JUDGEMENT
A.K.ANNAMALAI, J. -
(1.) The complaint filed under Section 17 of the Consumer Protection Act- 1986
The details of complaint in brief as follows : Complainant practicing
as an advocate in order to travel from Coimbatore to Chennai along with
his wife and relatives for the travel on 22.11.09 booked tickets through
the 1st opposite party for the travel in A/C sleeper Volvo bus through
the 2nd opposite party for which the 3rd opposite party is the authorized
signatory and the 1st opposite party licensed travel agent and the
complainant paid Rs.2,100/- (Rs.700/- each for 3 persons) for the cost of
the ticket and a receipt was issued along with ticket intimating the
berth No.4, 5, 6 for the travel on 22.11.09 with a departure time at 9.45
p.m from Coimbatore. When the complainant and his party arrived at 9.00
p.m for the travel on 22.11.09 and waited for boarding the bus there was
no sign of arrival or for the arrival of the bus and when approached the
3rd opposite party evaded the proper reply and waited till 10.45 pm and
when approached the 3rd opposite party for refund of money he retorted to
go and collect the money from the person to whom he has paid and thereby
the complainant was forced to travel to Chennai for attending his urgent
Court work on 23.11.09 by engaging a private taxi at 11.00 p.m and
reached Chennai on 11.00 a.m on the next day by paying a sum of
Rs.5,780/- as total hire charges for the car. Hence he had issued a legal
notice dated 30.11.09 to the opposite party and there was no reply. Hence
the complainant come forward with this complaint claiming for the
reimbursement of Rs.2,100/- towards the amount paid for the purchase of
booking of tickets for travel and Rs.5,780/- towards the expenditure for
the engaging of private car and Rs.25,00,000/- for ill treatment
humiliation for the loss suffered for him and for his relatives and for
mental agony as compensation and for costs.
(2.) The 2nd and 3rd opposite parties failed to appear before this
Commission and they were set exparte in the proceedings.
(3.) The 1st opposite party filed the written version by denying the
allegations of the complainant except to admit the arrangements made for
relating to the booking of tickets for the travel on 22.9.09 and stated
that they issued the receipt for the tickets booked and the amount
collected was paid to the 2nd opposite party. Regarding the other
allegations relating to the non boarding of bus and other details are all
denied as false, baseless and untrue. For the failure to provide bus from
Coimbatore to Chennai was by the 2nd and 3rd opposite parties liability
cannot be fixed on the 1st opposite party and there was no deficiency in
service on the part of the 1st opposite party. The amount claimed by the
complainant is exorbitant and excessive. Hence complaint to be dismissed.;
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