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Praveen, Proprietor v/s Sumesh, KaleeckalVeedu, KrishnapuramMuri, Krishnapuram & Another


Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

    Appeal No. 45 of 2014

    Decided On, 04 February 2020

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. T.S.P. MOOSATH
    By, JUDICIAL MEMBER
    By, THE HONOURABLE MR. R. RANJIT
    By, MEMBER
    By, THE HONOURABLE MRS. A. BEENA KUMARI
    By, MEMBER

    For the Appellant: T.L. Sreeram, A.S. Deepu, Advocates. For the Respondent: ------



Judgment Text


A. Beena Kumari, Member

Appellant is the 1st opposite party in C.C. No. 73/2012 on the file of the Consumer Disputes Redressal Forum, Alappuzha. The 1st respondent is the complainant and the 2ndrespondent is the 2ndopposite party.

2. Brief facts of the case are as follows: Complainant is working as a clerk at Chengannur Government ITI. The incident regarding the complaint happened on 09.09.2011. As he was in need to go to Manandavadi he approached the 1stopposite party on 19.08.2011 for booking tickets and the 1stopposite party told that seats are available in galaxy A/C Kalpatta luxury coach on the scheduled date. The complainant had booked 2 tickets for himself and his wife from Kayamkulam to Kalpatta and he made a payment of Rs. 760/- towards cost of the tickets and the 1stopposite party issued a receipt for the same on 19.08.2011. There after he had prepared everything for the journey and on the due date morning 1stopposite party informed the complainant that the bus service on the scheduled date had cancelled. This caused much mental agony to the complainant as his wife who was pregnant and she was having difficulties in travelling. Since it was Onam season all the buses were booked and there was no other facilities to travel. As he was well planned for his journey he was not in a position to cancel the journey. So, he hired a car and went to Mananthavadi and the journey cost Rs. 8748/-. He had to suffer immense mental agony due to this and hence he filed the complaint.

3. Notices were issued to the opposite parties. 1st opposite party entered appearance and filed version. 2nd opposite party has not appeared before the Forum and hence set ex-parte on 20.09.2012.

4. The version filed by the 1st opposite party is as follows: - 1st opposite party is only an agent of the 2nd opposite party. 1st opposite party does not have his own bus or bus service and it was on 08.09.2011 morning about 7.45 am he was informed from the office of the 2nd opposite party that bus service on 09.09.2011 was cancelled as the bus is having repair work. As it was Onam season no other facility is available to arrange the trip. The same was informed to the complainant through telephone by about 8.45 am on 08.09.2011. As he was only an agent of the 2nd opposite party and he will get only Rs. 50/- per ticket as commission charges 1st opposite party is not to be liable to give the amount sought for bythe complainant.

5. Complainant had filed proof affidavit in lieu of oral examination and filed documents which were marked as Ext. A1 to A8. The complainant in his proof affidavit stated that he had filed a complaint regarding this incident before the legal service committee as PLP 178/11 and he was informed to approach the Consumer Forum for relief.Ext. A1 is the receipt issued by the 1st opposite party on 19.08.2011. Ext. A2 is the receipt of taxi charge he paid on 10.09.2011. Ext. A3 is the lawyer’s notice dated 22.09.2011. Ext. A4 is the receipt. Ext. A5 is the acknowledgement card. Ext. A6 is the train reservation ticket dated 19.08.2011. Ext. A7 is the copy of the petition filed in Karthikapally Taluk legal service committee and Ext. A8 is the order in PLP 178/11.

6. On the basis of the entire evidence the finding of the District Forum was that the complainant had booked two tickets from Kayamkulam to Kalpetta for himself and for his wife on 19.08.2011 from the 1st opposite party. The date of journey was on 09.09.2011 and he had paid Rs. 760/- for the ticket charge. On the same day that was on 19.08.2011 he also reserved train tickets for the return journey. The opposite parties cancelled the bus without informing the matter to the complainant. Hence the complainant had to travel by taxi car and for that he had paid an amount of Rs. 8,748/- towards taxi charge. Ext. A2 is the receipt of taxi charge. The District Forum found that the documents and evidences adduced by the complainant proved his case beyond doubt. As the complainant was planned for his journey he was not in a position to cancel the journey and also his wife was pregnant and she was having difficulties in travelling.

7. The District forum found that there was deficiency in service from the side of opposite parties and directed the opposite parties to pay Rs. 8,748/- towards taxi charge which the complainant had paid and Rs. 760/- which he has paid to the 1st opposite party for ticket fare with 9% interest from 09.09.2011 till the date of realization. Aggrieved by the impugned order this appeal is preferred by the 1st opposite party.

8. The appellant argued that the District Forum passed the order without properly looking into the real facts and circumstances of the case and in total violation of the principle of natural justice. The Forum went wrong in holding that the 1st opposite party has committed deficiency in service by ignoring the fact that he has got nothing to do with the scheduled journey apart from the fact that he had booked ticket for and on behalf of the 2nd opposite party for a meager commission of Rs. 50/-. The appellant further argued that he is an agent of the 2nd opposite party and as per principal-agent relationship the agent has no liability. Hence if any deficiency in service occurred from their side, the principal 2nd opposite party is liable for the same.

9. But the 1st opposite party had not produced any document to prove the principal-agent relationship between the

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1st and 2nd opposite parties. As per Ext. A1 receipt 1st opposite party accepted the amount and issued ticket. In that document nowhere stated that they received the amount for and on behalf of 2nd opposite party. From the above mentioned discussions we also find that deficiency in service occurred from the side of the opposite parties and therefore opposite parties are liable to pay the amount passed by the District Forum. We find that there is no reason/ground to interfere with the finding or order passed by the District Forum. In the result, appeal is dismissed. No order of costs.
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