BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

     SMT. K. SIREESHA, B.L., LADY MEMBER

                                                                           SRI M.V.R. SHARMA, MEMBER                                     

Tuesday, 19^th April 2016

CONSUMER COMPLAINT No.  96/ 2015

Meruva Prakash, S/o M. Prabhakar, aged 29 years,

D.No. 4/3/933, Marthamma Nagar, Badvel – 516227,

YSR District (AP) Working as ‘L’ Naik (Launch Naik),

(Non-technical), Ambala, Rajasthan.                                    ….. Complainant.  

Vs.   

1.  APSRTC, Rep. by it’s the Managing Director,

     Musheerabad, Hyderabad.

2.  APSRTC, Rep. by it’s the Depot the Manager,

     Kadapa Depot, Kadapa town, YSR District.                       …..Respondents.

This complaint coming for final hearing on 13-4-2016 in the presence of Sri G. Trivikram Singh, Advocate for complainant and Sri V. Srinivas, Advocate for respondents and  upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per V.C. Gunnaiah, President),

1.             The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the respondents to pay Rs. 13,797/- towards refund of bus ticket fare of Rs. 434/-, flight ticket fare from Hyderabad to Delhi Rs. 2,653/- (which was missed by the complainant), difference amount in flight charges Rs. 2,044/- (Chennai to Delhi – Hyderabad to Delhi Rs. 4,697/- - Rs. 2,656/- = Rs. 2,044/-), Taxi hire charges from Badvel to Chennai Rs. 8,000/- and loss of one day salary Rs. 1,166/-, to pay Rs. 50,000/- towards compensation for mental agony and physical strain and Rs. 5,000/- towards costs of the complaint.   

2.             The averments of the complaint in brevity are as follows.  The complainant who is permanent resident of Badvel town, YSR district is working in Indian Military as Launch Naik at Amala, Rajasthan and is drawing monthly salary of Rs. 35,000/-.  He availed leave from his office from 4-6-2015 to                 18-7-2015 and he has to report his office on 20-7-2015 as 19-7-2015 being Sunday.  As he is working in Military Service it is difficult to get additional leaves than granted.  The complainant planed to go back his working palace and booked a bus ticket from respondents to travel from Mydukur to Hyderabad to catch a flight from Hyderabad to Delhi.  R1 got issued e-ticket by collecting                Rs. 434/- as fare and date of journey is 19-7-2015 in Super Luxury service bus and its starting time is 11.15 hours and reaching time at 6.30 p.m on                      19-7-2015.  The said bus belonged to R2 depot.  The bus has to reach Mydukur bus stand by 11.45 a.m.  The complainant booked a flight ticket from Indigo company to go to Delhi from Hyderabad by paying Rs. 2,653/- which is scheduled at 9.00 p.m on 19-7-2015 from Hyderabad to Delhi. 

3.             After finishing his vacation on 19-7-2015 the complainant reached Mydukur Bus stand at 10.00 a.m and waited for bus to go to Hyderabad.  But the bus did not reached till 1.00 p.m.  The complainant gettensed as he has to catch a flight at Hyderabad on the same day at 9.00 p.m as per his schedule, but bus did not turned up.  He contacted the depot manager at Mydukur and enquired about the bus service No. 9264, who told that the said service was cancelled and allotted to Pushkaralu to costal area at about 1.30 p.m.  He came to understand that it is impossible to reach Hyderabad to catch flight.  He contacted his higher officers and with great difficult he could get extension of leave for one day.  So he booked other flight spice jet from Chennai to Delhi which is scheduled at 7.05 p.m on 20-7-2015 by paying Rs. 4,697/- on the same night he booked taxi from Bismilla Travels from Badvel to Chennai and finally reached his destination and joined duty and extended his leave for one day, due to which he lost one day leave.   The respondents did not inform him about cancellation of bus service and not provided alternative service to reach his destination.   The respondents caused mental and physical tension apart from financial loss to him.  The services of respondents are deficient in nature and they are liable to pay compensation as claimed. In spite of issuing notice to the respondents they did not comply the demands and R2 send reply with false allegations.  Hence,  the complaint for the above reliefs. 

4.             Respondent No. 1 filed counter and the same was adopted by respondent No. 2 by filing memo.  

5.             Respondent No. 1 admitted the complainant has reserved a seat in 10.30 hours Super Luxury No. 9264 of Kadapa depot to travel from Mydukur to Hyderabad on 19-7-2015 through online ATB Agent, Mydukur, but denied other allegations regarding deficiency in service liable to pay compensation etc.,  It is further averred the schedule departure bus time was 10.30 hours at Kadapa and 11.15 hours at Muydukur on 19-7-2015 only one ticket was booked for that service.  The said service bus was cancelled due to insufficient passengers to Hyderabad and on the other hand much traffic demand of devotees towards Godavari Pushkaram areas.  The complainant did not make any written complaint to Mydukur bus station or he did not enquired about the next service bearing No. 6039 which had departure at 11.30 hours and it was convenient to reach destination by flight.  But the complainant failed to do so.   The crew of next service bearing No.6039 tried to  pick up the complainant at Mydukur bus station.  The crew enquired about passengers for boarding at Mydukur by announcement openly.  But the complainant has not responded then the service left the bus station.  There was lot of time to go to Chennai in authorized and recognized travel agencies instead of paying Rs. 8,000/- by hire car by the complainant.  There are no bonafides in the complaint.  There is no deficiency in service on the part of the respondents.  Therefore, the complaint is liable to be dismissed with costs. 

6.             On the basis of the above pleadings the following points are settled for determination. 

1. Whether there is deficiency of service on the part of the respondents as pleaded by the complainant?
2. Whether the complainant is entitled for the reliefs claimed against the respondents as prayed?
3. To what relief?

7.             No oral evidence has been let in by the parties.  But  on behalf of complainant Exs. A1 to A10 documents are marked.  On behalf of the respondents no documents are marked.       

8.             Heard arguments on both sides and carefully perused the material on record.    

9.             Point Nos. 1 & 2.   Learned counsel for complainant contended that due to cancellation of bus service booked by the complainant he fellt lot of inconvenience, suffering mental agony, physical strain apart from monetary loss in purchasing flight tickets and all these happened due to deficiency in service by the respondents.  Therefore, the respondents are liable to pay compensation as claimed by the complainant. 

10.            Per contra learned counsel for respondents contended no deficiency of service on the part of the respondents as the bus was cancelled as no passengers other than the complainant in that bus on that day so the bus was cancelled and it was sent to Puskaralu.  Therefore, the complainant is not entitled for the reliefs.

11.            There is no dispute in this case that the complainant booked a ticket from respondents in Super Luxury bus service 9264 from Mydukur to Hyderabad on 19-7-2015.  This is also proved by the complainant by filing Ex. A1.

12.            The complainant is working in Indian Military at Ambala, Rajasthan State and he was on vacation and he had to report his duty after vacation on 20-7-2015.  According to him, he planned his journey and purchased ticket under Ex. A1 from the respondents bus to travel from Mydukur on 19-7-2015 at 11.45 a.m and reached Hyderabad at 6.30 p.m on the same day and catch the flight from Hyderabad to Delhi in Indigo service.  Ex. A2 is the e-mail copy of flight ticket from Hyderabad to Delhi issued by Indigo Company which shows the complainant purchased the ticket from Hyderabad to Delhi to travel  on                    19-7-2015.  According, to the respondents the bus service No. 9264 in which the complainant booked ticket was cancelled as there were no passengers on that day.  So the bus was cancelled and said bus was sent to Pushkaralu. if such is the case the respondents should have made notification about the cancellation of bus and also made  announcements about the same both at Kadapa and Mydukur bus stations showing the alternative arrangements for the journey of the passengers booked tickets in service No. 9264 bus.  But there is no such notification or announcements made by the respondents both at Kadapa and Mydukur.   Even though the respondents stated that there was another bus service No. 6039 which had it was departure at 11.30 a.m was arranged for the complainant but there was no proof placed by the respondents.  The said fact was also not informed to the complainant to make his journey to Hyderabad to catch the flight at Hyderabad to go to Delhi.  So the contention of respondents  that they have made alternative arrangements and announced at Mydukur bus station could not be believed.  Since the bus service No. 9264 was abruptly cancelled by the respondents the complainant could not continue his journey to Hyderabad and could not travel in flight from Hyderabad to Delhi.   So he made alternative arrangement to go to Delhi on 20-7-2015 at 7.05 a.m as per Ex. A4 flight ticket.  He has engaged taxi service to go to Chennai from Badvel by paying Rs. 8,000/-. The same is proved by filing Ex. A3 cash bill issued by Bismilla Travels.  Ex. A4 shows that the complainant purchased ticket  from Chennai to Delhi in Spice Jet on 19-7-2015.  So all these documents Ex. A1 to A4 clearly goes to show that the complainant booked bus tickets as per Ex. A1 from the respondents bus on 15-7-2015  to travel on 19-7-2015 from Mydukur to Hyderabad and Ex. A2 shows that he waited to go to Delhi from Hyderabad in Indigo flight, but due to cancellation of bus he could not go to Hyderabad and failed to catch the flight there.  So he made alternative arrangements to go to Delhi from Chennai in Spice Jet as per Ex. A4 ticket and reached Chennai in taxi by paying Rs. 8,000/- as per Ex. A3 bill.  As per Ex. A7 notice the complainant demanded the respondents to make good his loss but the respondents denied their liability.  As already noted the complainant is working in Military service as Launch Naik at Ambala, Rajasthan State.   He was on vacation, after vacation he had to join duty on 20-7-2015.  But due to abruptly cancellation of bus by respondents in which the complainant booked ticket his entire plan of journey was shattered. It is the bound duty of the respondents to make alternative arrangements for the passengers of the bus who booked tickets, if the service is cancelled by them.   There should be a notification for cancellation of bus announcement both at the starting point and boarding point of the passengers regarding cancellation of bus.   But no such steps have been taken by the respondents in this case and cancelled the bus causing much inconvenience; upset of schedule of journey of complainant there by caused a lot of tension, mental agony apart from monetary loss to him.  The attitude of the respondents in abruptly cancelling the bus and not informing the complainant about cancellation of bus and not making alternative arrangements for him, certainly amounts to deficiency in service towards complainant.  As such we hold there is deficiency in service on the part of the respondents and complainant is entitled for refund of the amounts claimed and some compensation and costs of the complaint.   Accordingly, points 1 & 2 are answered in favour of the complainant. 

13.            Point No. 3. In the result the complaint is allowed, directing the respondents 1 & 2 to pay Rs. 13,797/- (Rupees Thirteen Thousand Seven Hundred and Ninety Seven only) towards bus fare, flight fare from Hyderabad to Delhi difference amount in flight charges, taxi charges and loss of one day salary as claimed and shall also pay Rs. 10,000/- (Rupees ten thousand only) as compensation for mental agony and Rs. 3,000/- towards costs of the complaint.  The respondents shall pay the above amounts within 45 days from the date of receipt of this order, failing which the above amounts shall carry interest at 12% p.a till realization. 

          Dictated to the Stenographer, typed my dictation by Stenographer, corrected and pronounced by us in the open forum, this the 19^th April 2016

MEMBER                                        MEMBER                                PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant:         NIL                                   For Respondents :     NIL

Exhibits marked for Complainant  : -  

Ex.A1                E-Ticket/Reservation Voucher issued by the respondents,

Dt. 15-7-2015.   

Ex.A2        E-mail copy of Flight 6E 564 ticket from Hyderabad to Delhi issued by Indigo, Dt. 7-7-2015.

Ex.A3        Cash bill dt.19-7-2015 for Rs.8,000/- issued by Bismilla Travels, Porumamilla, Kadapa District.

Ex.A4        E-mail copy of Glight SG 102 ticket from Chennai to Delhi issued by Spice Jet, Dt. 19-7-2015.

Ex.A5        Legal notice Dt. 6-11-2015 issued by the Complainant to the 1^st respondent and Depot Manager, Mydukur along with two postal receipts and ack. cards.

Ex.A6        Reply notice Dt. 17-11-2015 along with potal cover issued by the Depot Manager, Mydukur.

Ex.A7        Legal notice dt. 21-11-2015 issued by the complainant to the 2^nd respondent along with postal receipt and acknowledgement card.      

Ex.A8                Reply notice dt. 3-12-2015 issued by the 2^nd respondent.

Ex.A9        Leave certificate pertaining to the complainant issued by Military Officials.

Ex.A10       Serving certificate pertaining to the complainant.

Exhibits marked on behalf of the Respondents: -           NIL  

MEMBER                                           MEMBER                            PRESIDENT

Copy to :-

1. Sri G. Trivikram Singh, Advocate for complainant  
2. Sri V. Srinivas, Advocate for respondents.

B.V.P