| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/405/21 Date of Institution:- 08.12.2021 Order Reserved on:- 27.11.2024 Date of Decision:- 16.12.2024 IN THE MATTER OF: Dr. Rajesh Sinha S/o Late Dr. Surendra Prasad Aged about 61 years R/o Flat No.105, Yamuna-1, D-6, Vasant Kunj, New Delhi – 110070.….. Complainant VERSUS Rao Travels India Pvt. Ltd. Head Office: 17 Vasant Enclave, Market, New Delhi – 110057. .…..Opposite Party ORDER Per Dr. Harshali Kaur, Member - Briefly stated the facts of the case are that the Complainant booked the services of the OP for 23.11.19 and 24.11.19 to provide a pick and drop facility for guests at his daughter's wedding by providing a 49 seater bus.
- Assured of the quality and prompt service of the OP, the Complainant paid the consideration amount of Rs.22,000/- towards the same. The OP issued a Contract Carriage Agreement No. 109 for the service to be provided. The Complainant has filed the copy of the bill issued by the OP asAnnexure C-2 and a copy of his bank statement to show that he had transferred the amount for the bus service as Annexure C-3.
- The Complainant has tabulated the tour itinerary as below:
Date | Partculars | 23.11.2019 | Pick up from Karol Bagh at 4.30 PM and drop at Ashoka Road (2 buses) | 23.11.2019 | Pick up from 5, Ashoka Road at 10 PM and drop at Karol Bagh (1 bus) | 24.11.2019 | Pick up from 5, Ashoka Road at 5AM and drop at Karol Bagh (2 rounds) |
- The Complainant alleges that, to his utter shock, the OP did not provide the bus service for the pick-up scheduled for 10:00 p.m. on 23.11.19. The Complainant made several phone calls to no avail. Besides the embarrassment the Complainant faced before his guests who were to be taken in the bus, the Complainant was forced to spend an additional sum of Rs.8000 on private taxis and cabs late in the night at surged rates. For this reason, the Complainant also missed important rituals at his daughter's wedding.
- Aggrieved the Complainant sent the legal notice dated 18.8.2020 (Annexure C-4) to the OP,but the OP did not respond, after which the Complainant filed the present case before this Commission under section 35 of the Consumer Protection Act, 2019. The Complainant has alleged deficiency in service qua the OP and sought directions to the OP to pay damages to him to the tune of Rs.5,30,000/- along with future interest @18% on the aforementioned amount, compounded quarterly.
- Notice was issued to the OP, who did not appear before this Commission despite receipt of the notice. Hence, the OP was proceeded ex-parte vide order dated 05.02.2022 when the Complainant filed adequate proof of service. The Complainant filed his affidavit in evidence and written arguments, and we have heard the final oral arguments from the Ld. Counsel of the Complainant. None appeared for the OP. Therefore, the order was reserved.
- We have carefully reviewed the material on record and have also perused the documents filed by the Complainant to substantiate their testimony.
- We find that the Complainant booked the OP tour and travel service on 15.11.19 for his daughter's wedding from 23.11.19 to 24.11.19 to ferry the wedding guests to and fro from the venues via the OP bus.
- A Contact Carriage Agreement was drawn up between the Complainant and the OP,reflecting the details of the itinerary. A simple reading of the program shows that on 23.11.2019, the Complainant sought two buses for pick-up and drop from Karol Bagh to Ashoka Road, then one bus for 10.00 P.M. to drop from Ashoka Road to Karol Bagh. On 24.11.19, the Complainant sought one bus for two rounds to be made at 5:00 A.M. for Ashoka Road to Karol Bagh.
- He paid Rs.22,000/- as agreed to between the Complainant and the OP on 19.11.19. the Complainant has annexed the copy of the Contract Carriage Agreement at Annexure C-2on pages 9, 10 & 11.
- The Complainant has alleged that the OP did not send the bus for the pick-up of guests from Ashoka Road to Karol Bagh at 10:00 p.m., due to which he had to spend an extra amount of Rs.8,000 on taxisand Cabs to make sure his guest reached the venue safely at surged prices and also suffered embarrassment before his guests for which the OP is liable to pay him damages.
- Since the OP is ex-parte, we have no reason to disbelieve the Complainant's unrebutted and uncontroverted testimony, which he has duly corroborated with documentary evidence regarding the fixed itinerary.
- However, the Complainant has not filed any bills or payment transaction details to show the monetary loss he suffered due to the breach of promise of the OP for the absence of the bus at 10:00 p.m. on 23.11.19.
- Hence allowing the complaint to the extent of the deficient service of the OP in not sending the bus at 10:00 p.m. on 23.11.19 to pick-up the Complainant's guests at the promised time despite taking the consideration amount for the same,we find the OP guilty and direct the OP to pay a lump sum amount of Rs.20,000/- to the Complainant for the embarrassment and mental agony he suffered at the important event in his family along with Rs.5,000/- towards litigation cost.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 16.12.2024.
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