Tamil Nadu

North Chennai

CC/114/2016

Mr.Francis - Complainant(s)

Versus

Universal Travels - Opp.Party(s)

Dhanalingam

12 Mar 2020

ORDER

 

                                                            Complaint presented on : 08.07.2016

                                                               Order pronounced on:  12.03.2020

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

THURSDAY  THE 12^th   DAY OF MARCH  2020

 

C.C.NO.114/2016

 

 

Mr.Francis,

S/o.E.D.Jacob,

Door No.A6, Plot No.9,

Breeze Apartments, APN Nagar,

Selaiyur, Chennai – 600 073.

 

 

                                                                                     …..Complainant

 ..Vs..

The Proprietor,

M/s.Universal Travels,

No.70, Shiriji Majestic Centre,

Koyambedu, Chennai – 600 107.

.....Opposite Party

Counsel for Complainant                          : Mr.S.Dharani Rajan

 

Counsel for  opposite party                         : M/s.R.Muniyapparaj, D.Senthil

                                                                       Kumar, D.Haripriya, K.S.Thiyagarajan

 

 

 

 

 

ORDER

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

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

1.THE COMPLAINT IN BRIEF:

          The complainant’s mother-in-law died on 10^th February 2016 and her final rites were scheduled to take place on 11^th February 2016 at Thrissur. The complainant along with three other family members wanted to attend the funeral at Thrissur. So he enquired with several travel agency for seats. The opposite party M/s. Universal Travels informed the complainant that tickets are available to Thrissur for 4 members on 10^th February 2016. The bus of the opposite party was scheduled  to depart at 8.50 p.m from perungalathur. The ticket fare is Rs.815/-  for each member and for 4 members he paid Rs.3,260/- towards the cost of the ticket from Chennai to Thrissur. He was informed by the opposite party that the bus was scheduled to reach Thrissur by 5.50 a.m on 11^th February 2016. The ticket was booked through e-booking process and the PNR No.ISTGG13DIZA06. Though the bus was scheduled to depart at 8.50 p.m the bus departed only at 9.20 P.M. on 10^th February 2016. After its departure from Perungalathur the crew stopped the bus at several unscheduled stops to get more and more passengers. By the time the bus reached Coimbatore it was 5.15 A.M. on 11^th February. After reaching Coimbatore the opposite party held up the bus for over 45 minutes and asked all the passengers to get down. The complainant was forced by the crew to board another bus to continue their journey to Thrissur. Having no other option the complainant and his family members boarded the new bus. The bus reached Mannuthu bye pass at 8.30 A.M and the crew asked the passengers bound for Thrissur to get down at the Bye pass as their bus would not go to Thrissur Bus Terminus. Left by the crew at the Bye Pass Road the complainant had to catch a Taxi from Mannuthu Bye-pass to Thrissur. By the time they reached Thrissur they almost missed the funeral. The entire travelling exercise left the complainant and his family members in severe anxiety, mental tension, stress and strain.  The opposite party  having agreed to transport the complainant from Chennai to Thrissur and promised to reach Thrissur at 5.50 A.M. failed to fulfill their promise. The complainant had spent taxi charges from Mannuthu to his residence at Thrissur on the date of travel (11^th February 2016). Rs.1,200/-. The complainant issued a notice to the opposite party for deficiency in service and the opposite party did not answer to the notice. Hence this complaint.  

2.WRITTEN VERSION FILED BY THE  OPPOSITE PARTY IN BRIEF:

          The bus  departed as per the schedule mentioned in the bus tickets i.e 8.50 p.m. As usual in routine  the bus waited for all passengers to get  into the bus. If suppose the bus did not wait  many passengers would have been affected and irritable loss would have been caused to many to passengers. The complainant  is not  aware about the stop because he is coming for the 1^st time. The bus got brake down due to the clutch problem and the driver also has informed about this to the passengers. Immediately  the opposite party arranged for a new bus to continue their journey to Thrisur. It was an act of God, in the motor field. Every bus  do not go to the Thrisur by morning 8.30A.M because of the traffic restriction by the State Government of Kerala. All the bus  stops at Mannuth Bye-pass only.  That was also informed to all the passengers before booking. The complainant has not booked  the tickets through the opposite party’s website and hence he is not aware of the stopping. The bus reaching the correct destination depends only upon the traffic and unexpected diversion. After getting down from the bus each and every  passenger has to decide their further travel to reach the destination place. Hence the complainant cannot claim only because of the delay he went by  taxi or any other mode of transportation. More over the entire cause of action arose only after he reached the Mannuthu Bye-pass. Hence the territorial Jurisdiction is only in Kerala and not before this Hon’ble Forum. Therefore the entire petition is not maintainable before this Forum. Hence this may be dismissed.

3. 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 extent?

4. POINT NO :1 

           Bus ticket Rs.3,260/- is noticed in Ex.A1 but the bill reflects as the cash bill from G.D.Stationary centre.Ex.A2 is the chart for the fare  and seat availability. Ex.A3 is the tourist taxi receipt for an amount of Rs.1,200/-.The content filled up in the receipt is not in English but in other Language. Ex.A4 is  the notice issued by the complainant through his Advocate. Ex.B1 filed by the opposite party is the copy of the list showing on line ticket booking status on 10.02.2016.

05. Complainant’s allegation of enquiry to the opposite party regarding the seat availability and other particulars is denied by the opposite party. The complainant had not substantiated to prove their allegation. There is no explanation  by the complainant regarding the ticket booking particulars.  Ex.A1 is the receipt issued by a stationary store by name G.D.Stationary centre and also there is no explanation by the  complainant  regarding the connectivity between the stationary store and the ticket booking.  The complainant has not revealed anything about it. Ex.A2 is the copy of the search result through internet and the status reveals  Chennai to Thrissur bus will have the dropping points at Mannuthi Bye pass only. In Ex.A4 notice, the fare is stated as Rs.2,960/- whereas in the complaint it is stated as Rs.3,260/-. Ex.B1 reveals the booking status of the bus on 10.02.2016 through online. It is confirmed through Ex.B1 that the complainant had no contact with  opposite party  prior to their booking. The opposite party would contend that the G.D stationary by whom the alleged receipt is supplied has no connection with the opposite party even as an agent. There is no proof filed by the complainant either to show that  G.D. stationary is  the agent of opposite party or their direct contact with opposite party. Hence the allegations against the opposite party that they have not disclosed by them all the particulars or not acted as disclosed by them are not proved by the complainant. The ticket was booked at Chennai and the bus started from Chennai to Thrissur.  Hence the territorial jurisdiction for the complaint is at Chennai and  not Kerala as alleged by opposite party.

06. The opposite party would also contend that they have informed their passengers before booking itself regarding the stoppage of the bus at Maanuthi Bye-pass. Had the booking been done through the opposite party’s website, the complainant would have known the facts. It is also confirmed that  the complainant had booked the tickets through third party. While the matter being so, allegations against opposite party does not arise. Shifting of passengers  to another bus is not denied by  the opposite party,  but the reason stated  was due to  break down of the bus at Coimbatore.  Hence in order to avoid the difficulties  immediately the connective bus was arranged by opposite party is a fact which is to be accepted by this forum as reasonable. When it is made known in the status chart in Ex.A2 filed by the complainant itself as the dropping point as Mannuthi bye-pass. The  Complainant has no reason  to allege any deficiency in service against  the opposite party.  The complainant has to reach Thrissur on his own account only and he is not entitled to claim the fare for the trip to Thrissur. Annexed documents by the complainant do not prove the case of the complainant and he failed to prove the alleged deficiency in service by opposite party. Therefore this forum concludes that there is no negligence or deficiency in service on the part of opposite party.

07. POINT NO.2:

 In view of the discussions held in point No;1  the complaint deserves to be dismissed and the complainant is not entitled to any relief.

In the result, this complaint is dismissed. No costs.    

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 12^th   day of March 2020.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 10.02.2016                    Cash Bill

Ex.A2 dated 10.02.2016                   Print out showing dropping point

Ex.A3 dated 11.02.2016                   Taxi Fare Receipt

Ex.A4 dated 07.03.2016          Proof for consulting expenses of Mr.Soundar-Advocate

LIST OF DOCUMENTS FILED BY THE    OPPOSITE PARTY:

 

Ex.B1 dated 10.02.2016          Boarding Chart

 

 

 

MEMBER – I                                                               PRESIDENT