Chandigarh

DF-II

CC/644/2022

ASHOK KUMAR PRAJAPATI - Complainant(s)

Versus

DIRECTOR, CTU - Opp.Party(s)

20 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	644 of 2022
Date  of  Institution	:	31.08.2022
Date   of   Decision	:	20.02.2024

 

 

 

 

 

Ashok Kumar Prajapat, R/o Village Mohalla, District Hisar (Haryana) 125042

             …..Complainant

 

Versus

Director, Chandigarh Transport Undertaking, Industrial Area Phase-1, near Office of SDM (East), Chandigarh 1609002

 

     ….. Opposite Party

 

BEFORE:      MR.AMRINDER SINGH SIDHU,  PRESIDENT

                            MR.S.K.SARDANA            MEMBER

 

Present:-     Complainant in person

Sh.Sachin Dhillon, Govt. Pleader for OP

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.), LLM, PRESIDENT

                   The complainant has filed the present complaint pleading that the complainant on 03.01.2021 travelled in the Bus of OP from Derabassi (Punjab) to Ramgarh (Haryana) by paying fare of Rs.20/-.  It is stated that the actual fare to be charged by the OP for the said journey was Rs.10/- but that OP still charged Rs.20/- as fare from the complainant and thereby charged excess fare of Rs.10/-.  The complainant brought this matter to the notice of OP but the OP did not pay any heed.  Therefore, the present complaint has been filed alleging the said act of the OP as deficiency in service.

 

2]       After service of notice, the OP appeared and filed written version stating that the due to spread of Covid-19 pandemic, the office of Advisor to the Administrator, U.T.- Cum-Chairperson, State Executive Committee of State Disaster Management Authority, U.T ., Chandigarh passed an Order No.13180-HIII(5)/2020/5087 dated 18.05.2020 whereby it was directed that "All Non-Ac buses will be operated in Tri-City with the consent of the neighboring states. There will be a flat rate of Rs.20/- per ticket and the buses will run with 50% capacity only and necessary social distancing norms will be followed." (Ann.OP/1) and this order remained enforced till 22/01/2021 when the Transport Secretary, Chandigarh Administration vide letter dated 22/01/2021 directed to operate CTU buses to the full sitting capacity and to charge the fare as per notification No. 1/5/36/H-III(7)/2020/906.  It is submitted that the complainant was rightly charged Rs.20/- as fare from Derabassi to Ramgarh in CTU Bus on the said date-03.01.2021. Pleading no deficiency in service and denying other allegations made in the complaint, the OP has been prayed for dismissal of the complaint.

 

4]       Parties led evidence in support of their contentions.

5]       We have heard the complainant in person, Representatives of the contesting OPs and have perused the entire record.

 

6]       From the pleading of the parties and documents on record, it is observed that the OP has rightly charged fare of Rs.20/- from the complainant on 03.01.2021 for the said journey undertaken by him in the Bus of OP from Derabassi to Ramgarh as per Order No.13180-HIII(5)/2020/5087 dated 18.05.2020 (Ann.OP-1).

 

7]       The Order No.Traffic/S-H/CTU/2014/304, dated 26.11.2014 issued by G.M., Chandigarh Transport Undertaking, Chandigarh, so relied upon by the complainant, is not applicable to the case of the complainant because in the said order the limit of MC.s has been considered as Tri-City for the purpose of concessional bus passes and validity area of daily bus passes, whereas the complainant did not undertake the said journey on any pass issued by the OP. Therefore, no case of alleged deficiency in service is made out on the part of OP.

 

8]       In view of above discussion & findings, the present complaint stands dismissed being without merit.  No order as to costs.

9]       Pending application(s) if any, stands disposed of accordingly.

         The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

20.02.2024                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(S.K.SARDANA)

MEMBER