Chandigarh

StateCommission

A/36/2021

Ankur Suri - Complainant(s)

Versus

ANI Technologies Pvt. Ltd. - Opp.Party(s)

In Person

18 Jan 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	36 of 2021
Date of Institution	13.04.2021
Date of Decision	18.01.2022

 

 

Ankur Suri, 2709-B, Sector 70, Mohali-160071.

     …..Appellant/Complainant

Versus

ANI Technologies Private Limited (Ola Cabs), Regent Insignia, #414, 3^rdFloor, 4^thBlock, 17^thMain, 100 Feet Road, Koramangala, Bengaluru – 560034.

Branch Office in Chandigarh:

ANI Technologies Private Limited (Ola Cabs), Plot No.66, 4^thFloor, Industrial Area, Phase-II, Chandigarh.

                                        …..Respondent/Opposite Party

BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                 MRS. PADMA PANDEY, MEMBER

                 MR. RAJESH K. ARYA, MEMBER

 

Argued by:  Sh. Ankur Suri, Appellant in person.

                  Respondent already ex-parte vide order dated 03.08.2021.

                           

PER PADMA PANDEY, MEMBER

              This appeal is directed against an order dated 10.2.2021, rendered by District Consumer Disputes Redressal Forum-I, UT, Chandigarh, now District Consumer Disputes Redressal Commission-I (hereinafter to be called as the District Commission only), vide which, it dismissed the complaint, with no order as to cost, filed by the complainant (now appellant).

2. In brief, the facts of the case are that the complainant booked an outstation cab from Majnu Ka Tilla, Delhi to ISKCON Vrindavan on 13.10.2019. It was stated that the upfront fare shown in the app at the time of booking the trip was INR 1399 plus taxes for a ride not exceeding 4 hours and 170 kms. (Screenshot at Ex.A-1). It was further stated that the Opposite Party had offered a discount of INR 250 on the aforesaid fare in the form of a coupon. It was further stated that GST applicable on cab bookings at the time of booking was 5 percent and the toll tax amounting to INR 275 was paid by complainant in cash at the Toll Barrier. It was further stated that the ride got over in 2 hours 54 minutes and 163 kms. which was within the stipulated time and distance estimated for the ride and therefore, net fare payable was INR 1399 minus INR 250 plus GST @ 5 percent on INR 1149 amounting to a total of INR 1206.45. It was further stated that upon completion of trip, the driver forcibly charged INR 1660 from the complainant.It was further stated that when the driver was pointed out the discrepancy in the fare shown and fare charged, the driver created a ruckus in front of the temple and started shouting loudly to have the full payment and in order to save his family and himself from humiliation the complainant was compelled to pay overcharges against his will. It was further stated that at the beginning of the trip, complainant had asked the Driver to reset the trip odometer to zero and at the completion of trip the odometer reading was 163 Kms. (Ex.A-2). It was further stated that the complainant was provided an invoice which did not have the same charges as were shown to him at the time of booking and the trip distance was also reported as 175 Kms. instead of the actual distance of 163 Kms (Exhibit A-3.). It was further stated that upon showing the odometer photo, Opposite Party offered to issue a voucher of INR 57 as an adjustment towards the wrong reading reported by the Driver. It was further stated that after several requests no cash refund was provided. It was further stated that the aforesaid act of the Opposite Parties, amounted to deficiency in service and unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint was filed.
3. Notice of the complaint was sent to the Opposite Party seeking its version of the case, but none appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte.
4. The complainant led evidence, in support of his case.
5. After hearing the complainant in person,and, on going through the evidence, and record of the case, the District Commission, dismissed the complaint, as stated above. 
6. Feeling aggrieved, the instant appeal, has been filed by the appellant/complainant, against the order dated 10.02.2021.
7. We have heard the appellant in person, and have gone through the evidence, and record of the case, carefully.
8. After giving our thoughtful consideration and the evidence, on record, we are of the considered opinion, that the appeal is liable to be dismissed for the reasons to be recorded hereinafter.
9. On going through the documents, this Commission finds that the District Commission has rightly dismissed the complaint. The respondent/Opposite Party had given an estimation of fare to the tune of Rs.1503/- with no mention of date on it for the trip between Majnu Ka Tilla, Delhi to ISKCON Vrindavan. However, the appellant vide its bill dated 13.10.2019 had paid Rs.1656/-. The main grouse of the appellant is that he had paid more than the estimated fare. The District Commission had rightly held that the appellant has failed to prove that there is deficiency in service on the part of the respondent/Opposite Party and that the Opposite Party adopted any unfair trade practice. Moreover, Rs.1503/- was only an estimated amount and the actual amount would vary from the estimated amount. Therefore, this Commission is inclined to fall in line with the decision of the District Commission and accordingly, the appeal is dismissed.
10. No other point, was urged, by the appellant in person.
11. For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, with no order as to costs. The order of the District Commission is upheld.
12. Certified copies of this order, be sent to the parties, free of charge.
13. The file be consigned to Record Room, after completion.

 

Pronounced.

18.01.2022

                    

 

                                                              Sd/-

                         [JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

                                                                    Sd/-    

[PADMA PANDEY]

MEMBER

 

                                                                Sd/-

                                                                [RAJESH K. ARYA]

 MEMBER

Gp