BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> <br /> C.C.No. 10/2006 Filed on 16.01.2006<br /> Dated : 30.08.2008<br /> Complainant:<br /> Subeesh.S, Kripa, Valiyavilappurum, Ottasekharamangalam-695125.<br /> Opposite parties:<br /> 1.The Proprietor, Sreekrishna Tours & Travels, Arunkrishna Building, Krishnankoil Junction, Neyyattinkara.<br /> <br /> 2.The Proprietor, Aristo Tours & Travels, KPN Travels/Rathineena Travels, Thampanoor P.O.<br /> <br /> 3.The Proprietor, Lilly Travels, Near Syama Travels, Aristo Junction, Thampanoor P.O. <br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 04.07.2006, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 28.07.2008, the Forum on 30.08.2008 delivered the following:<br /> <br /> ORDER <br /> SMT. S.K.SREELA: MEMBER<br /> The complainant who is a Software Engineer reserved two seats for travelling in KPN vehicle from Neyyattinkara to Bangalore on 01.01.2006 at 2.30 p.m on 10.11.2005 by paying an amount of Rs. 1020/- to the 1st opposite party. But the 2nd opposite party had allotted the said seats to other people and thereby the journey of the complainant was interrupted. Though the complainant requested opposite parties 1 & 2 for making travel arrangements, it was rejected by them. Due to the postponement of the journey, the complainant could not attend the religious ceremonies on 01.01.2006. Thereafter the complainant approached the 3rd opposite party and had booked two seats by paying higher rate @ Rs. 810/- per person and this bus was routed through Mysore and the complainant could reach Bangalore only at 11.30 on 02.01.2006. Hence complainant and his wife could not join duty on that day. The complainant had requested the 1st opposite party to refund the booking amount but it was not refunded. Hence this complaint for refund and for compensation for the difficulties. <br /> Complainant has filed affidavit in support of his case. Exts. P1 and P2 were marked on the part of the complainant. The opposite parties have not cross examined the complainant. Hence his affidavit stands unchallenged. <br /> Opposite parties remain exparte. <br /> The issues that would arise for consideration are:-<br /> (i)Whether there is any deficiency in service on the part of the opposite parties and whether the complainant is entitled for any reliefs?<br /> (ii)Whether all the 3 opposite parties are jointly and severally liable. <br /> Points (i) & (ii):- The complainant alleges that he had booked two seats to Bangalore by paying Rs. 1020/- to the opposite parties, but the seats were not provided accordingly and hence he was forced to approach some other travels and had to obtain tickets by paying higher amount. Ext. P1 is the document evidencing that the complainant had paid Rs. 1020/- to the 1st opposite party for travelling on 01.01.2006. In Ext. P1 the vehicle No. is noted as KPN and the travel is from Neyyattinkara(NTA) to Bangalore. The date of payment as per Ext. P1 is on 10.11.2005 and the date of travel is 01.01.2006. This proves that the complainant had made the payment and reserved the seats well in advance. But the complainant alleges that he was not provided the seats accordingly. The opposite parties have never turned up to deny the same or contest the matter in spite of acceptance of notice from this Forum. In the above circumstance, this Forum is left with no other option than to believe the complainant. Moreover the complainant has produced the copy of the complaint given to the C.I of Police, Neyyattinkara also, in which the entire facts and grievances are seen narrated. Ext. P1 is seen issued by the 1st opposite party. The complainant has hired the service of the 1st opposite party. There is no deficiency in service established against opposite parties 2 and 3. Considering all the above we find that the deficiency in service against the 1st opposite party has been established by the complainant and he is found entitled for refund of the amount of Rs. 1020/- paid towards reserving the seats.<br /> Complainant has claimed for refund of Rs. 1620/- paid to Lilly travels for which there is no evidence. Further more there is no evidence to prove that he and his wife had incurred a salary loss of Rs. 3000/- and Rs. 400/- respectively. The deficient act of the 1st opposite party had not only caused the complainant to suffer a great deal of mental agony, but also deprived him from attending the religious ceremony. One can understand the condition of the complainant at that time when one puts himself in the place of the complainant. The complainant has to be compensated for the sufferings he had to undergo. <br /> In the light of the above discussions we find that the complainant is found entitled for an amount of Rs. 2500/- towards compensation also from the 1st opposite party.<br /> In the result, the 1st opposite party is directed to pay an amount of Rs. 1020/-along with a compensation of Rs. 2500/- and Rs. 500/- towards costs to the complainant within a period of one <br /> <br /> <br /> <br /> month, failing which the above amounts shall carry interest @ 12%. Opposite parties 2 & 3 are exempted from any liabilities. <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th August 2008.<br /> <br /> <br /> G. SIVAPRASAD, <br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> S.K.SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> <br /> C.C.No. 10/2006<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Sathyanesan<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of receipt No. 850 dated 10.11.2005 for Rs. 1020/- <br /> P2 - Photocopy of letter dated 31.12.2005 from the complainant. <br /> <br /> III OPPOSITE PARTIES' WITNESS :<br /> NIL<br /> IV OPPOSITE PARTIES' DOCUMENTS :<br /> NIL<br /> <br /> <br /> PRESIDENT <br /> <br /> <br />