Tamil Nadu

North Chennai

CC/64/2016

T.K.Muthu - Complainant(s)

Versus

The managing Director Thirumaal Alagu Travels - Opp.Party(s)

M.swaminathan

22 Aug 2016

ORDER

 

 

                                                            Complaint presented on:  06.04.2016

                                                                Order pronounced on:  22.08.2016

 

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

 

MONDAY THE 22^nd    DAY OF AUGUST 2016

 

C.C.NO.64/2016

 

 

Mr.T. K.Muthu,

S/o.T.Krishnamurthy,

No.7/1, First Street Extension,

Krishna Nagar,

Maduravoyal,

Chennai -95.

                                                                                               ..... Complainant

 

..Vs..

	The Managing Director, Thirumaal Alagu Travels, No.42, 3rd Platform,   Chennai – 107.
	.....Opposite Party

Date of complaint                                  09.05.2016

Counsel for Complainant                      : M/s.M.Swaminathan

Counsel for opposite party                       : Ex - parte

 

 

 

O R D E R

 

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

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

1.THE COMPLAINT IS IN BRIEF:

          The Complainant booked 5 tickets on 22.04.2015 for himself and his family members to travel in the Opposite Party bus on 30.04.2015 from Chennai to Theni on payment of consideration of Rs.3,000/-. The seat Nos.7,8,13,14 & 15 allotted to them. The Opposite Party’s bus scheduled to departure at 8.25 p.m. The Complainant and family members arrived at Koyambedu bus stand at 8.00 p.m on 30.04.2015 well in advance to board the bus. The Opposite Party person asked them to wait and assured that bus will arrive at schedule time.  Till 11.p.m they have waited and the bus did not come to pick up them. The Opposite Party staff without making any alternate arrangements closed the office and went away. They also refused to refund the ticket amount. The Complainant and his family members were put to severe mental agony and hardship. On 01.05.2015 the Complainant sent a mail to the Opposite Party to refund the ticket amount of Rs.3,000/-. A legal notice was issued on 13.10.2015. However the Opposite Party did not refund the amount, hence the Complainant filed this Complaint for Deficiency in Service and mental agony caused to them seeking refund of ticket amount and compensation with cost of the Complaint.

          2. Though the Opposite Party received notice, he did not appear on 20.07.2016 and hence the Opposite Party called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A4 were marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. POINTS FOR CONSIDERATION

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

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

6. POINT NO :1

          The Complainant booked 5 tickets under Ex.A1 for his family members on 22.04.2015 on payment of consideration of Rs.3,000/- to travel from Chennai to Theni on 30.04.2015 and scheduled to departure at 8.25 p.m on that day and however the said bus did not turn up to pick them as per the ticket schedule till 11.p.m and hence the Complainant unable to travel on that day and returned to their home at 12.30 a.m and therefore committed unfair trade practice by way Deficiency in Service.

          7. Ex.A1 is the ticket to travel in the Opposite Party bus. As per the ticket the Seat Nos.7,8,13,14 & 15 were allotted to them. The Opposite Party bus did not turn up as schedule and also till 11.p.m. Having the Complainant and his family members waited 11.p.m the bus has not come to pick them and they returned home proves the Deficiency in Service of the Opposite Party.

          8. The Complainant sent Ex.A2 mail to the Opposite Party to refund the amount. He also sent Ex.A3 notice to refund the amount and the said notice was also acknowledged by the Opposite Party and did not give any reply. As the Opposite Party even after receipt of mail and legal notice failed to refund the ticket amount of Rs.3,000/- to the  Complainant establishes that the Opposite Party has not committed unfair trade practice and accordingly this point is answered.

 9. POINT NO: 2

          Having the Opposite Party committed Deficiency in Service and unfair trade practice caused mental agony to the Complainant is accepted. Further, the Opposite Party even after receipt of mail and legal notice failed to refund the amount proves that the Opposite Party has no courtesy to response to its customer. Further the Opposite Party failed to provide service as per ticket Ex.A1 issued to him and thereafter even after receipt of reminders not refunded the amount establishes the Complainant is entitled to get refund of the ticket amount of Rs.3,000/- from the Opposite Party.

          10. The Complainant and his family members booked the ticket on 22.04.2015 eight days in advance. Further till midnight the Complainant and his family members left in lurch at Koyambedu bus stand and having the Opposite Party failed to arrange for alternative travel to go to Theni only shows the arrogant attitude of the Opposite Party and for the same it would be appropriate to direct him to pay heavy compensation to the Complainant. Therefore, it would be appropriate to order a sum of Rs.50,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.3,000/- (Rupees three  thousand  only) towards the ticket amount to the Complainant and also to pay  a sum of Rs. 50,000/- (Rupees fifty  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

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 22^nd   day of August 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated  22.04.2015              Copy of ticket Ex.A2 dated  01.05.2015              Copy of mail sent to Opposite Party Ex.A3 dated 13.10.2015               Advocate notice Ex.A4 dated 23.10.2015               Acknowledgment card

 

MEMBER – II                                                               PRESIDENT