Tamil Nadu

North Chennai

CC/149/20116

K.Gunasekaran - Complainant(s)

Versus

Thirumal Alaghu Travels - Opp.Party(s)

S.C.Vishwanth

28 Feb 2017

ORDER

 

 

                                                             Complaint presented on:  15.09.2016

                                                                Order pronounced on:  28.02.2017

 

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 28^th  DAY OF FEBRUARY 2017

 

C.C.NO.149/2016

 

 

K.Gunasekaran,

Son of Kannan,

No.7, NSK Street,

Gangai Nagar, Kallikuppam,

Ambattur, Chennai – 53.

                                                                                    ..... Complainant

 

..Vs..

	Thirumal Alaghu Travels, Represent by its Managing Director, No.42, Third Platform, Omni Bus Terminus, Koyembedu, Chennai – 107.
	.....Opposite Party

Date of complaint                                  28.09.2016

Counsel for Complainant                      : S.C.Vishwanth, P.Saratha

Counsel for opposite party                       : Ex - parte

 

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This Complaint is filed by the Complainant to direct the Opposite Party to refund a sum of Rs.950/- towards ticket charges and compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant booked ticket on 26.05.2016 in the Opposite Party bus through Opposite Party website www.tattravels.net to travel on 28.05.2016 at 9.15 p.m from Tirunelveli to Chennai.  The seat No.1 was allotted to him. On 28.05.2016 the Complainant was seated in his seat for travel. At that time one couple with a small kid entered the bus and claimed that they have booked ticket for the seat numbers 1 & 2 through agent. The Complainant asked the ticket checker, he informed that the Complainant name was not found in the passengers list. The said couple occupied the seat No. 1 & 2. The ticket checker demanded Rs.950/- for his travel in the same bus as his name was not available in the list.  The driver and ticket checker informed him that one seat will be available from Kovilpatti and he can travel in the same bus by paying the ticket amount.

          2. Even though the Complainant was having valid ticket, he was forced to pay Rs.950/- as ticket charge inspite of that he had already paid the same amount and booked the ticket. Due to such act of the Opposite Party the Complainant suffered with mental agony. After reaching Chennai the Complainant issued legal notice dated 04.07.2016, even after that the ticket was not refunded to him. Hence the Complainant filed this Complaint for deficiency in service committed by the Opposite Party claiming to refund the cost of the ticket charges compensation for mental agony and deficiency in service with cost of the Complaint.

          3. Though the Opposite Party received notice he did not appear on 03.11.2016 and hence the Opposite Party called absent and set Ex-parte.

          4. The Complainant had come with his proof affidavit and documents Ex.A1 to Ex.A6 were marked on the side of the Complainant.

          5. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

6. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

7. POINT NO :1

          The Complainant booked Ex.A1 ticket on 26.05.2016  through the  Opposite Party website www.tattravels.net to travel in their bus  on  28.05.2016 at 9.15 p.m  from Tirunelveli to Chennai and he was allotted seat No.1  and on 28.05.2016 the Complainant was seated in his seat for travel and  at that time one couple with a small kid entered the bus and claimed to have booked ticket for the seat numbers 1 & 2 through the Opposite Party  agent and   the ticket checker also  informed  him that the Complainant name was not  found in the passengers list and  the said couple occupied their seat Nos. 1 & 2 and the ticket checker demanded  the Complainant  to pay a  sum of Rs.950/- to travel in the same bus as his name was not available in the list and  further  one seat will be available from Kovilpatti and he can avail the same for his travel and there is no other way the Complainant forced to pay another sum of Rs.950/- to the Opposite Party bus ticket checker inspite of that he was having Ex.A1 valid ticket.

          8. After arriving Chennai the Complainant contacted the Opposite Party and he sent Ex.A2 mail to the Complainant. Ex.A3 is the bank statement of the Complainant and the same proves that a sum of Rs.940/- was debited from his account at the time of booking ticket.  Though the Opposite Party sent Ex.A2, Ex.A5 mail to the Complainant they have not refunded the ticket amount to him.  The Opposite Party for one trip journey collected twice from the Complainant and also failed to refund the ticket amount is deficiency on the part of the Opposite Party.  There is no contra evidence on behalf of the Opposite Party. Hence, we hold that the Opposite Party committed deficiency in service by collecting ticket amount twice from the Complainant and also failed to refund the amount. 

 9. POINT NO: 2

          Since the Complainant paid ticket amounts twice, he is entitled for refund of Rs.950/- from the Opposite Party. Though the Complainant is having valid Ex.A1 ticket and he was forced to buy another ticket by paying an another amount caused mental agony to him is accepted and for the same it would be appropriate to order to pay a sum of Rs.10,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.     

         In the result the Complaint is partly allowed. The Opposite Party is  ordered to refund a sum of Rs.950/- (Rupees nine hundred and fifty only)    towards the ticket amount to the Complainant and also to pay  a sum of Rs. 10,000/- (Rupees  ten  thousand only) towards compensation for mental agony, besides 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.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 28^th day of February 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 26.05.2016                   Ticket booking Details with endorsement

Ex.A2 dated 30.05.2016                   E-mail to the Opposite Party

Ex.A3 dated NIL                     Bank Statement of the Complainant

Ex.A4 dated 26.05.2016                   Reply from the payment Gateway

Ex.A5 dated NIL                     Communication from the Opposite Party

Ex.A6 dated 04.07.2016                   Lawyer Notice with Acknowledgement

 

MEMBER – II                                                               PRESIDENT