COMPLAINT FILED: 25-05-2009<br /> DISPOSED ON : 30-07-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 30TH JULY 2009<br /> <br /> PRESENT :- SRI. A.M.BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1177/2009<br /> <br /> <br /> COMPLAINANT Sri.Prasanna Kumar,<br /> S/o.Hanumantharayappa,<br /> Aged about 26years,<br /> R/at Kestur Village,<br /> Kora Hobli, Tumkur Taluk,<br /> Tumkur District.<br /> <br /> Advocate – Sri.K.B.Chandrashekar<br /> <br /> V/s.<br /> <br /> OPPOSITE PARTY NO.1<br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTY NO.2 Sri.Venkateshwara Travels<br /> #32, Sheshadri Road,<br /> Hotel Suprabatha Building,<br /> Near Ananda Rao circle,<br /> Bangalore – 560 009.<br /> Represented by its: Proprietor.<br /> <br /> Sapthagiri Travels,<br /> No.13,R.B.D.G.T.C. Building,<br /> Near City Railway Station,<br /> Bangalore – 560 023.<br /> Represented by its Proprietor.<br /> <br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.15,000/- and for such other relief’s on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> 2. Complainant and his family members availed service of the OP with regard to one day package trip to Tirupathi. OP collected in all Rs.8,000/- towards 10 seats. Complainant and his family members undertook the journey on 08-08-2009 in the bus belonging to OP bearing No.KA-01-7182. Thereafter OP failed to keep its promise with regard to the accommodation, food etc. On other hand at their whim and fancy collected Rs.50/- extra towards Laddu, luggage charges and also misbehaved. The repeated request and demands made by the complainant and his family members to provide the facilities as promised went in futile. On other hand OP left them at their fate and vanished. Complainant without finding any other way hired taxi and reached Bangalore by incurring extra expenses of Rs.3,000/-. Complainant approached OP to compensate him, but it went in vain. Hence, he felt deficiency in service on the part of the OP. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 3. On admission and registration of the complaint, notices were sent to the OP. Though OP are duly served with the notice, remained absent without any sufficient reason or cause. The absence of the OP does not appears to be as bonafide and reasonable. Hence, they are placed Ex-parte.<br /> <br /> 4. In order to substantiate the complaint averments, the complainants filed the affidavit evidence and produced the documents. OP did not participate in the proceedings. Then the arguments were heard.<br /> <br /> 5. It is the case of the complainant that he being lured away with the advertisement and propaganda issued by the OP thought of joining one day package trip to Tirupathi along with the family members. He booked in all 10 seats so as to undertake the journey on 08-08-2008. OP collected Rs.8,000/- which includes accommodation, food, Laddu, transportation etc. <br /> <br /> 6. It is further contended by the complainant that they reached Tirupathi on 09-08-2008. There was a poor response from OP with regard to Special Darshnam. On the other hand they were made to stand in Dharma Darshnam queue not only that OP collected extra amount towards Laddu, luggage charges etc. The repeated request and demands made by the complainant to the OP abide their promise and provide facilities as published in the Boucher went in vain. The Ticket, Boucher and other connected documents are produced. It is further alleged by the complainant that OP agent left them to their fate in the middle at Tirupathi and went away. So, the complainant was forced to hire the taxi to reach Bangalore by spending Rs.3,000/-.<br /> <br /> 7. The evidence of the complainant appears to be natural, cogent and consistent. There is nothing to discard his sworn testimony. It is a quality of evidence that is more important than that of the quantity. The non appearance of the OP even after due service of the notice leads us to draw an inference that OP admits all the allegations made by the complainant. Though OP collected all the necessary charges towards one day package trip to Tirupathi but failed to extend the service as contemplated. Under such circumstance complainant and his family members must have naturally suffered both mental agony and financial loss. We are satisfied that the complainant is able to prove deficiency in service against the OP.<br /> <br /> 8. Of course complainant claimed for refund of Rs.8,000/-. As already observed complainant and his family members went to Tirupathi had Darshnam, so the purpose for which they became the members of package trip was fulfilled. Under such circumstances we do not find justification in seeking refund of the Ticket cost. Of course with regard to mental agony complainant deserves some compensation. Mental agony cannot be calculated in terms of money. Having considered the facts and circumstances of the case in our view, justice will be met by directing the OP to pay a token compensation of Rs.5,000/-. With these reasons we proceed to pass the following : -<br /> <br /> O R D E R<br /> Complaint is allowed in part. <br /> <br /> OPs are jointly and severally directed to pay a compensation of Rs.5,000/- to the complainant. In view of the nature of dispute no order as to costs.<br /> <br /> This order is to be complied within 30 days from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 29TH day of July 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS*<br /> <br />