SVR TOURS And TRAVELS vs DILSUKNAGAR CONSUMERS COUNCIL

THE complaint OP 1125/94, District Forum, Hyderabad was filed by Dilsuknager Consumers Council, Hyderabad on behalf of 11 complainants. According to the allegations in the complaint opposite party M/s. SVR Tours and Travels advertised in papers promising Shirdi tour on 2 x 2 push-back seats in brand new Video Coach. Attracted by the advertisement, on 8.6.94 N. Venkateswarlu booked three seats for journey to Shirdi and other 8 complainants also booked seats for jouney to Shirdi and back. It is the case of the complainants that instead of providing 2 x 2 push back seats in a Video Coach, the opposite party provided an ordinary bus. At 6.30 p.m. on 8.6.94 when the bus left Hyderabad, it was raining and the complainants found to their dismay that wiper was not functioning and that there was loud rattling noise under carriage and also terrific rattling noise of the windows, due to which the complainants could not sleep and did not have comfortable journey. THE bus reached Shirdi late and the driver informed the complainants that the wiper could not be repaired and the entire unit has to be replaced, and that on the journey back also there was rattling noise under the carriage as well as the windows.

ALLEGING that due to the deficiency of service on the part of the opposite party in not providing the new Video Coach of 2 x 2 push back seats as promised, the complainants suffered sleepless night and also inconvenience due to rattling noise and, therefore, filed the above complaint claiming refund of single fare to the consumers collected from them and to pay each of them a sum of Rs. 2,000/- as compensation for mental agony and costs. The opposite party after service of notice entered appearance through Counsel, but later remained absent and was set ex-parte.

The affidavit of one Venkateswarlu was filed in support of the case of the complainants and Exs. A-l to A-9 were marked.

THE District Forum found that the coach provided by the opposite party was an ordinary one and not a Video Coach with 2x2 push back seats and also rattling noise under carriage, shutters of windows resulted to causing inconvenience to the passengers ad hence there is deficiency of service on the part of the opposite party and, therefore, directed the opposite party to return to eleven complainants a sum of Rs. 215/- each being the single journey fare and also costs of Rs. 1,000/- to all of them put together. Aggrieved by the said order, this appeal is preferred by the opposite party.

IT is contended by the learned Counsel for the appellant that the opposite party made the bus available and took the passengers from Hyderabad and brought them back and the District Forum is, therefore, not justified in awarding to each of the complainant a sum of Rs. 215/- being the single journey fare especially when both the journeys were made by the complainants in the bus provided by the opposite party. IT is also submitted that the bus provided is a new one and is in good condition. Therefore there is no deficiency of service on the part of the opposite party. So far as the deficiency of service is concerned, it is not disputed that the opposite party agreed to provide 2x2 push back seats with Video Coach. They stated in the counter that the bus that has actually carried the complainant is one of average condition and it started" in the night from Hyderabad when it was raining and its wipers were not working. In the absence of any evidence, the District Forum rightly relied on the affidavit of Mr. Venkateswarlu that the bus was giving rattling noise from under carriage and window shutters and caused inconvenience to the passengers. Hence we are satisfied that it is a case of deficiency of service on the part of the opposite party. With regard to compensation, we are satisfied that the ends of justice would be met if the opposite party is directed to pay Rs. 100/- to each of the complainants instead of Rs. 215/- being the single fare

IN the result, the appeal is allowed in part and the opposite party is directed to pay to each of the complainants a sum of Rs. 100/- (Rupees one hundred only) towards compensation instead of Rs. 215/- and confirm the order of District Forum regarding costs of Rs. 1,000/- awarded to all the complainants put together. There shall be no order as to costs in this appeal. Appeals partly allowed.