Chandigarh

DF-II

CC/269/2020

Ashish Kumar - Complainant(s)

Versus

Chandigarh Transport Undertaking - Opp.Party(s)

In Person

12 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	269 of 2020
Date  of  Institution	:	08.07.2020
Date   of   Decision	:	12.01.2023

 

 

 

 

 

 

Ashish Kumar aged 37 years, presently resident of House No.3293, Housing Boarding Colony, Dhanas, Chandigarh 160014

 

             …..Complainant

 

Versus

Chandigarh Transport Undertaking, Plot No.701, CTU Building, Industrial Area, Phase-1, Chandigarh.

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

MRS.PRITI MALHOTRA             MEMBER 

                    MR.B.M.SHARMA                     MEMBER

                               

Argued by  : Complainant in person.

   Sh.Shri Ram, Govt. Pleader for OP

 

PER PRITI MALHOTRA, MEMBER

 

         Concisely put, the complainant obtained a Bus Pass bearing No.201778147 from OP for a period of 3 months valid from 23.2.2020 to 22.05.2020 on payment of requisite charges. It is stated that due to imposition of Janta curfew on 22.3.2020 and then imposition of nationwide lockdown by the Govt. of India upto 31.5.2020, which was further extended, there was no operation of CTU-OP Buses upto May, 2020.  Resultantly, the charges of Bus Pass for two months upto May, 2020, already paid in advance to OP, remained unutilized as the OP did not provide any service during that period.  Therefore, the complainant vide letter dated 19.5.2020, followed by reminders through e-mails, requested the OP to refund the bus pass charges of Rs.1860/- paid to it for 2 months for transportation service as the services of OP was not available during that period (Ann.C-1).  However the OP neither replied to the request of complainant nor refunded the demanded amount. It is submitted that even Indian Railways have refunded the full amount of tickets booked before and during lockdown period.  Hence, this complaint has been filed against OP.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case about issuance of Bus Pass to complainant valid from 23.2.2020 to 22.5.2020, stated that the complainant availed the bus services from 23.2.2020 and thereafter, a nationwide lockdown was ordered by Govt. of India, as a result, there was no operation of CTU Bus Service from 24.3.2020 to 20.5.2020. Thereafter, on 21.5.2020, CTU-OP started bus service with 50% seating capacity and in order to give relief to the passengers, who were already got issued the passes by Sampark Centre, the OP extended the validity of existing bus passes proportional to the non-operational period vide notification dated 13.8.2020 (Ann.A).  It is submitted that the bus services were not provided due to nationwide lockdown and after resuming the bus service, the complainant was duly replied & intimated about the said notification dated 13.8.2020 vide email dated 18.8.2020 (Ann.B). Lastly, it is prayed that the complaint be dismissed.

 

3]       Replication has also been filed by complainant controverting the assertions of OP as made in its reply. 

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the complainant, Ld.Govt. Pleader for OP and have perused the entire record including written arguments.  

 

6]       It is undisputed that Bus Pass for a period of 3 months effective from 23.2.2020 to 22.05.2020 was issued by OP in favour of complainant on receipt of requisite charges. It is also undisputed that the complainant could use the said pass only for one month i.e. upto 23.3.2020 thereafter, due to imposition of nationwide lockdown as per Govt. of India instructions due to Covid-19 pandemic, the operation of OP Buses remained suspended and the pass could not be utilized by the complainant for the remaining  period.  As no services were provided by OP for said period of two months, so the complainant is held entitled for refund of pass fare for said unutilized period of two months, request for which has wrongly been turned down by the OP.

 

7]       The notification dated 13.8.2020 (Ann.A) vide which the OP extended the validity of existing bus passes proportional to the non-operational period is not made known to the complainant as it is very late in time, whereas the validity period of the pass in question got expired on 22.5.2020.  It has been observed that the OP also failed to place on record any document as to when their bus services got resumed.  We are of the concerted opinion that the very purpose of the complainant to get the bus pass for the relevant period may have been defeated, so the OP cannot force the benefit of the pass to the complainant for another period, which may not be suitable to the complainant or his requirement to get the pass period extended may be no more or non-existing.

 

8]       From the above discussion and findings, we are of the opinion that present complaint deserves to be allowed. Accordingly, the complaint is allowed with direction to the Opposite Party to refund the balance pass fare of two months to the complainant.

         This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order, failing which it shall be liable to pay cost of Rs.4000/- also apart from the above relief.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

12^th January, 2023                                                                           

Sd/-

 (AMRINDER SINGH SIDHU

PRESIDENT

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER