M. THANIKACHALAM J. - (1.) The opposite party before the District Forum is the appellant herein.
(2.) The respondent/ complainant, alongwith his family members traveled from Coimbatore to Mayiladuthurai to go to Kumbakonam, in route No.722- Fast Express- run by the appellant/ opposite party, on 4.5.2003, at about 8.30 p.m On the way, when the bus reached Pongalur, it broke down and the crew though made alternative arrangement, they have arranged only 35 seat capacity bus, forgetting the fact that the bus traveled by he complainant and others had 45 seats. Because of this deficiency in service, the complainant and his family members, handicapped wife, aged mother and children were compelled to travel by standing. For the sufferings undergone by the petitioner and his family members, the opposite party should pay a sum of Rs.50000/- as compensation.
(3.) The appellant/ opposite party admitting that the complainant and his family members traveled in route No.722, that the bus also broke down at Pongalur, would contend that due to unexpected failure in the lighting system, they were compelled to make alternative arrangement immediately, thereby showing their efficiency in service, that the records maintained by the opposite party would indicate that even the spare bus reached the destination in time and the complainant and his family members were not allowed to travel by standing, and this being the position, there is no deficiency in service, praying for the dismissal of the complaint.;