DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Friday the 24th day of May 2024
CC.55/2024
Complainants
- Adith Chand. P,
Puthanpurayil (HO),
Madhura Bazaar,
Near Meenankshi Timber,
Cheruvannur – Feroke,
Kozhikode – 673631
2. Prabinbabu. T.T,
Thaithothil,
Pantheerankavu. P.O,
Kozhikode – 673019
(By Adv. Sri. Pavithran. K)
Opposite Parties
- The Managing Partner,
Vivekananda Travels Pvt. Ltd,
SK Temple Complex,
SK Temple Road, Near Stadium,
Kozhikode - 673004
- The Managaer,
Vivekananda Travels Pvt. Ltd,
SK Temple Complex,
SK Temple Road, Near Stadium,
Kozhikode - 673004
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The opposite parties are pilgrimage and picnic tour operators. The complainants booked 2 seats in the pilgrimage tour bus of the opposite parties to sabarimala. The date of booking was 25/11/2023.The scheduled departure was at 3 PM on 23/12/2023. The sabarimala darsan was on 24/12/2023. As per the virtual queue booking coupon for darsan, the selected slot was 0.7:00 - 0.8:00 and the reporting time was 0.4:00 – 0.6:00. The package cost for 2 passengers was 3,900/- out of which, Rs. 1,000/- was paid as advance on 25/11/2023.
- On 23/12/2023 at about 2.45 pm, the complainants reported for the journey and paid the balance package cost. But the journey started only after 5.30 pm, as a result of which, the complainants could reach pathinettam padi only after 11 pm on 24/12/2023 and they could not have darsan.
- The complainants then contacted the guide of the bus and informed him about the situation. The bus left for Kozhikode without the complainants. The guide told them that their return journey could be in a non-a/c bus of the opposite parties on the next day. It was also informed that no seat was available in that bus and they had to stand.
- The complainant had darsan at 5.45 am and thereafter they returned to Kozhikode in a KSRTC bus. The first complainant had to avail one more leave. There was unfair trade practice and deficiency of service on the part of the opposite parties and the complainants were put to gross mental agony and monetary loss on account of the irresponsible attitude and conduct of the opposite parties. Hence the complaint for refund of Rs. 1,950/- which is the charge levied for the return journey to Kozhikode and to direct the opposite parties to pay Rs. 1,200/- being the expenses for the journey from Pamba to Kozhikode and also compensation of Rs. 50,000/-.
- On receipt of the notice issued from this Commission, the opposite parties appeared. But they did not file version within the stipulated time. They were set ex-parte.
- The points that arise for determination in this complaint are;
- Whether there was any deficiency of service on the part of the opposite parties, as alleged?
- Reliefs and costs.
- PW1 was examined and Exts A1 and A2 were marked.
- Heard.
- Point No.1:- The first complainant, who was examined as PW1, has filed proof affidavit in terms of the averments in the complainant and in support of the claim. Ext A1 is the copy of the virtual queue reservation message of the opposite parties and Ext A2 is the virtual queue booking coupon of Sabarimala.
- The evidence of PW1 stands unchallenged. The opposite parties have not filed version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. Deficiency of service on the part of the opposite parties stands proved. The opposite parties are bound to refund the fare collected from the complainants for their return journey to Kozhikode. Undoubtedly, the act of the opposite parties has resulted in gross mental agony and inconvenience to the complainants, for which, they are entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/-will be reasonable compensation in this regard. The complainants are also entitled to get Rs. 3,000/- as cost of the proceedings. The opposite parties are jointly and severally liable.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.55/2024 is allowed in part.
b) The opposite parties are hereby directed to refund Rs. 1,950/- (Rupees one thousand nine hundred and fifty only) to the complainants.
c) The opposite parties are hereby directed to pay compensation of Rs. 10,000/- (Rupees ten thousand only) to the complainants for the mental agony and hardship suffered.
d) The opposite parties are directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainants.
e) The order shall be complied with within 30 days of receipt of copy of this order, failing which, the amount of Rs. 1,950/- shall carry an interest of 9% per annum from the date of this order till actual payment.
Pronounced in open Commission on this, the 24th day of May, 2024.
Date of Filing: 27/01/2024
Sd/- Sd/-
PRESIDENT MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Virtual queue reservation message of the opposite parties.
Ext.A2 – Virtual queue booking coupon of Sabarimala.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Adith Chand. P (Complainant)
Sd/- Sd/-
PRESIDENT MEMBER
True Copy,
Sd/-
Assistant Registrar.
