Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : Safikul Alam
Date of filing of the case :19.07.2020
Date of Disposal of the case :03.05.2023
Final Order / Judgment dtd.03.05.2023
Complainant above name filed the present complaint against the aforesaid OP u/s 12 Consumer Protection Act 1986 praying for refund of Rs. 4102 and compensation amounting to Rs. 20,000/-.
He alleged that OP is an Ambulance owner vides registration No. WB-51B1279. Complainant took the said Ambulance on rent on 16.04.2000 for shifting patient to ESIC Regional Office, City Centre , Durgapur from Ram Rahim Maternity and Nursing Home Vill. Jagadanandaur,
The distance between the aforesaid place is 170 Km. So OP is entitled to charge for 340 Km but OP took Rs 7,000/-from him and on that time issued one receipt but actually OP is entitled to Rs. 2,898/-.
OP contests this case by filing W/V and denied entire allegation of the complainant. He further contended that complainant took AC Ambulance on rent on 16.04.2020 and on that time Covid-19 pandemic situation was going on.
On that time no owner of Ambulance was agreed to go. As per demand of the complainant OP shifted the patient. On that time there was ever possibility to affect of corona OP agreed to go to Durgapur with the complainant as his baby was very ill.
On that time complainant stated that he is Govt. Employee and for that purpose receipt is required. He placed one receipt before the OP. He put his signature over the said documents. After running from Durgapur OP has not entered into his village as he had to go on quarantine centre for some days.
On that time there was no Govt. fair rent of AC Ambulance during covid-19 pandemic.
He took 340 Km x Rs. 15 =Rs 5,100/- as rent, took Rs.1,200/- for 6 hours detention, took Rs 300/- for oxygen, took Rs. 200/- for sanitization of car . Petitioner paid Rs.6,800/- to him.
He prays for dismissal of the case.
TRIAL
During trial complainant filed affidavit- in – chief. OP filed questionnaire and complainant gave answer.
OP also filed affidavit-in-chief and also filed answer as per questionnaire of the complainant.
DOCUMENTS
Complainant files the following documents.
- Bill for the payment of Ambulance fare issued by Bapan Ghosh (Xerox copy) annexure:
- Baby discharge certificate of Ram Rahim Maternity and Nurshing Home (Xerox copy) Annexure: 2.
- One report of Department of paediatric cardiology of HEALTHWORLD HOSPITAS (Xerox copy) Annexure :3.
- Fare chart of private ambulance to run on Govt. rates,
DECISION WITH REASONS
On perusal of annexure 4 we find that it has been stated therein:-
“The rate list will be displayed at the private hospital and also on the private ambulances. For every 10 Km, Rs. 400 will be charged. For travelling every one kilometre, after 10 Km, while Rs.7.57 per km will be charged for non-AC vehicle, Rs. 8.57 per km will be charged for an AC vehicle.”
Ld. Adv. for the complainant argued that said rate chart has been published by the Govt. and if any person used to take hire of any Ambulance then he must be paid hire charge as per said documents.
Ld. Adv. for the OP argued that aforesaid the rate chart is not applicable during covid-19 pandemic .
Now the burden of prove lies upon the OP to produce the rate chart which were applicable during Covid-19 pandemic situation but he could not produce any such rate chart.
In this situation we have no other alternative but to rely upon the aforesaid chart produced by the complainant.
It is admitted position that aforesaid Ambulance made run to 170 Km so OP is entitled to rent for 340 Km.
As per aforesaid documents OP is entitled to Rs. 400 for 10 Km and he is also entitled to Rs. 7.57 Paise per Km for 330 Km which comes to 2498.10 so total amount as per aforesaid chart comes to Rs. 2498.10/- + Rs 400/- = Rs 2898.10/- i.e Rs. 2898.
On perusal of the documents dtd. 16.04.2020 issued by the OP we found that OP took Rs. 7,000/- from the complainant. He mentioned rent @ Rs. 20.50 per Km. As per aforesaid rate chart produced by the complainant OP is not entitled to collect Rs. 7,000/ .
From the aforesaid discussion it is clear before us that OP collected Rs.4,102/- as excess amount from the complainant and accordingly, OP should be asked to refund the said amount. OP should also be asked to pay adequate compensation.
In the result present case succeed.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP with cost of Rs. 1,000/- to be paid by OP in favour of the complainant.
Op is directed to pay Rs. 4,102/- in favour of the complainant within 1 month from this date failing which the aforesaid amount carry interest @ 9 % per annum from 28.05.2023 to till the date of actual payment.
OP is further directed to pay Rs.2,000/- as compensation in favour of the complainant within 1 month from this date.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
........................................
MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) ( MILLIKA SAMADDAR)
