ORDERS:
Charanjit Singh, President;
1 The complainant has filed the present complaint under Section 35 and 38 of the Consumer Protection Act (herein after called as 'the Act') against the opposite parties by alleging that the complainant got booked the Bus tickets for 3 persons for himself and his family members through Opp. Party No. 1 having ticket No. 728323247908 and PNR No. 121106678-7430 for travelling from Jalandhar to Delhi Airport which is being managed by opposite party No. 2 for 10.5.2023 for Rs. 3,620/-. Copy of the bus ticket is Ex. C-2 and C-3. The affidavit of complainant is Ex. C-1. On the said date the complainant was to travel from the said bus to Delhi Airport to leave one of the passenger i.e. his sister to Delhi Airport as she had to board a flight to Perth, Australia. The copy of air ticket is Ex. C-4. The complainant alongwith his sister reached the boarding point at Bus Stand, Jalandhar and reached well in time. While boarding the said bus the complainant was stopped from boarding the bus on the pretext that the ticket being booked by the complainant is for 3 persons and one of the passenger is not present due to which the complainant and her sister were not allowed to board the bus. The complainant made request to the staff several number of time that they should be allowed to board the bus as they have valid ticket and even also she had further connecting flight from the Delhi Airport and if they do not reach on time then she would miss the flight. Even after many request and showing the valid ticket the complainant and her sister were not allowed to board the bus. Upon failure to board the bus the complainant and her sister were left with no option to re purchase the new bus tickets on the spot for the same bus for Rs. 2320/- for said two persons again. The copy of the bus ticket is Ex. C-5. The complainant has prayed the following reliefs:-
- The opposite parties be directed to pay Rs. 5,940/- as the value of the bus tickets booked twice alongwith interest @ 18% per annum till realisation to the complainant.
- The opposite parties be directed to pay the compensation of Rs.1,00,000/- to the complainant.
- The opposite parties be directed to pay the cost of the litigation.
2 Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 26.7.2023.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that the complainant got booked the Bus tickets for 3 persons for himself and his family members through opposite Party No. 1 having ticket No. 728323247908 and PNR No. 121106678-7430 for travelling from Jalandhar to Delhi Airport which is being managed by opposite party no. 2 for 10.5.2023 for Rs. 3,620/-. The complainant has placed on record bus tickets are Ex. C-2 and C-3. He further declared that on the said date the complainant was to travel from the said bus to Delhi Airport to leave one of the passenger i.e. his sister to Delhi Airport as she had to board a flight to Perth, Australia and copy of air ticket is Ex. C-4. The complainant alongwith his sister reached the boarding point at Bus Stand, Jalandhar and reached well in time. While boarding the said bus the complainant was stopped from boarding the bus on the pretext that the ticket being booked by the complainant is for 3 persons and one of the passenger is not present due to which the complainant and her sister were not allowed to board the bus. He further declared that the complainant made request to the staff several number of time that they should be allowed to board the bus as they have valid ticket and even also she had further connecting flight from the Delhi Airport and if they do not reach on time then she would miss the flight. He further declare that even after many requests and showing the valid ticket the complainant and her sister were not allowed to board the bus. Upon failure to board the bus the complainant and her sister were left with no option to re purchase the new bus tickets on the spot for the same bus for Rs. 2320/- for said two persons again. Copy of the bus ticket is Ex. C-5 and prayed that the present complaint may be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in this Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant. Moreover, the complainant was not allowed to board the bus on very vague ground that since the ticket is booked for 3 persons and one person is not present, as such, they cannot travel in the bus. The complainant was forced to buy new tickets, this is deficiency in service as well as unfair trade practice.
6 To assess the compensation on the opposite parties, this Commission is at liberty to provide any relief. This Commission relied upon the latest law on this point of compensation i.e.the Hon’ble Supreme Court in case Amitabha Dasgupta Vs. United Bank of India and others AIR 2021 SC ( Civil ), 1457 wherein it is held that “Deficiency in service – Duty of care should be exercised by bank irrespective of application of laws of bailment to contents of locker – Bank inadvertently broke customer’s locker, without giving prior notice, inspite of clearing pending dues by him. Bank acted in blatant disregard to responsibilities owned to customer as service provider - Case of gross deficiency in service – Imposition of costs of Rs.5,00,000/- on bank would be appropriate compensation to customer. In the present complaint same thing has been happened with the complainant because at the eleventh hours they were not allowed to travel in the bus on very vague ground, as such, Rs. 20,000/- as compensation as well as Rs. 11,000/- for litigation costs is justified.
7 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties. The opposite parties are directed to pay Rs. 5940/- to the complainant jointly and severally. The complainant has been unnecessarily harassed by the opposite parties for a long time, therefore, the complainant is entitled to Rs. 20,000/- as compensation on account of harassment and mental agony and Rs 11,000/- as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
13.09.2023
