O  R  D  E  R

(By Sri S. Bhaskararao, Member on behalf of the Bench)

1.         The complainant sought refund of Rs. 5,000/- for advance amount, Rs.20,000/- for extra expenses and also sum of Rs. 1,000/- for publication charges.

2.         The allegations in the complaint in brief are that the complainant approached 1^st opposite party for A/c. Bus to his son’s marriage to be performed at Barampuram, Orissa State.  The 1^st opposite party given quotation for Rs.55/- charges per K.M. including gate parking and taxes.  The complainant and opposite party agreed the same and the complainant paid Rs. 5,000/- as advance.  The 1^st opposite party received the amount and signed on written quotation itself. On 15.04.2014 the complainant approached the 1^st opposite party to remind about supply of bus but 1^st opposite party informed to the complainant unable to provide the bus. The complainant asked the 1^st opposite party Rs. 20,000/- charges more than quotation.  The complainant asked to give return of Rs. 5,000/- but opposite party did not respond.  Hence he issued lawyers notice to refund of amount.  Having received the notice they did not comply with the demand nor issued any reply.  Hence the complainant filed the present complaint.

3          Opposite parties called absent and 2^nd opposite party remained exparte.  The complainant has taken cohesive steps for appearance of opposite parties by publishing local daily news paper Jana Spandana dated 31.01.2015. 

4          Now the points for determination are:

1. Whether there is any deficiency of service on the part of the opposite parties?
2. If so, whether the complainant is entitled for the amounts as sought by him?
3. To what relief?

5. Point No.1:           The complainant furnished his chief affidavit and exhibited 3 documents Ex.A1 to Ex.A6 which are receipt showing Rs. 5,000/- as advance, letter addressed by the Deputy Transport Commissioner, notice issued by the complainant to the opposite party, acknowledgment, letter addressed by the Deputy Transport Commissioner and copy of marriage wedding card.

6          The complainant earlier booked a minibus to go to Barampuram to attend his son’s marriage there he paid an amount of Rs. 5000/- as advance to the Vinayaka Travels on 27.03.2014.  The 1^st opposite party has promised to arrange bus for marriage function to be held at Barampuram.  On 15.04.2014 the complainant telephoned the Vinayaka Travels to send the mini bus on 07.05.2014 agreed by the 1^st opposite party, that the 1^st opposite party has informed that the so called booked mini bus was not ready for trip you have to arrange your own arrangements.  On suppressing of the 1^st opposite party words though telephone, the complainant rushed to another bus arrangements on paying an additional rent of Rs. 20,000/- with high tension and unexpected happening, at least after he came from Barampuram he visited the 1^st opposite party office several times and ask him for repayment of advance amount he gave evasive replies and he did not pay. The complainant issued registered letter to repay the advance amount along with additional expenditure met in these transaction by boarding another bus and  additional amount spent of Rs. 20,000/- and for his sons marriage.  The complainant visited several times the office of the 1^st opposite party to collect the advance amount he met transport charges worth of Rs. 1000/- from time to time. 

7          Even though the publication was filed the opposite parties did not choose to appear before this Forum.  The 1^st opposite party failed to do to contract the obligation with the complainant and committed deficiency of service  for non supply of bus.

8          The complainant forcibly made alternative arrangements to go to Baramapuram to perform his son’s marriage by booking an another bus at higher rate and spend Rs. 20,000/- in this connection.

9          In the result, the opposite parties are directed to pay Rs. 26,000/- [Rupees twenty six thousand only] to the complainant within one month from the date of this order, failing which the said amount shall carry interest @ 9% from the date of this order till realization. Further directed to pay Rs. 500/- [rupees five hundred only] towards costs of this complaint.

            Dictation by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 27^h day of March, 2015

Sd/-XXXX                                                                                                                                        Sd/-XXXXXXXXXX

MEMBER                                                                                                                                               PRESIDENT

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For complainant : 

Sri Devara Venkata Ramana [complainant]

For opposite parties :  NIL

                                                                                  DOCUMENTS MARKED

For complainant:-

Ex.A1                          Receipt showing Rs. 5,000/- as advance

Ex.A2                          Letter addressed by the Deputy Transport Commissioner

Ex.A3                          Notice issued by the complainant to the opposite party

Ex.A4                          Acknowledgment

Ex.A5                          Letter addressed by the Deputy Transport Commissioner

Ex.A6                          Copy of marriage wedding card

For opposite parties:         NIL

Sd/-xxxxxx                                                                                                    Sd/-xxxxxxxxx

MEMBER                                                                                                         PRESIDENT