Complaints filed on: 08-06-2023
Disposed on:28-02-2024
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 28th DAY OF FEBRUARY 2024
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
CC.Nos. 64/2023, 65/2023 and 66/2023
C.C.No.64/2023
Sri. Manjunath D S/o Doddakamaiah,
Aged about 29 years, R/at Bendona,
Chandrayanadurga Hobli,
Koratagere Taluk, Tumakuru District.
Working at Sharadhamba PU Science
College, Ashoka Nagara, 5th Cross,
Tumakuru, Karnataka.
C.C.No.65/2023
Sri. Venugopal S/o Late Siddappa,
Aged about 35 years, R/at
Beeranakallu, Swandenahalli Post,
Kasaba Hobli, Tumakuru Taluk,
Tumakuru District.
Working at Sharadhamba PU Science
College, Ashoka Nagara, 5th Cross,
Tumakuru, Karnataka.
C.C.No.66/2023
Sri. Lakshmikantha N.M. S/o Meenaraju N.T.
Advocate, A/a 26 years, R/at No.16A, 1st Floor,
New GMS Complex, Ashoka Road, Tumakuru.
……….Complainant
(By Sri. B.Somashekhara, Advocate)
V/s
1. The Proprietor,
Paulo bus, Paulo Transport Office,
Verna M-56, Phase III-B,
Verna Industrial Estate, Verna,
Salcette, Goa-403722.
Branch office at
No.2, 1, Race Course Road,
Opp. Congress Bhavan Madava Nagar,
Gandhi Nagar, Bangalore.
2. The Mantis, Driver at Paulo Travels,
Bus No. GA 08 V 5047,
Verna M-56 Phase III-B
Verna Industrial Estate,
Verna, Salcette, Goa-403722.
3. The Proprietor, Redbus,
IBIBO Groups Pvt. Ltd.,
Indiqube Leela Galleria,
5th Floor, #No.23, Old Airport Road,
HAL 2nd Stage, Kodihalli Village,
Varthur Hobli, Ward No.74,
Bengaluru – 560 008.
…….Opposite Party/s
(Served – Absent)
:ORDER:
SMT.G.T.VIJAYALAKSHMI - PRESIDENT
Since the OPs in all cases are one and the same, but the complainants are different and the facts of these cases are identical, so in order to avoid confusion, repetition of discussion of facts and also to avoid conflict of the opinion, all the complaints are clubbed together and disposed off under a common order.
2. The complainants have filed these complaints with a direction to OPs to refund the bus ticket amount along with damages of Rs.50,000-00 and litigation cost and such other reliefs as the Commission deems fit to grant.
3. The brief facts of the complaints are as under:-
The OP No.1 is the Travelers and the OP No.2 is the Driver of the bus bearing No.GA-08-V-5047 which drives the route from Goa to Bangalore and OP No.3 is the booking agent. The complainants wanted to come back to Tumakuru, booked tickets with OP No.3 from Goa to Tumakuru on 02.04.2023 by paying bus fair of Rs.945/- each in total Rs.2,835/- including of all tax. As per the booking, the OP No.3 booked three tickets and fixed the pick-up point on 02.04.2023 at about 6.31 PM and one of the complainants by name Lakshmikantha N.M has given his mobile number for ticket booking and for all communication. It is further submitted that as per the ticket confirmation, the complainants reached the said spot on 02.04.2023 at about 6.00 PM fixed by OP No.3 and further submits that OP No.1 was also given message to complainant friend Mobile No.8495881546 on 02.04.2023 at about 12.03 pm hrs and confirmed the ticket in PNR No.281951405-15228 and seat numbers L, H & G. The complainants reached the spot on 02.04.2023 at about 6.00 pm at Mapusa, Goa as per the pickup spot is fixed in the ticket and as per the SMS of OP No.1, accordingly complainant’s fried Lakshmikantha N.M. called OP No.2 on 02.04.2023 at about 6.00 pm and OP No.2 was received the phone and told to wait for 30 minutes at pick-up point at Mupasa, Goa and their bus will pick-up them, thereafter after waiting 30 minutes, again Mr.Lakshmikantha N.M. called OP No.2 at about 6.30 PM, but OP No.2 told to wait there itself and mini bus will arrive soon, but no bus will arrive and therefore the complainant called the OP No.2 again and again, but OP No.2 had goes on giving the time until 9.00 PM hrs, but after 9.00 pm, the OP No.2 told that he left the pick-up point and gave evasive answer and left the complainants intentionally to grab the seat to another person. It is further submitted that though they have at pick-up point, the OP’s bus has not come to the pick-up point, hence the complainants asked the OP No.2 to refund the amount, but OP No.2 told to ask with OP No.1 and when asked the OP No.1 to refund the money, the OP No.1 also refused. Hence, the complainants issued legal notice on 17.04.2023 to refund the ticket amount and to pay damages of Rs.50,000-00, but in spite of receipt of notice, the OPs neither replied to the legal notice nor refunded the ticket amount with damages for mental agony. Hence, the complaints.
4. After service of notice, the OPs failed to appear before this Commission and not filed the version.
5. The complainants have filed their respective evidence by way of affidavit and also marked the documents at Ex.C1 to C9 in each case.
6. We have heard the arguments of complainants’ counsel. In spite of sufficient opportunities, the OPs failed to appear before this Commission.
7. On perusal of pleadings and documents produced by the complainant, the points that would arise for our consideration are:
1) Whether there is any deficiency in service on the part of OPs?
2) Whether the complainant is entitled for reliefs sought for?
8. Our findings to the aforesaid points are as under:
Point No.1: Partly in the affirmative
Point No.2: As per the final order
:R E A S O N S:
Point Nos.(1) & (2):-
9. To prove their case, complainants produced confirmed bus tickets i.e. Ex.C1 and tickets issued by OP No.3 dated:02.04.2023 for the Journey from Goa to Tumkur in Paulo bus. The ticket was issued by OP No.3 and the bus fare was Rs.945/- for each complainant, totally Rs.2,835/- and it includes all taxes.
10. The Ex.C2 and Ex.3 indicates 3 seats i.e. L. H & G allotted to the complainants in Paulo travels. The boarding point mentioned as Madgaon – inside KTC bus stand and drop point is Tumakuru. The mobile number and e-mail ID of complainant Lakshmikantha was referred. The Ex.C4 reveals the fact that @ 12.03 PM and 7.05 PM SMS sent to complainant Lakshmikantha mobile and it reads, as
12:03 pm
“Booking PNR 281951405-15228 Bus info – Bus No:GA 08 V 5047, Bus Suffic; B75 Goa-Bangalore 2X, PickupMan No: Driver No:9145071267 Driver2 No:9145071267”. MANTIS
07:05 pm
“Dear Traveler PNR-281951405, Bus:GA-08-V-5047 for Goa-Tumkur will reach at Mapusa pick up by mini bus opp soon. Get the latest location at
The Ex.C5 is the call history from complainants to bus driver i.e. OP No.2 and Ex.C6 is the legal notice and Ex.C7 to 9 are postal acknowledgments.
11. From the above exhibits, it is clear that, the complainants booked tickets with OP No.3 from Goa-Tumkur on 02.04.2023 by paying bus fare of Rs.2,835/-. As per booking, the OP No.3 booked the tickets and fixed the pick-up point on 02.04.2023 at 6.31 PM. For communication purpose, complainant Lakshmikanth mobile number was given. As per the ticket confirmation, the complainants reached the said spot on 02.04.2023 at about 6.00 PM fixed by OP No.3 and further submits that OP No.1 was also given message to complainant friend Mobile No.8495881546 on 02.04.2023 at about 12.03 pm/hrs and confirmed the ticket in PNR No.281951405-15228 and seat numbers L, H & G. The complainants reached the spot on 02.04.2023 at about 6.00 pm at Mapusa, Goa as per the pickup spot is fixed in the ticket and as per the SMS of OP No.1, accordingly complainant’s fried Lakshmikantha N.M. called OP No.2 on 02.04.2023 at about 6.00 pm and OP No.2 was received the phone and told to wait for 30 minutes at pick-up point at Mupasa, Goa and their bus will pick-up them, thereafter after waiting 30 minutes, again Mr.Lakshmikantha N.M. called OP No.2 at about 6.30 PM, but OP No.2 told to wait there itself and mini bus will arrive soon, but no bus will arrive and therefore the complainants called the OP No.2 again and again, but OP No.2 had goes on giving the time until 9.00 PM hrs, but after 9.00 pm, the OP No.2 told that he left the pick-up point and gave evasive answer and left the complainants. Even though complainants have at pick-up point, the OP’s bus has not come to the pick-up point. Hence, the complainants asked the OP2 to refund the amount. But OP No.2 told to ask the OP No.1 and OP No.1 refused to repay the bus fare.
12. In this regard complainants approached the OPs on several times, OP No.1 refused to refund the bus fare received from the complainants. Hence, the complainant issued legal notice. The OPs neither refunded the bus fare received from the complainants nor replied to the legal notices issued by the complainants. In these complaints, the OPs failed to appear before this Commission to deny the evidence of the complainants and the evidence of the complainants stands undisputed. Hence, the evidence of the complainant goes unchallenged. In view of the above facts, evidence and circumstances, we are of the opinion that the OPs 1 & 2 has caused deficiency of service.
13. For the acts of the OPs 1 & 2, the complainants approached this Commission. Hence, they are liable to refund the bus fare and to pay compensation and litigation expenses to the complainants. We do not find any allegation of deficiency against OP No.3. Hence, the complaint against OP No.3 is liable to be dismissed. Accordingly, we pass the following:-
:ORDER:
The complaint Nos.64/2023, 65/2023 and 66/2023 are allowed in part with cost.
The OPs 1 & 2 are jointly and severally directed to refund the bus fare of Rs.945/- to each complainant with 9% interest from the date of payment to till realization.
The OPs 1 & 2 are jointly and severally directed to pay Rs.3,000/- as compensation and Rs.3,000/- as litigation expenses to each complainant.
The complaint against OP No.3 is dismissed.
The above order shall be complied by the OP Nos. 1 & 2 jointly and severally within 45 days from the date of receipt/knowledge of the order.
The original order shall be kept in C.C.No.64/2023 and a copy thereof shall be kept in C.C.Nos. 65/2023 and 66/2023.
Supply copy of this order to both parties with free of costs immediately.
