Kpn Travels — Deficiency of service

Address:

625020

From
V.Sundararaj.B.A., B.L., -[protected]
ADVOCATE,
Plot.No.176, East 6th Street,
KK.Nagar,
Madurai-625020
To
The General Manager,
KPN Travels India Limited,
No.23B, Rajaji Street,
Swarnapri,
Salem-636004.

Sir,
Under the due instructions of my client Mr.C.M.Arumugam, S/o. Muthuraman of, Madurai – 14 the legal notice is sent as follows,
It is your notice that my client has travelled in your Multi Axile Volvo bus, bearing registration No.KA-41-A-9910, on 10.03.2016 from Madras Egmore to Madurai Mattuthavani. The ticket was booked through ticket goose.com and the M-ticket was forwarded to the cell phone of my client and a sum of Rs.610/- was debited from my client’s account maintaining in Indian Overseas Bank, Madurai District Court Branch, Madurai. Accordingly, my client boarded the bus by 12.40.PM on 10.03.2016 at No.19, Whannels Road, Egmore. Further, through SMS service boarding pass No.5DA8B4 Ticket C[protected] was given by mentioning the schedule departure at 12.45PM.
It is for your further notice that right from the starting; my client felt that the vehicle was driven in a very average speed. However my client satisfied himself as because of city traffic, the vehicle was driven in the below average speed. At the same time even after crossing Perungalathur, the vehicle was not driven in a minimum speed as that of other Multi-Axile passenger bus. In order to verify and ascertain the average speed limit the Toll-gate entry of National Highways No.7 may be verified on the particular day.
It is pertinent to point out here that the vehicle reached Adayar Ananda Bhavan hotel, near Ulundhurpettai approximately at about 06.00PM and left the hotel after the laps of 45 minutes. Even thereafter, the driver of the bus expressed his concern about the dissatisfied percentage of breaking capacity of the vehicle and he is unable to drive the bus in the minimum speed. Further, from there the bus was driven in a very slow speed and reached Trichy at about 09.00PM. After dropping some passenger in Trichy, the vehicle was taken to KPN, Office and was subjected for the checking up of break lines.

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Here also the vehicle was parked a very long time and all the passengers made to fell restless and started to suffer to answer the call of nature. As some of the passengers started to murmuring, the vehicle was getting started slowly and was parked in the outskirt of Trichy City.
It is bitter to express here that after parking the vehicle along the roadside, the driver of the vehicle engaged himself to verify the break-line capacity. When my client enquired about the driver again, he was informed that the condition of the break-lines are not satisfactory and he was totally dissatisfied to move the vehicle further. Though the vehicle was parking along the roadside, no basic amenities even water was not provided though the KPN office was some Kilo Meters away from the parking of the vehicle. When my client requested the driver of the vehicle to make alternative arrangements, he neglected to consider the agony of the passenger, instead he express his inability for the same.
It is for your further notice that thereafter my client sent a message to a Cell Number [protected] as he was provided as contact number of Egmore office. Though the message was received, no response was received from the end. So, my client was constrained to contact his friend and he arranged conference-call to the head office number that is [protected]. Even in the conference, my client informed and expressed his anguish as several passengers including him left in lurch in the out skirt of Trichy without even water. Though the person who attended the conference-call informed that he will look after the same, nothing has happened and the driver started the bus after lapse of 25 minutes. Thereafter the vehicle was slowly driven and reached at Madurai Mattuthavani bus stand at about 12.40AM that is in the early morning of 11.03.2016.
In fact you are well aware the time duration to reach from Chennai to Madurai in a Multi-Axile Volvo. It will hardly take around 6 to 7 hours. Even in an average speed of 70 to 80 Kilo Meters per hour. But in an unsatisfied breaking condition the bus was allowed to drive by putting the passengers anguish and fear. Further my client has chosen the bus as it was a Multi-Axile one and under the impression that he would be dropped before 08.00PM on 10.03.2016. It is very unfortunate that he was dropped by 00.40 hours on 11.03.2016. During the travel though he requested the driver of the bus to stop in any hotel for dinner, it was firmly rejected by the driver and with a sense of hunger my client was forced to travel in the bus. However, my client came to understand that without proper maintenance that the bus was allowed to run by putting the valuable life of the passengers in peril. All that it could be expressed that the whole journey in the bus was completely dissatisfied as the breaking capacity of the bus created panic upon the minds of my client.
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It is further unfortunate to mention that till the moment of despatch the notice, my client has not been consoled by any of your authorities. So, it could easily be presumed that by misusing your goodwill among passengers, you are running the bus without proper maintenance by taking the challenge in the life of the passengers. So, the service provided to my client by you is far below average and the same is made liable to you to answer my client as one of the passenger of your bus on the particular day. Thus, you are answerable the deficiency of your service provided to my client. The mental agony of my client cannot be expressed and he is unable to discharge his routine work at his office.
Therefore, you are hereby informed to show cause within the period of 7 days as to why proceedings in not to be initiated against you for your deficiency of service by invoking of the provision of Consumer Law. Otherwise, my client would be advised to initiate appropriate legal proceedings against you at your costs, risks and incidental thereon.

Advocate