KRISHNA TRAVELS Vs. S SRINIVASAN

JUDGEMENT

(1.) This appeal is by the opposite party-Company against which an award has been passed by the District Forum.

(2.) The case of the complainant (respondent herein) is that he arranged with the opposite party for a tour bus for 53 passengers to be available on 14.8.94. The agreement was entered into on 6.8.94 and of a particular bus number was agreed. The total fare was fixed at Rs.3,100/- and on the date of agreement an advance of Rs.250/- was paid. It was agreed that the balance amount shall be paid on the date of the journey. The complainant furnished the list of passengers to the opposite party. On the date of the tour proposed they were all waiting at an appointed place but the bus did not turn up. On account of this they suffered great disappointment and mental pain. On these grounds the complaint has been filed for granting a sum of Rs.1,06,000/- as compensation and for return of the advance amount of Rs.250/-.

(3.) The opposite party contested the complaint contend inter-alia that as per the agreement entered into on 6.8.94 the balance amount shall be paid one day prior to the date of the proposed tour and the complainant failed to pay the balance amount as agreed. Therefore, it was because of the fault of the complainant the bus was not made available for the tour and as such the complainant is not entitled for any compensation.