BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt.  Case No :  231 of 2010

Date of Institution:    19.04.2010

Date of Decision  :    15.07.2010

1]          Smt.Sarita Bajaj wife of Sh.Rakesh Bajaj,

2]       Ayush Bajaj (Minor) through his father Sh.Rakesh Bajaj, residents of #3046, Sec.20-D, Chandigarh.

 ……Complainants

V E R S U S

A.C.Integal Coach, SCO 1064-65, Sector 22-B, Chandigarh, through its Proprietor.

.…..Opposite Party

CORAM:          SH.LAKSHMAN SHARMA                         PRESIDENT

                    SH.ASHOK RAJ BHANDARI            MEMBER

                    MRS.MADHU MUTNEJA                        MEMBER

PRESENT:     Sh.Subhash Chander Sharma, Adv. for the complainant.

OP exparte.

PER MADHU MUTNEJA, MEMBER

                The instant complaint has been filed by Smt.Sarita Bajaj, under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice on the part of the OP.  She has claimed a compensation of Rs.55,000/- from them.

1]             The facts in brief are as under:-

                The complainant had booked two tickets from Chandigarh to Ludhiana from the OPs for herself and her minor son.  The date of travel was 4.8.2009.  the complainant arrived at the Bus Stand on time and boarded the bus along with her son.  When the bus departed and reached Kurali (Punjab), the complainant realized that the bus was going on another route and would not go to Ludhiana. She immediately pointed this out to the conductor .  The conductor stopped the bus after Kurali (Punjab) and forced the complainant to alight from the bus since the bus was going to Jallandhar instead of Ludhiana.  When the complainant tried to contact the police through her mobile, the bus conductor got scared and instructed the driver to speedup the bus.  The bus reached Jallandhar.  The complainant had to take a taxi for reaching Ludhiana which was her actual destination.  She paid Rs.1500/- as taxi fare. 

                According to the complainant, the act of the OP by putting her on a wrong bus, and the conduct of the employees of OP is a fit case of mental & physical harassment.  It is surely an unfair trade practice and deficiency in service on the part of OPs.  The complainant issued a legal notice to the OP demanding compensation but no reply has been received from the OPs to the notice.  With no other option left, the complainant has filed the instant complaint seeking relief against the OP.

2]             After admission of the complaint, notice was sent to the OP.  However, the summons sent to the OP through Process Server were received back with the report of refusal. Refusal amounts to service, since neither the Proprietor of OP appeared in person nor any authorized person of OP appeared on their behalf therefore, OP was proceeded exparte on 19^th May, 2010.

3]             We have heard the ld.Counsel for the complainant and have also perused the evidence led by the complainant in support of her contentions.

4]             At the time of arguments, the ld.Counsel for the complainant laid stress on the fact that not only had the complainant and her minor son wasted time and money but also suffered harassment due to being forced to travel to a wrong destination.  The complainant despite trying to contact the police, could not get any help since the conductor of the bus immediately sped the bus away towards Jallandhar. 

5]             From the above arguments, we feel that the lady and her minor son have definitely suffered at the hands of the OP and need to be compensated for deficiency in service and unfair trade practice.  They were not only made to go to a wrong destination but the employee of the Op also did not cooperate with them.

6]             In view of the above discussion, we are of the opinion that OP must compensate the complainant and her minor son for causing them mental and physical harassment.  We therefore allow this complaint and direct the OP as follows:-

i)         Refund Rs.200/- charged as traveling charges from the complainant.

ii)        To pay Rs.1500/-, which the complainant spent as taxi fare from Jallandhar to Ludhiana.

iii)       To pay Rs.5000/- for causing mental and physical harassment to the complainant and her minor son as well as for deficiency in service. 

iv)      Pay Rs.5000/- as cost of litigation to the complainant.

7]             The aforesaid amount be paid by the OP within 45 days from the date of receipt of certified copy of this order, failing which the OP shall pay a sum of Rs.6700/- to the complainant along with interest @18% per annum from the date of this order till realization besides paying litigation cost of Rs.5,000/-.

8]             Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

15.07.2010                                                             Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                          Sd/-

                                       (ASHOK RAJ BHANDARI)

MEMBER

                                                                             Sd/-

                                                             (MADHU MUTNEJA)

MEMBER

‘Om’