A.K.ANNAMALAI, J. - (1.) The unsuccessful complainant is the appellant.
(2.) Complainant traveled in the 1st opposite party?s State Transport Express Bus, Ultra Delux bus in which 2nd and 3rd opposite parties are driver and conductor. On 10.12.09 from Trichy to Pumba on payment of Rs.340/- started at 22.00 hours from Trichy and after reaching Dindigul due to certain repair the bus could not be proceeded further and thereby the 2nd and 3rd opposite parties have not made any alternative arrangements and thereafter the complainant on his own alternative arrangements reached the Pumba with delay of several hours and thereby the opposite parties are deficiency in service and after returning from the place on 15.12.06 when he questioned the 1st opposite party he demanded for the return of the ticket purchased and as the opposite parties have to refund the money towards the fare for the unavailed portion of the journey which is deficiency of service and thereby complainant claimed Rs.10,000/- as compensation for mental agony and refund of the ticket fare and for the unavailed portion of journey and for costs.
(3.) The opposite parties denied the allegations of the complainant by contending that due to unexpected mechanical defect which is an act of God break down occurred at Dindigul and up to Theni they have made alternative arrangements by making passengers to continue the onward journey with good Ultra Delux bus and the other passengers have no complaint in this regard and the complainant refused to get back the ticket fare at the spot as he was not willing to continue the journey and the sum of Rs.256/- as part of unavailed journey was sent by money order to the complainant on 19.12.06 and thereby there was no deficiency of service and the complainant was so reluctant with an ulterior motive filed the complaint only to threaten and extract money from the opposite parties.;