Mr.Francis filed a consumer case on 12 Mar 2020 against Universal Travels in the North Chennai Consumer Court. The case no is CC/114/2016 and the judgment uploaded on 09 Jun 2020.
Complaint presented on : 08.07.2016
Order pronounced on: 12.03.2020
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd 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 12th 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 10th February 2016 and her final rites were scheduled to take place on 11th 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 10th 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 11th 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 10th 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 11th 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 (11th 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 1st 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 12th 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
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