Chandigarh

DF-II

CC/252/2021

Ashok Kumar Prajapat - Complainant(s)

Versus

Fare Calculator Officer - Opp.Party(s)

In Person

04 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	252 of 2021
Date  of  Institution	:	16.04.2021
Date   of   Decision	:	04.05.2023

 

 

 

 

 

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

            …..Complainant

 

Versus

 

General Manager, Transport Department, Chandigarh Transport Undertaking, Industrial Area Phase-1, near Office of S.D.M. (East), Chandigarh 160002

     ….. Opposite Party

 

 

BEFORE:  MR.AMRINDER SINGH SIDHU       PRESIDENT

        MR.B.M.SHARMA                  MEMBER

                               

Argued by   :  Complainant in person.

    Sh.Shri Ram, Govt. Pleader for OP

 

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

 

          The complainant filed present complaint pleading that the complainant on 16.10.2020 travelled through OP Bus/Transport and undertook the journey from Chandigarh to Dehradun and Dehradun to Chandigarh and paid fare of Rs.331/- & Rs.290/- respectively.  It is stated that the fare for the above said to & fro journey should have been equal but the OP has charged it differently i.e. Rs.331/- for Chandigarh to Dehradun journey and Rs.290/- for Dehradun to Chandigarh journey.  It is submitted that the complainant agitated this matter before the OP and also written letter in this regard, but they did not pay any heed.  Therefore, the present complaint has been filed alleging the above said act & conduct of the OP as deficiency in service and unfair trade practice.

 

2]      After service of notice upon the OP, the OP appeared and filed its written version and while admitting the factual matrix of the case, stated that the OP Transport is charging the bus fare from the passengers as per Fare Notifications issued by the respective states where the buses are in operation.  It is submitted that due to Covid-19, the bus service in Uttarakhand State were closed and due to Covid-19, Uttarakhand State has increased the bus fare vide its Fare Notification dated 24.6.2020 (Ann.A) till the period of Covid-19.  It is also submitted that on resumption of public transport in the Uttarakhand State, the answering OP resumed services in Uttarakhand State on 16.10.2020. It is pleaded that in the instant case, the Bus No.CH01GA-9954 was plied on 16.10.2020 on route from Chandigarh to Dehradun i.e. in the Uttarakhand State and the conductor has issued the tickets @Rs.331/- per ticket from Chandigarh to Dehradun as per fare notification of respective States and the tickets were issued to the passengers through Electronic Ticketing Machine.  It is submitted that after reaching at Dehradun, some other passengers raised the issue that the fare is being wrongly charged and have been reduced by Uttarakhand State, then after getting confirmation at Dehradun Bus Stand itself, the conductor stopped giving tickets from ETMs and started charging actual fare of Rs.290/- per passenger through manual tickets. It is pleaded that no notification was received by the answering OP on said matter and the same was got collected on raising of issue by the passengers and immediately the OP rectified the same and amended the software accordingly in the ETMs with exact fare. It is also pleaded that the OP Undertaking being Public Transport is complying all the rules & regulations issued by the Chandigarh Administration. Pleading no deficiency in service or unfair trade practice and denying other allegations, the OP has prayed for dismissal of the complaint.

 

4]      Parties led evidence in support of their contentions.

5]      We have heard the complainant in person, ld.Govt. Pleader and have perused the entire record including written arguments.

6]      The OP has not disputed the different fare of Rs.331/- & Rs.290/- for the route Chandigarh to Dehradun and Dehradun to Chandigarh and thereby overcharged fare of Rs.41/- (Rs.331/- minus Rs.290/-) from the complainant for Chandigarh to Dehradun route.  The overcharging of fare for the same route from the complainant amounts to unfair trade practice on the part of Opposite Party. Therefore, the complaint deserves to succeed.

 

 

7]      Taking into consideration the above discussion & findings, we are of the opinion that unfair trade practice on the part of Opposite Party has been proved.  Therefore, the present complaint is allowed against the OP. The OP is directed to pay a lumpsum amount of Rs.4000/- (Four Thousand Only) to the complainant towards compensation for harassment, overcharged amount and litigation cost.

        This order be complied with by the OP within 60 days from the date of receipt of its certified copy.

8]      The pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced

04^th May, 2023                                                                            

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER