Chandigarh

StateCommission

A/163/2024

ASHOK KUMAR S/O SH DALBIR SINGH - Complainant(s)

Versus

DIRECTOR, STATE TRANSPORT HARYANA - Opp.Party(s)

Appellant (In person)

21 Aug 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	163 of 2024
Date of Institution	19.04.2024
Date of Decision	21.08.2024

 

Ashok Kumar S/o Sh. Dalbir Singh, R/o Village Mohla, District Hisar, Haryana - 125042.

.…..Appellant/Complainant

Versus

1. Director General, Haryana State Transport, 30 Bays Building, Sector 17, Chandigarh 160017.
2. Director, Punjab Health Department, Sector 34, Chandigarh 160034.

 

                                                          .…..Respondents/Opposite Parties         

BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                SH. RAJESH K. ARYA, MEMBER

               

Argued by:  Sh. Ashok Kumar, Appellant (on V.C).

                  Sh. Amanpreet Singh Virk, Govt. Pleader for the  Respondent(s), along with Sh. Satish Kumar, Clerk O/o G.M., Haryana Roadways, Jind.

                  

                       

PER RAJESH K. ARYA, MEMBER

              This instant appeal has been filed by the complainant – Ashok Kumar (appellant herein) against order dated 20.02.2024, rendered by District Consumer Disputes Redressal Commission-II, U.T., Chandigarh, (hereinafter to be called as the District Commission only), vide which, his Consumer Complaint No.442 of 2020 has been dismissed.

2. The facts, in brief, are that on 11.3.2019, the complainant travelled in the Bus of opposite party No.1 from Ambala city to Chandigarh border by paying Rs.45/-. It was stated that the Conductor of the bus refused to stop the bus at the border of Chandigarh and told him that the stoppage of the bus is firstly at Zirakpur and then Chandigarh only.  As a result, the appellant gets off from the Bus at Zirakpur while there was rain. It was further stated that there was no Bus Shelter and he also felt the problem of smoking in the open. It was further stated that the appellant had to take Auto to reach his destination i.e. Chandigarh border by paying extra amount of Rs.20/-. It was further stated that every bus has to stop at Chandigarh border. It was further stated that the appellant could have travelled from Ambala City to Chandigarh border in the same fare of Rs.45/- which could not be done due to negligence of Conductor of opposite party No.1.  The appellant reported this matter to opposite party No.1 but nothing effective was done.
3. Opposite party No.1 (respondent No.1 herein)      contested the complaint by filing reply wherein it pleaded that the fare for the route Ambala to Chandigarh has been fixed at Rs.45/- and the passengers are dropped at the designated Bus Queue Shelter at Zirakpur.  It was further stated that about any alleged problem of smoking in open area at Zirakpur, opposite party No.1 was not liable as the Zirakpur area fell under the jurisdiction of Punjab. It was further stated that the complainant was rightly charged Rs.45/- for his travel in the bus from Ambala to Zirakpur.  It was further stated that in response to the complaint received, the matter was investigated and the complainant was called to join the proceedings but he did not turn up, which showed that his complaint was baseless and false. 
4. Opposite Party No.2 though had put in appearance before the District Commission but when it failed to file written version within stipulated time, the defence of opposite party No.2 was struck off by the District Commission vide order dated 11.04.2023.
5.           The parties led evidence in support of their case.
6. After hearing the Counsel for the parties and on going through the evidence and record of the case, the District Commission, dismissed the complaint against the Opposite Parties, as stated above.
7. After giving our thoughtful consideration to the contentions advanced by the parties and the evidence on record, we are of the considered opinion, that the appeal is liable to be dismissed for the reasons to be recorded hereinafter.
8. The only grievance of the appellant/complainant is that on 11.3.2019, when he was travelling in the Bus of opposite party No.1 from Ambala city to Chandigarh border by paying Rs.45/-, the Conductor refused to stop the bus at the border of Chandigarh, as a result, the appellant gets off from the Bus at Zirakpur while there was rain where he also felt the problem of smoking in the open. It may be stated here that per record, it is evident that the appellant was correctly charged a fare of Rs.45/- by the respondents for his travel from Ambala to Zirakpur. However, his primary grievance was that for the same fare, he believed that he could have been able to travel up to the border of Chandigarh, a claim which respondent No.1 had denied, instead dropping him at Zirakpur. The appellant, however, failed to provide evidence of a specific designated Bus Queue Shelter at the Chandigarh border where he was supposed to be dropped, as opposed to the designated Bus Queue Shelter at Zirakpur. Furthermore, regarding his claim of experiencing discomfort due to smoking in the open area at Zirakpur, he did not substantiate this claim by leading any documentary evidence. The appellant also did not provide any evidence to support the claim that this discomfort was caused by the roadways' negligence or failure in service. Therefore, no deficiency in service could be attributed to the roadways regarding the alleged discomfort due to smoking in an open area. As such, the District Commission has rightly dismissed the complaint of the appellant. Therefore, we find the order passed by the District Commission to be just and fair and no interference is called for in the same.
9. For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, with no order as to costs. The order of the District Commission is upheld.
10. Certified copies of this order be sent to the parties free of charge.
11. File be consigned to Record Room after completion.

Pronounced.

21.08.2024

                                                

                                                                                   

[JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

                                                                               

 [RAJESH K. ARYA]

MEMBER

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