BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THANE
(COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE)
Complaint No. :- 268/2010 Filed on :- 19/07/2010 / Decided on :- 2 /12/2011
Shri Amit Chintamani Vartak, Thane (w) 400 602. .. Complainant
V/s.
Managing Director, Meru Cabs Co. Pvt. Ltd. Malad (w), Mumbai 400064 ..Opponent
This complaint was filed by the Complainant against the Managing Director of Meru Cabs and Meru Cabs Company Pvt. Ltd., alleging deficiency in their service thereby for failing to unlock the boot/dickey forthwith wherein the Complainant luggage of the Meru Cab hired for travelling from Thane to Airport by the Complainant for boarding the flight to Kochi for honeymoon and thereby to hold the Opponents guilty of negligent and deficient services for failing to provide proper and prompt services, further for directions to Opponents to reimburse the expenses to the Complainant to the tune of Rs. 330/- by Meru Cab for travel from Thane to the Airport, for purchasing two Jet Airway’s tickets amounting to Rs. 10,758/-, for Cab fare Rs. 1,000/- from Kochi to join the Kesari Tour and Rs. 50,000/- towards compensation for mental agony, stress etc., sum totalling to Rs. 62,088/- .
Facts:
It is the case of the Complainant that on 28/10/2009 he had booked a Meru Cab (Taxi) for travelling from Thane to Domestic Airport, Mumbai as he had planned to go for his honeymoon to Kerala along with his wife. He had booked himself and his wife for the said trip to Kerala with Kesari Tours, and therefore, booked two ticket of Spicejet Airways dated 28/10/2009 from Mumbai to Kochi in Flight No. SG-101 which was to depart at 8.50 a.m. It is further the case of the Complainant. The said hired by the Complainant was boarded at 6.40 a.m. from Thane which reached Mumbai Airport at 7.09 a.m. and the Cab fare paid towards the said travel was Rs. 330/-. The Complainant further submits that on reaching the Mumbai Airport his luggage kept in the boot/dickey of the said hired Meru Cab could not be removed as the lock of the boot/dickey could not be opened as it had got locked. Despite several attempts by the driver of the said cab, Mahendra Mahato, however in vain. Hence the Complainant requested the Cab driver to call the maintenance department of the Opponents for help/assistance, however, there was no response. Thereafter, the said driver called the call centre of the Opponent Company and he was told to break open the lock of the boot/dickey of the said Meru Cab. However, since there was no tool kit in the said Cab, the lock could not be broken. Thereafter, attempts made by the Opponent’s Controller, situated at the Airport Parking Space, so also by the staff of the Opponents authorized garage situated at Andheri at about 8.15 a.m. However, all the said attempts made prove to be unfruitful and further, the mechanic of the said authorized garage of the Opponent Company’s garage was only expected after 9.00 a.m. As the Complainant and his wife were to board the Spicejet flight to Kochi at 8.50 a.m. attempts were also made to open the dickey of the said Meru Cab at a nearby petrol pump, however in vain. Ultimately after running from pillar to Post the Complainant got his luggage from the dickey after the lock of the said dickey was opened at 9.00 a.m. by the mechanic of the authorized garage of the Opponent Company.
Thereafter on reaching the Airport, the Complainant learnt that the Spicejet flight had already left as scheduled at 8.50 a.m. and hence he had missed the flight, therefore, he was required to book fresh tickets from Mumbai to Kochi by Jet Airways scheduled for departure at 10.35 a.m. to join the Kesari Tour at Kochi. For the said two tickets, the Complainant incurred expenses of Rs. 10,758/- of the even date and also Cab fare of Rs. 1,000/- from Kochi to join the conducted Kesari Tour. The Complainant therefore, states that in view of the above stated incident he lodged a complaint being no. CAAM 1146925 and got assured of the response within three days, however in vain. Despite several attempts made telephonically and assurances given by the Opponents, so also, being in receipt of the hand delivered notice of the Complainant to the Opponent Company wherein the Complainant sought reimbursement to the tune of Rs. 62,088/-. However, in vain. The Complainant, therefore, states that in view of the above facts and circumstances he and his wife was subjected to lot of stress, tension, mental agony etc. and, therefore, the Opponents should be held guilty for being deficient in their service thereby for failing to provide non satisfactory services to the Complainant and his wife. The Complainant, further, states that since the Opponents did not comply with the requisitions stated in his notice he was constrained to file this present complaint against the Opponents for the aforementioned reliefs.
Pursuant to the issuance of notice by Consumer Disputes Redressal Forum, despite being in receipt of the notice as reflected from the R.P.A.D. acknowledgement which bears the stamp of the Opponent Company i.e. Meru Cabs Pvt. Ltd. etc., neither the Opponents appeared nor filed the W.Ss. Hence, on 10/10/2011 this Forum passed an Ex-Parte order and heard the Complainant’s father who is his power of attorney holder at length.
After carefully perusing the documents submitted by the Complainant and after considering the various aspects of the complaint in the light of the Consumer Protection Act, 1986 and from the overall appreciation of the facts of circumstances the Consumer Disputes Redressal Forum decided that the instant case was a clear cut case of deficiency in services by the Opponents. It was held that in view of the above facts & circumstances the Complainant and his wife must have gone through immense mental agony, torture due to the aforementioned conduct by the Opponent Company. Further the Forum opined that being in service industry that too in the 21st century they cannot exercise such kind of deficiencies, as the repute of their Company is involved & further the said deficiencies can hamper the image of their Company.
Hence it was ordered that:
- Opponents to pay Complainant Rs.330/- towards cab fare from Thane to Airport
- The Opponents to pay to the Complainant Rs.10,758/- towards Jet Airways ticket fare
- The Opponetns to pay to the Complainant Rs.1000/- towards cab fare
- The Opponents to pay to the Complainant Rs.10,000/- towards compensation for mental torture and agony.
(Extracted from the order Dt. 2 /12/ 2011 of Hon’ble Member Smt. Jyoti Iyer)
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