Cancellation Of Bus An Hour Before Departure, Jodhpur District Commission Holds Travel Agency Liable

Brief Facts:

Dr. Mahendra Lodha (“Complainant”) travelled to Kota to visit his daughter and wife. Subsequently, he booked a ticket from Red Bus to return to Jodhpur, with a seat allotted by Shri Nathnama Travel Agency (“Travel Agency”). Despite reaching the designated location half an hour before the scheduled departure, the bus did not arrive, and at midnight, an employee of the travel agency cancelled the bus, instructing the Complainant to leave. As a general surgeon with a critical need to reach Jodhpur by August 27, 2021, the Complainant arranged alternative transportation at his own expense, incurring Rs 2,000/- for a rental car. Only the Rs. 555/- bus fare was refunded by the travel agency after correspondence. The Complainant made several communications with Red Bus and the Travel Agency to seek the additional cost of Rs. 2000/- incurred by him but didn't receive any satisfactory response. Feeling aggrieved, the Complainant approached the District Consumer Dispute Redressal Commission (II), Jodhpur, Rajasthan (“District Commission”) and filed a consumer complaint against Red Bus and the travel agency.

In response, Red Bus contended that its responsibility extends only up to the issuance of a valid booking confirmation, and any subsequent issues are the responsibility of the service provider, the travel agency. It argued that Jodhpur is not the appropriate jurisdiction for filing the complaint. It stated that there was a deficiency in services on its part after the booking confirmation, and the booking amount was refunded to the Complainant before the complaint was filed. The travel agency didn't appear before the District Commission.

Observations by the District Commission:

The District Commission noted that the Complainant paid the consideration amount to the travel agency, and he faced difficulties caused by the cancellation of the bus ticket without any apparent reason after the seat had been allotted. It observed that the ticket presented by the Complainant listed the name of the travel agency, and the amount for the journey was received by the travel agency. Contrary to the Complainant's assertion that it was the bus operated by Red Bus, the District Commission held that no amount was paid to or transaction occurred with Red Bus. Therefore, the District Commission held the travel agency liable for deficiency in services.

Considering the Complainant's status as a surgeon at AIIMS with a scheduled operation in Jodhpur, the District Commission acknowledged the significant physical and mental pain caused by the sudden cancellation of the bus without prior notice to him. The District Commission directed the travel agency to pay Rs. 2,000/- to the Complainant for the expenses incurred in arranging an alternative vehicle. Additionally, it was directed to pay a compensation of Rs. 20,000/- for physical and mental distress, and Rs. 5,000 for litigation costs incurred by the Complainant.