IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 4th day of October, 2011.
Present : Sri. Jacob Stephen (President).
Sri. N. Premkumar (Member)
C.C.No.158/11 (Filed on 29.06.2011)
Between:
Sumesh. S. Nair,
Sumesh Bhavan,
Parakode. P.O.,
Adoor Taluk,
Pathanamthitta Dist.
(By Adv. Bindu. N. Rajan) ….. Complainant
And:
The Proprietor,
Madathile Lekshmi & Malootty Groups,
Manampuzha, Pananthoppu,
Kadampanadu South.P.O. ….. Opposite party.
O R D E R
Sri. Jacob Stephen (President):
Complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that his marriage was fixed to held on 12.09.2010 at Ullannoor Thkkemon Bhagavathy Temple, Kulanada. For that purpose, on 28.05.10, the complainant booked four stage carriers of the opposite party with capacity of 49 passengers each for the conveyance of the marriage party from Parakode to Kulanada. The rate of per bus is `5,000 + Batta and he paid advance of ` 5,000. The total amount to be paid was ` 20,000 including the advance. After receiving the advance, opposite party also given a booking receipt. On 11.9.10 the complainant contacted opposite party and get confirmed the availability of the buses. But on the date of marriage i.e. on 12.09.10, the complainant and the whole family including 200 invitees waited till 8.30 a.m. for the arrival of the bus. But the buses were not arrived. So the complainant tried to contact the opposite party over telephone. But nobody attended the call. Thereafter, the complainant made frantic efforts to arrange other conveyances for the marriage party and he incurred an additional expenses of ` 20,000 due to the immediate alternate arrangements. He was also forced to leave 50 invitees as immediate arrangement was not successful. Further he had to face the redicule of the marriage party, and to undergo great mental agony and tension. He had also attended his marriage with a heavy heart and without a peaceful mind. All the above said troubles were due to the non-providing of the buses by the opposite party, booked by the complainant. The above said act of the opposite party is a clear deficiency in service, which caused mental agony and financial loss to the complainant and the opposite party is liable to the complainant for the same. A legal notice was issued to the opposite party demanding compensation and the return of the advance amount which was received by the opposite party. But opposite party has not given any reply to the said notice. Hence this complaint for the realization of ` 80,000 from the opposite party under various heads.
3. Notice of this complaint was received by the opposite party, but he did not appeared. Hence the opposite party was declared as exparte.
4. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the proof affidavit filed by the power of attorney holder of the complainant and Exts.A1 to A4. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s allegation against the opposite party is that four buses of the opposite party was booked for the marriage of the complainant by paying an advance of ` 5,000. But on the marriage day, the buses booked by the complainant were not send by the opposite party for taking the marriage party. Though the complainant tried to contact the opposite party for sending the buses over telephone, nobody attended the telephone. So the complainant was compelled to make immediate alternate arrangements for the journey of the marriage party by spending excess money. The above said act of the opposite party is a clear deficiency in service, which caused financial loss and mental agony to the complainant.
7. In order to prove the case of the complainant, the power of attorney holder of the complainant filed a proof affidavit along with four documents. On the basis of the proof affidavit, documents were marked as Exts.A1 to A4. Ext.A1 is the power of attorney executed by the complainant in favour of his father Sasidharan Nair. Ext.A2 is the booking receipt dated 28.05.10 issued by the opposite party. Ext.A3 is the photocopy of the advocate notice dated 16.3.2011 issued to the opposite party. Ext.A4 is the acknowledgment card of Ext.A3.
8. On a perusal of Ext.A2 booking receipt dated 28.05.10 issued by the opposite party, it is seen that the complainant had booked 4 buses on 28.05.10 for his marriage dated 12.09.10. On the basis of the complaint and proof affidavit, it is seen that the buses were not send by the opposite party as per Ext.A2 booking receipt for taking the marriage party. As per Ext.A2, opposite party is legally bound to provide 4 buses to the complainant on 12.09.10. But as per the proof affidavit of the complainant’s power of attorney holder, it is seen that the buses were not provided by the opposite party as per Ext.A2 booking receipt. Since opposite party is exparte, complainant’s case stands proved as unchallenged. The above said act of the opposite party is a clear deficiency of service and the opposite party is liable to the complainant. Therefore, this complaint is allowable with cost and compensation.
9. In the result, this complaint is allowed thereby the opposite party is directed to return the advance amount of ` 5,000 (Rupees Five Thousand only) received at the time of booking with 12% interest from the date of filing of this complaint till today with compensation of ` 20,000 (Rupees Twenty Thousand only) along with cost of ` 2,000 (Rupees Two Thousand only) from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 12% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 4th day of October, 2011.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkunar (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil
Exhibits marked on the side of the complainant:
A1 : Power of attorney executed by the complainant in favour of his
father P. Sasidharan Nair
A2 : Booking receipt dated 28.05.2010 issued by the opposite party to the
complainant
A3 : Photocopy of the advocate notice issued by the complainant to the
opposite party
A4 : Acknowledgment card of Ext.A3
Witness examined on the side of the opposite party: Nil
Exhibits marked on the side of the opposite party: Nil
(By Order)
Senior Superintendent
Copy to:- (1) Sumesh. S. Nair, Sumesh Bhavan, Parakode. P.O.,
Parakode Vadakku Muri, Adoor Taluk,
Pathanamthitta Dist.
(2) The Proprietor, Madathile Lekshmi & Malootty Groups,
Manampuzha, Pananthoppu, Kadampanadu South.P.O.
(3) The Stock File.
