Complaint No: 207 of 2022.
Date of Institution: 28.09.2022.
Date of order: 31.10.2023
Seerat D/o Raman Mahajan Son of Girdhari Lal, resident of 152/4, Adarsh Nagar Mandi, Gurdaspur Tehsil and District Gurdaspur.
…....Complainant.
VERSUS
1. Travel Point World LLP, Near Metro Piller Gurukul Shani Dham, No.214, EDM Mall Road, Anad Vihar, New Delhi - 110006.
Alternative / Correct address:-
Banjara Satguru Travels (Regd.), Shop No. 11, Angoori Bagh, Near Nagpal Dairy Jamna Bazar, Red Fort, Delhi – 110006. Mobile No. 99900-12513 / 85275-61313.
Email:- www.banjarasatrgurubus.com /
Banjaratravels10@gmail.com
2. Red Bus Private Online Travel, SCO - 1066-67, First Floor, Sector 22-B, Chandigarh, through its Branch Manager / Head.
3. Ibibo Group Private Ltd. Indiqube Leela Galleria, 5th Floor #No.23, Old Airport Road, Hal 2nd stage, Kodihalli Village, Varthur Hobli, W.No.74, Begaluru, Karnataka – 560008, through its CEO.
.....Opposite Parties.
Complaint U/S 35 of the Consumer Protection Act.
Present: For the complainant: Sh.K.K.Attri, Advocate.
Opposite parties: Exparte.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Seerat, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Travel Point World Etc. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that the complainant booked one bus ticket from Gurdaspur (Punjab) to Delhi of Travel Point World LLP A/C Seater / Sleeper (2+2) i.e. OP No. 1, through Redbus online application being run by OP’s No. 2 and 3 on 02.05.2022 and same was booked by the concerned online application under ticket No.TR5Y81225032 and seat No.7 was allotted to the complainant. It is submitted that the complainant paid Rs.679/- online for the same and boarding point was Jahaz Chowk, Gurdaspur and journey date and time was 02.05.2022 at 08:00 P.M. respectively as such the complainant is consumer of OP’s. It is alleged that when the complainant reached at the said boarding place i.e. Jahaz Chowk, Gurdaspur well before the boarding time on 02.05.2022, but no bus came to said boarding place on relevant date and time. It is further alleged that after the said incident the complainant called the concerned agent regarding her grievance then the said agent asked the complainant to come to Amritsar to get the Bus which is otherwise 80 km away from the given boarding point of Gurdaspur. It is further alleged that when the complainant asked him that why they booked ticket and gave boarding point, journey date and time at Gurdaspur, he misbehaved with the complainant and openly said that they are not going to pick her up and the only way to catch the Bus is to come to Amritsar otherwise we will leave without you. It is further alleged that the complainant also lodged her complaint through E-mail to the Ministry of Road Transport & Highways on 04.05.2022, but no action has been taken against the OP’s till date. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in services on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to pay the full claim amount of the complainant i.e. Rs.679/- with interest @ 18% P.A and the opposite parties may also be burdened with compensation to the tune of Rs.50,000/- on account of mental and physical harassment, exploitation and for misbehaving along with Rs.10,000/- as litigation expenses to the complainant, in the interest of justice.
3. Opposite party No. 3 did not appear despite the service of notice and was proceeded against exparte vide order date 02.12.2022. Similarly, opposite party No. 2 vide order dated 22.03.2023 and opposite party No. 1 vide order dated 06.10.2023.
4. Learned counsel for the complainant has tendered into evidence affidavit of Ms. Seerat, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 and Ex.C-2.
5. Written arguments not filed by the complainant.
6. Ld counsel for the complainant has argued that the complainant had booked one bus ticket from Gurdaspur (Punjab) to Delhi of Travel Point World LLP A/C Seater / Sleeper (2+2) i.e. OP No. 1, through Redbus online application being run by OP’s No. 2 and 3 on 02.05.2022 and same was booked by the concerned online application under ticket No.TR5Y81225032 copy of which Ex C1 and seat No.7 was allotted to the complainant. The complainant had paid Rs.679/- online for the same and boarding point was Jahaz Chowk, Gurdaspur and journey date and time was 02.05.2022 at 08:00 P.M. It is argued when the complainant reached at the said boarding place well before the boarding time on 02.05.2022, but no bus came to said boarding place on relevant date and time and when the complainant called the concerned agent she was told to come to Amritsar to get the Bus. Complainant had also lodged compliant Ex C2 but no actoin has been taken so for. And in this manner the complainant suffered great harressment which amounts to deficency in service and business malpractice.
7. We have heard the Ld. counsel for the complainant and has gone through the record.
8. To prove her case the complainant has placed on record Ticket Ex C1 by way of which she booked ticket from Gurdaspur (Punjab) to Delhi of Travel Point World LLP A/C Seater / Sleeper (2+2) i.e. OP No. 1, through Redbus online application being run by OP’s No. 2 and 3 on 02.05.2022 and same was booked through online application under ticket No.TR5Y81225032 and seat No.7 was allotted to the complainant. As per Ex C1 the complainant paid Rs.679/- online for the same and boarding point mentioned is Jahaz Chowk, Gurdaspur and journey date and time was 02.05.2022 at 08:00 P.M. respectively and as such we are of the view that the complainant is consumer of OP’s. The evidence adduced by the complainant has remained un rebutted and since the complainant is lady and she can not be compelled to board the bus from Amritsar instead of boarding point Jahaz Chowk Grasper mentioned in the Ticket, which is self amounts to deficiency in service and business mal practice.
9. Accordingly present compliant is partly allowed and opposite parties are directed to refund the amount of Rs.679.8/- to complainant alongwith interest @ 9% P.A. w.e.f 02.05.2022 till realization of the amount. Opposite parties are further directed to pay Rs.10,000/- to the complainant for mental tension, harassment, inconvenience and cost of litigation. Entire exercise shall be completed within 30 days from the receipt of copy of this order.
10. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
11. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Oct. 31, 2023 Member.
*YP*
