Tamil Nadu

North Chennai

CC/121/2015

M/s.S.Ilangoo - Complainant(s)

Versus

The Proprietor, Joy Travels - Opp.Party(s)

M/s.K.A.Vimal Kumar

09 Feb 2016

ORDER

                                                              Complaint presented on  :  24.07.2015

                                                                Order pronounced on  :  09.02.2016

 

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

 

TUESDAY THE  09^th  DAY OF FEBRUARY 2016

 

C.C.NO.121/2015

 

 

 

Mr.S.IIangoo,

S/O. Shanmugam,

Residing at,

J/10, May flower Garden,

Srinivasa Avenue Road,

R.A.Puram,

Chennai – 28.

                                                                                         ..... Complainant

 

..Vs..

	1.The proprietor, JOY TRAVELS, Shop No. 4, Omni Bus Terminus, Koyambedu, Near Railway Station 1st Platform, Chennai – 600 107.   2.RED BUS, Plot No.2, 1st Floor, Rep. by The  Managing Director, Rathnapuri Layout, Koyambedu, Near Kotak Mahindra Bank, Chennai – 600 107.
	...Opposite Parties

Date of complaint                                  12.08.2015

Counsel for Complainant                      : M/S K.A.Vimal Kumar

Counsel for  Opposite Parties                       : Ex- parte        

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,

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

1.THE COMPLAINT IN BRIEF:

        The 1^st Opposite Party  is a private bus operator and the 2^nd Opposite Party is an on-line bus ticket agent having tie-up with many bus operators including the 1^st Opposite Party. The Complainant has booked two lower berth tickets numbers 5 & 6 for a consideration of Rs.1380/-  on 23.09.2014 through 2^nd Opposite Party to travel in the 1^st Opposite Party bus for himself and his wife from Chennai to Palani on 27.09.2014.  On the said day the Chief Minister of Tamil Nadu verdict was pronounced convicting her in the assets case and consequently  all the private bus services were stopped. The Complainant contacted the 1^st Opposite Party on 27.09.2014 for the travel already booked  by him for that day, the 1^st Opposite Party informed that the bus services from Chennai to Palani was cancelled and informed the Complainant to contact the 2^nd Opposite Party for refund of ticket amount. The Complainant  contacted the 2^nd Opposite Party Mangalore office on 17.10.2014 for the 1^st time and thereafter  on 11.02.2015, 13.02.2015, 20.02.2015, 06.03.2015 and 25.03.2015 for refund of money. However on 25.03.2015 the 2^nd Opposite Party asked the Complainant to contact 1^st Opposite Party for refund of money. Thereafter the Complainant contacted the 1^st Opposite Party on 27.09.2014  and 05.04.2015 and 15.04.2015 for refund of money. The 1^st Opposite Party  informed the Complainant, he cannot refund the ticket amount and asked the Complainant to avail the journey to some other vocation by using those tickets. Even for that journey as requested by the Complainant to travel to Dindigul was not arranged by the 1^st Opposite Party. The 1^st Opposite Party committed Deficiency in Service by not refunding the ticket charges of Rs.1380/-. Hence the Complainant issued legal notice to the Opposite Parties to refund the money and even after receiving the same they failed to refund the money. Hence the Complainant filed this Complaint.

2.  The 1^st Opposite Party refused to receive notice and the 2^nd Opposite Party though received notice remained absent and hence both were set Ex-parte.

3. The Complainant filed proof affidavit, Ex.A1 to Ex A6 marked. Written arguments of the  Complainant filed. Oral arguments of the  Complainant also heard.

4.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 relief?

5.POINT:1

        The Complainant has booked two E-tickets on 23.09.2014 through the 2^nd Opposite Party to travel from Chennai to Palani on 27.09.2014  for a consideration of Rs.1,380/- and on the said travel  day,  the Chief Minister Tamil Nadu was convicted by the Karnataka special court and consequently all the private Omini buses were cancelled and on that date itself the Complainant contacted the 1^st Opposite Party officer over phone and he also confirmed to him that the bus services from Chennai to Palani is cancelled and asked the Complainant to contact the 2^nd Opposite Party’s customer care for the refund of the ticket amount. The Complainant also contacted  the 2^nd Opposite Party customer care on 17.10.2014  for refund of the ticket amount and he assured that the ticket amount will be credited in his account in the succeeding month. However the amount was not credited to his account and then the Complainant contacted the  2^nd Opposite Party customer care  on various dates 11.02.2015, 13.02.2015, 20.02.2015,06.03.2015 and 25.03.2015  to refund the ticket amount. On 25.03.2015 the Complainant was informed by the 2^nd Opposite Party to contact the 1^st Opposite Party  in respect of refund of the ticket amount.

          6.The Complainant contacted the 1^st Opposite Party on 25.03.2015, 05.04.2015,06.04.2015 and 15.04.2015 for refund of the ticket amount. On 15.04.2015 the 1^st Opposite Party man Thiyagarajan who attended the call informed that they cannot refund the amount and asked  the Complainant to avail the journey to some other vocation by using those tickets. The Complainant also wanted to travel to Dindigul that was also not properly arranged by the 1^st Opposite Party .

          7.The admitted fact is that the 1^st Opposite Party did not ply  bus on 27.09.2014 from Chennai to Palani. Therefore when the 1^st Opposite Party did not ply his bus, it is his duty to refund the ticket amount.  There is no contra evidence on behalf of the 1^st Opposite Party. Even after demand made by the Complainant through Ex.A2 notice and the same was acknowledged under Ex.A4 the 1^st Opposite Party did not refund the amount proves that the 1^st Opposite Party committed Deficiency in Service.

08.POINT:2

          Though the Complainant possessed valid tickets for travel through the 1^st Opposite Party, due to non-ply of the bus and even after demand made by the Complainant the 1^st Opposite Party did not refund the ticket amount to him is an unfair trade practice of the 1^st Opposite Party. Therefore the Complainant is entitled for refund of the ticket amount from the 1^st Opposite Party and also for compensation, apart from that of litigation expenses.  There is no relief sought against the 2^nd Opposite Party and hence the Complaint against him is liable to be dismissed.

          In the result the complaint is partly allowed. The 1^st  Opposite Party is ordered to pay the ticket amount of Rs.1,380/- (Rupees one  thousand three hundred and eighty  only)to the complainant  and also to pay a   sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for unfair trade practice, apart from that  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. The complaint in respect of the  2^nd Opposite Party is dismissed.

           

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 09^th   day of February 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex. A1 dated 23.09.2014                  Bus Ticket 

Ex.A2 dated 18.05.2015                   Notice to 1^st Opposite Party by Complainant

Ex.A3 dated 18.05.2015         Notice to 2^nd Opposite Party by Complainant

Ex.A4 dated  20.05.2015                  Acknowledgement cards

Ex.A5 dated  25.03.2015                  Transcript  of Telephonic Conversation dated

                                                    25.03.2015 and 05.04.2015

Ex.A6 dated  NIL                    True Caller ID photo shots

 

LIST OF MATERIAL OBJECTS TYPED SET OF DOCUMENTS:

Ex.MO1 dated 25.03.2015      Compact Disc containing telephonic conversation

 

 

MEMBER – II                                                               PRESIDENT