BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 28/07/2012

Date of Order : 30/11/2012

Present :-

Shri. A. Rajesh, President.

Smt. C.K. Lekhamma, Member.

C.C. No. 461/2012

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :-

The 1^st complainant is a Gynaecologist doctor by profession. The 2^nd complainant is the mother-in-law of the 1^st complainant. The 1^st complainant's husband is employed in Bangalore as Senior Legal Manager in Dena Bank. The opposite party is a tour and travel operating agency. On 04-04-2012, the 1^st complainant booked 2 tickets with the opposite party to travel from Ernakulam to Bangalore on 09-04-2012. The complainants paid Rs. 2,000/- towards the costs of the tickets and the opposite party issued a receipt mentioning the name of the bus, reporting time, departure time and boarding point. On 09-04-2012, the date of journey the complainants reached the boarding station in time at Edappally toll. Though at about 9.40 P.M., the bus arrived at the boarding point the driver did not stop the bus there. Expecting that the bus would stop at a short distance ahead, the complainants ran behind the bus. At that juncture, the 2^nd complainant fell down on the road and sustained injuries. However, the complainants managed to board the bus at Aluva. The employers of the bus pretended ignorance of a boarding point at Edappally toll. By the time, the 2^nd complainant had developed acute pain on her leg due to the fall and was not in a position to travel all the way to Bangalore. The 2^nd complainant was forced to abandon her journey. The request of the 1^st complainant to cancell the ticket of the 2^nd complainant was turned down by the employee of the opposite party. So, the complainant had to take her 5 year old daughter along with her to Bangalaore instead of the 2^nd complainant. On reaching Bangalore, it was found that due to the fall the “BP Apparatus” and some breakable items were damaged. The complainants caused to issue a lawyer notice to the opposite party demanding to pay a compensation of Rs. 15,000/-. The opposite party accepted the notice on 30-04-2012, but there was no response. Thus, the complainants are before us seeking direction against the opposite party to refund the price of the ticket of the 2^nd complainant and to pay a compensation of Rs. 15,000/- and Rs. 5,000/- towards costs of the damaged apparatus and the costs of the proceedings.

2. Despite service of notice of this complaint, the opposite party opted not to contest the matter for reasons of their own. No oral evidence was adduced by the complainants and Exts. A1 to A4 were marked on their side. Heard the counsel for the complainants.

3. The points that arose for consideration are as follows :-

1. Whether the 2^nd complainant is entitled to get refund of the price of the ticket?

2. Whether the complainants are entitled to get Rs. 5,000/- towards the cost of damaged BP Apparatus and towards medical expenses incurred by the 2^nd complainant?

3. Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainants?

4. Point Nos. i. to iii. :- Ext. A1 tour contract receipt dated 04-04-2012 goes to show that the 1^st complainant booked 2 tickets with the oppposite party to travel on 09-04-2012 from Ernaklulam to Bangalore at a total cost of Rs. 2,000/-. It is stated in Ext. A1 that the complainants' boarding point was at Toll Edappally and the reporting time was 9 p.m. and departure time was 9.15 p.m. According to the complainants, the employees of the opposite party did not stop the vehicle at Edappally Toll, however, they thought that the vheicle would be stopped there and while raising hue and cry to stop the vehicle, the 2^nd complainant fell down on the road with the luggages and sustained injuries. It is also stated that though the complainants managed to catch the bus at Aluva due to the injuries, the 2^nd complainant could not continue with the journey.

5. It is pertinent to note that nothing is on record to controvert the contentions of the complainants. Ext. A4 OPD ticket dated 10-04-2012 would show that the 2^nd complainant had to undergo treatment at ESIC Hospital, Udyogamandal, Ernakulam for the injuries sustained by her due to the deficiency in service on the part of the opposite party. The complainants caused Ext. A2 lawyer notice to the opposite party highlighting their grievances, the opposite party received the same on 06-09-2012 evidenced by Ext. A3 acknowledgment card. The opposite party did not respond to the same. Moreover, the absence of the opposite party in this Forum speaks volumes. The mental agony of the expectant traveller and the resultant futile journey has not been explained or cared for by the opposite party in the most thoughtless manner which calls for compensation and costs of the proceedings. We fix it at Rs. 10,000/- and Rs. 2,000/- respectively. The 2^nd complainant is also entitled to get refund of the ticket fare from the opposite party. Since nothing is in evidence to prove the damage of the gadget, we refrain from granting the costs of the same.

6. In the result, we partly allow the complaint and direct as follows :-

1. The opposite party shall refund Rs. 1,000/- to the 2^nd complainant being the cost of the ticket with interest @ 12% from 04-04-2012 till payment.

2. The opposite party shall pay Rs. 10,000/- towards compensation to the complainants for the reasons stated above.

3. The opposite party shall also pay Rs. 2,000/- to the complainant towards costs of the proceedings.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 30^th day of November 2012.

Sd/- A. Rajesh, President.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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