By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to refund the ticket value and to pay cost and compensation due to the deficiency of service.
2. Brief of the complaint:- The complainant and his friend booked 2 seat from opposite party No.1's office to travel in opposite party No.2's bus from Trivandrum to Sulthan Bathery at 7.30 pm. The opposite party No.1 has issued the receipt also for the same. So the complainant and his friend entered into the bus of opposite party No.2 and sat by 7.30 pm. But at 8 pm the staff of that bus came and told that those passengers not booked the seat in that bus and insulted and they were expelled from the bus. So the complainant contacted the opposite party No.1 and opposite party No.1 told that the staff of the office is went and nothing can be possible. So the complainant and his friend could not travel on that day and forced to stay back at Trivandrum after arranging one room. The above acts of the opposite parties are deficiency of service and so the complainant caused mental agony and financial loss and so the opposite parties are liable to compensate for the same.
3. Notices were served to opposite parties and they filed version admitting the seat booking and stated that the passengers were not reported in the bus at the departure time. So the opposite party No.1 tried to contact the passenger in the given mobile number but could not contact and even then the bus further wait 15 minutes for their arrival. But thereafter when the other passengers complained they are forced to proceed from there and submitted that no deficiency of service is caused from the side of opposite parties and it is caused only due to non arrival of the passengers in the departure time and prayed to dismiss the complaint with compensatory cost.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and A2 documents were marked. Ext.A1 is the Receipt for Rs.1,200/- dated 17.04.2017 issued by opposite party No.1, date of journey 17.04.2017, reporting time 7.30 pm, departure time 7.35 pm, Trivandrum to Sulthan Bathery. Ext.A2 is marked with objection, it is a bill issued by Hotel Aristo, Trivandrum dated 17.04.2017, issued to one Mr. Prabhakaran the sum of rupees received is Rs.800/-. It is no way connected to complainant. Opposite parties not adduced any oral evidence.
5. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the side of opposite parties?
2. Relief and Cost.
6. Point No.1:- The Ext.A1 receipt is the Receipt/Ticket issued by opposite party No.1 to the complainant. It is admitted by opposite party No.1 also. But opposite party stated in the version that the complainant and friend could not report to the opposite party No.1 on the reporting time or in the departure time. So they tried to contact in the given phone number but could not get on contact and waited for them for further fifteen minute and when the other passengers made complaint they were forced to depart the bus. This contention is not challenged by the complainant in his affidavit also. The complainant produced Ext.A2 to show that they were forced to stay in Trivandrum one more night availing lodge. The complainant produced the Hotel bill dated 17.04.2017 and it is marked as Ext.A2 document which is in the name of one Prabhakaran. In the complaint and in the affidavit, complainant stated that due to non availability of the seats in the bus they were compelled to stay in Trivandrum and took one room and stayed for one day. The Forum perused the Ext.A2 Bill, which is issued in the name of one Prabhakaran, whose name is not stated anywhere in the complaint or affidavit. In the deposition of PW1 he deposed that the room is taken on 17.04.2017 and on the same day at 6'o clock the room vacated. The booked journey is also on 17.04.2017. The complainant not produced any document to show that the complainant and his friend stayed at Trivandrum for the next day. PW1 also deposed before the Forum that ''he has not denied the contentions raised by the opposite parties in their version''. So we cannot presume that they were stayed in the room on 17.04.2017 night because PW1 deposed that on the same day the room vacated at 6'o clock. Anyhow the opposite party admitted the booking and receipt of Rs.1,200/- from the complainant. It is also admitted that the complainant could not travel as per booking. The opposite party not produced any document to show that the opposite party had send any message to the complainant informing the travel time or the opposite party had contacted the complainant over telephone. Now a days, when a person booked for train or bus, there will be message information in the phone number given. But here no such evidence is produced by the opposite party to prove their case. The case of the complainant is that he and his friend were expelled from the bus by the staff of the bus such a contention cannot be believed at all. The complainant not produced any witness to prove his case. The complainant at least not cited his friend as a witness to prove his case. On a overall evaluation of the case, it can be presumed that the complainant and and his friend came very late in the departure point on 17.04.2017.
7. The Forum is of the opinion that on a non-standard basis allowing the complainant to get back the booked amount will be just and proper in this case, so the complainant is entitled to get the booked amount of Rs.1,200/- only from the opposite party. The Forum did not find any deficiency of service from the part of opposite parties. Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the complainant, the complainant is not entitled to get cost and compensation. Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party No.1 and 2 are jointly and severally liable to pay Rs.1,200/- (Rupees One Thousand and Two Hundred) to the complainant towards the booked amount. The opposite party No.1 and 2 shall comply the Order within 30 days from the date of receipt of this Order. Failing which the complainant is entitled to get 12% interest for the above sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 24th day of November 2017.
Date of Filing:19.05.2017.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Salam. Agriculturist.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Receipt/Ticket. Dt:17.04.2017.
A2. Bill. Dt:17.04.2017.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
