THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.6/2018
Dated this the 21st day of August, 2018
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Rose Jose, President:
This petition is filed by the petitioner under Section 12 of Consumer Protection Act, 1986 for getting an order directing the opposite party to pay him an amount of Rs.36,525/- as compensation for financial loss, mental agony and other hardships suffered by the petitioner due to the deficiency in service committed by the opposite party in not providing the bus service from Kozhikode to Nedumbassery wherein the petitioner had booked seat for his son for the journey to Nedumbassery.
Petitioner’s case in brief is that, his son Vinay Viswanath has to travel from Nedumbassery to China in Flight -1 Kochi-Wuhan, Air Asia flight at 8.15 am on 07/09/2014. His son had to report at Airport two hours early7 to comply with the Airport procedures. So he went to the office of the opposite party who is conducting luxury bus service and as suggested by the opposite party he had booked a seat at the Volvo semi sleeper bus from Ramanattukara to Nedumbassery on 06/09/2017 as ticket No. EKZH69472 after paying the reservation charge amounting to Rs.525/- as ticket charge. The departure time of bus from Kozhikode specified in the ticket was 11.05pm and the complainant was advised to reach in front of the bus stand Ramanattukara by 10.45pm. It is stated by the petitioner that, while so at 9.58 p.m. on 06/09/2017 he received a message in his mobile phone from the office of the opposite party “there is a delay of 45 minutes for the arrival of the bus. The petitioner with his family reached at Ramattukara to see off their son by 10.30pm and waited there for the bus. As time is going on he tried to contact the office of the opposite party to clarify his doubt whether the bus could reach Nedumbassery at 3 pm as assured but nobody attend the calls and no further communication was received from their office also. Since there was no communication from the opposite party, he felt panic and he tried to contact at their customer care No. 09387112233, mobile No. 9387428169 and land line No. 0495-2722250 repeatedly for 23 times, but nobody has attended any of his calls. All these time they were waiting for the bus at the road side at Ramanattukara.
The petitioner further stated that, since last call made at 00.22am was also not attended by the opposite party and the bus has not arrived by that time also, in order to reach the Airport within time, he however arranged a taxi from Ramanattukara to Nedumbassery as it was too late in the night. At last at 1.24am on 07/09/2017 he received a call from the driver of the bus stating that, the bus had reached at Kozhikode but by this time they had covered more than 50 kms from Kozhikode in the taxi. Anyhow they reached at Nedumbassery after spending a sleepless night. Since the bus was not arrived in time he had to follow his son in that taxi, and hence he could attend his business only in the late afternoon on 07/09/20174. The petitioner alleged that the said act of the opposite party is gross negligence and deficiency in service on their part and this resulted a monetary loss of Rs.525/-/ as ticket charge, Rs.6,000/- as taxi charge and Rs.5,000/- as business loss apart from the mental agony and hardships suffered. Thereafter he issued a lawyer notice to the opposite party narrating the difficulties suffered and monetary loss sustained and demanding a total amount of Rs.36,525/- as compensation. Though the opposite party received notice on 19/09/2017 they did not comply with his demands or even cared to send a reply to that notice. Hence this petition seeking reliefs.
After receiving the notice from this Forum opposite party did not appear or filed their version. Hence opposite party set ex-parte.
Petitioner filed affidavit in lieu of his petition and produced documents in support of his averments and these are marked as Ext. A1 to A5 as evidence on the part of the petitioner. Ext. A1 is the verified copy of the boarding pass issued by Kallada wherein the reporting time is showed as 10.50pm. Ext. A2 is the trip sheet of the taxi bearing No.KL11-AK6172 from Ramanattukara to Nedumbassery up and down journey showing taxi fare as Rs.6,000/-. Ext. A3 is the copy of the lawyer notice issued to the opposite party dated 16/09/2017. Ext. A4 is the postal receipt for the same and Ext. A5 is the acknowledgement card.
The opposite party did not appear or filed version challenging the allegations of the petitioner or adduced any evidence rebutting the validity of the documents produced and marked on the side of the petitioner. Hence the case of the petitioner stands unchallenged and proved. So considering the facts of the case and relying on the evidence adduced by the petitioner, we are also of the view that the said acts of the opposite party amounts to deficiency in service on their part. Cancellation of the trip or delay in conducting a service may occur due to many reasons beyond the control of the service providers but they are bound to inform the fact to the travelers immediately and they are bound to clarify the enquiries of the travelers. But here the petitioner stated that he had tried to contact the opposite party at their office phone numbers and personal mobiles more than 23 times and that too in the night time but nobody attend any of his calls and that aggravated his panic. This is nothing but gross negligence on the part of the opposite party. So the petitioner is entitled to get reasonable compensation for his sufferings.
In the result, the following order is passed.
The opposite party is ordered to pay Rs.11,525/- (Rupees eleven thousand five hundred twenty five only) to the petitioner, which includes ticket fare and his business loss and taxi charge along with Rs.5,000/- (Rupees five thousand only) as compensation for the mental stress and strain and other hardships suffered and Rs.1,000/- (Rupees one thousand only) as cost of the proceedings within 30 days from the date of receipt of this order. Failing which the whole amount will carry 9% interest p.a. from the date of default till payment.
Dated this the 21st day of August, 2018
Date of filing: 04/01/2018
SD/-MEMBER SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Copy of the boarding pass
A2. Trip sheet of the taxi bearing No.KL11-AK6172
A3. Copy of lawyer notice
A4. Postal receipt
A5. Acknowledgement card
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
