the said circumstances, the question of abusing or forcing the Complainant to travel on the foot board of the bus are false and denied.  It is submitted that when the statement of the Complainant that she was forced to sit on the footboard of the bus is itself false, the averment of the Complainant that she had to rush to the hospital and was advised to take complete bed rest. The averment in para 12 of the complaint that the 2^nd and 3^rd opposite parties had called the Complainant to accept his pardon and had sent mails in this regard is absolutely false and denied. When this Opposite Party is not at fault, there is no need for him to contact the Complainant. On the other hand, it is reliably learnt that the 2^nd Opposite Party has been issued with a show cause notice and was called on to give an explanation based on the complaint preferred by the Complainant with the Chief Minister's Special Cell on 10.6.2014. This Opposite Party has not been called for any explanation from its management, would prove he has not involved in any incident alleged by the Complainant.  Hence prayed to dismiss the complaint.

5.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-12  were marked. The Opposite Parties submitted their Proof Affidavit and Written Arguments. On the side of the 1^st Opposite Party, documents Ex.B-1 to Ex.B-3 were marked. On the side of 2^nd and 3^rd Opposite Parties no documents were marked.      

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed and for what other relief/s?

Point No.1:-      

It is an undisputed fact that the Complainant had booked a ticket for her return Journey on 08.06.2014 from Gudalur to Chennai on 02.06.2014 itself at Chennai, vide ticket No.BF155378 for seat No.24. It is in dispute that the seat for return Journey of the Complainant was not allotted to her and the said seat No.24 was allotted to some other passenger. Hence she was asked to take a fresh ticket for Rs.405/- from Gudalur to Chennai failing denial to step into the bus and was ill-treated.

From perusal of Ex.A1 it is evidenced that the Complainant had booked ticket for her return journey on 08.06.2014 from Ooty to Chennai vide ticket No.BF155378 forset No.24. From the Complainat it is clear that the Complainant had stepped into Bus at Gudalur, where she was denied travel as seat No.24 was allotted and confirmed to some other passenger and she was asked to get down from the bus, having reserved ticket she had requested to allow her to travel, where she was asked to get down and thereafter after intervention of the public, the 2^nd and 3^rd Opposite Parties insisted her to take a fresh ticket for Rs.405/- as evidenced from Ex.A-3 and thereafter allowed her to travel from Gudalur to Chennai. Theafter, for the incident taken place to her on 08.06.2014, she had sent complaints on 10.06.2014 to CM Cell and to Hon’ble Minister, for which a receipt has been given to her, as evidenced from Exs.A-5, Ex.A-6 and Ex.A-7. On the above complaint, an enquiriy was conducted against the 2^nd Opposite Party, which was admitted by the Opposite Parties during their arguments. The Complaiannt had also issued a legal notice dated 28.11.2014 to the Opposite Parties, as found in Ex.A-8  and the returned covers of the 2^nd and 3^rd Opposite Paties were marked as Ex.A-9 and Ex.A-10. From Ex.A-11 being the intimation dated 30.12.2014 issued by the 1^st Opposite Party to the Complaiannt Advocate, it is clear that a departmental proceedings against the 2^nd Opposite Party has been initiated and subjected for internal enquiry.

The contentions of the Oppsoite Parties, that the ticket of the Complainant was not confirmed and hence she was not permitted to travel and the 3^rd Opposite Party being the driver of the bus had not even seen the Complainant, are not sustainable, as the Complainant had already reserved a seat vide No.24 on 02.06.2014 itself at Chennai, for her return Journey from Gudalur to Chennai on 08.06.2014 uder PNR.No.T7577074 and ticket No.BF155378 and allotted seat No.24, when that is so, allotment in respect of seat No.24 made to some other passenger without verifying the booking made in Advance on 02.06.2014 by the Complainant for her return journey  on 08.06.2014, further a departmental enquiry was conducted against th 2^nd Opposite Party for the untoward incident taken place and was suspended from service as admitted in the written version filed by the 1^st Opposite Party. Hence, we hold that the Opposite Parties 1 to 3 had acted negligently by not allowing the Complainant to travel in the bus as per Ex.A-1 and allotting a seat to another passenger without verifying the ticket booked by the Complainant, clearly amounts to deficiency of service. Therefore,we are of the considered view that the 1^st to 3^rd Opposite Parties had committed deficiency of service and thereby had caused serious mental agony to the Complainant. Accordingly, Point No.1 is answered.

 

 

Point No.2:-

As discussed and decide above in point no.1 against the Opposite Parties, the Complainant is entitled for a sum of Rs.405/- being the cost of second ticket, to pay a sum of Rs.25,000/- towards deficiency of service and mental agony and also to pay a sum of Rs.3,000/- towards cost. Accordingly, Point No.2 is answered.

In the result this complaint is allowed in part. The Opposite Parties 1 to 3 are jointly and severally directed to pay a sum of Rs.405/- (Rupees Four Hundred and Five Only) being the cost of second ticket, to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards deficiency of service and mental agony and also to pay a sum of Rs.3,000/- (Rupees Three Thousand Only) towards costs, to the Complainant, within 8 weeks from the date of this order, failing which the Complainant is entitled to recover the above amounts along with interest @ 9 % per annum from the date of this order  till the date of realisation.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 8^th day of August 2022.  

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	08/06/2014	Copy of Online SETC Bus Ticket
Ex.A2	08/06/2014	Copy of SETC Bus Ticket (Gudalur-Ooty)
Ex.A3	08/06/2014	Copy of SETC Bus Ticket (Ooty-Chennai)
Ex.A4	09/06/2014	Copy of O.P Token
Ex.A5	10/06/2014	Copy of Complaint to CM Cell
Ex.A6	10/06/2014	Copy of Complaint to Hoble Minister.
Ex.A7	10/06/2014	Copy of Receipt from CM Cell
Ex.A8	28/11/2014	Copy of Legal Notice
Ex.A9	16/12/2014	Copy of Returned Envelope Opposite Party-2
Ex.A10	18/12/2014	Copy of Returned Envelope Opposite Party-3
Ex.A11	30/12/2014	Copy of Reply from Opposite Party-1
Ex.A12	18/02/2015	Copy of Medical Certificate

 

List of documents filed on the side of the 1^st Opposite Party:-

 

Ex.B1	08.06.2014	Copy of Journey Bill of SETC Gudalur (Ooty)
Ex.B2	08.06.2014	Copy of Trip Details
Ex.B3	08.06.2014	Copy of explanation offered by 2nd Opposite Party

 

List of documents filed on the side of the 2^nd & 3^rd  Opposite Parties:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT