Haryana

Ambala

CC/182/2020

Sandeep Kumar Saini - Complainant(s)

Versus

G.M Haryana Roadways - Opp.Party(s)

27 Jul 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                         Complaint case no.         :  182 of 2020

                                                                         Date of Institution           :   09.09.2020

                                                                         Date of decision              :   27.07.2021.

 

Sandeep Kumar Saini son of Shri Rulda Ram resident of H.No.363, New Vashisht Nagar, Babyal Road, Ambala Cantt (Haryana).

……. Complainant.

 

General Manager, Haryana Roadways Ambala Depot, Hissar Road, Ambala (Haryana).

 

                                                                    ….…. Opposite Party.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Complainant in person.

Shri Raja Ram Clerk, Authorized representative for the OP.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To pay the bus pass amount of Rs.14,015/- alongwith interest @ 18% per annum from the date of issuance of the bus pass.
2. To pay Rs.2,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.1,000/- as litigation expenses.
382.  

                   Any other relief which this Hon’ble Commission may deem fit.

 

                   Brief facts of the case are that the complainant had deposited Rs.14,015/- with the OP for issuance of Haryana Roadways Bus Pass for travelling from Ambala Cantt. to Chandigarh & back, for the period from 11.03.2020 to 10.09.2020 i.e. for 184 days. The OP issued Bus Pass No.ABL/36649/GBP/3452266 to him.  Due to COVID 19 pandemic, no bus services was provided for Chandigarh by the Haryana Roadways as such he could not avail the bus pass service from 11.03.2020, till date. Complainant visited the bus pass office, Ambala Cantt, several times regarding refund of the bus pass charges, but could not get any response. Complainant has also submitted request application for refund of bus pass charges to the GM office, Ambala on 10.08.2020 & 25.08.2020 respectively, but not received any reply from the said office. By not refunding the bus pass charges, the OP has committed deficiency in service. Hence, the present complaint.

2.                Upon notice, the OP appeared and filed written version and has raised preliminary objections regarding maintainability and cause of action. On merits, it is stated that due to Corona Virus pandemic, the first Nationwide Lockdown was promulgated w.e.f. 24.03.2020. The operations of buses were continued as usual upto 22.03.2020. The special bus services were started w.e.f 15.05.2020. Therefore, the buses started plying from the month of May, 2020 and were fully operationalized to its 100% capacity from 06.08.2020. Therefore the averment made by the complainant that he did not use the bus pass from 11.03.2020 onwards is not sustainable. It is further stated that the office of OP vide its letter No.474/Pass Clerk dated 17.08.2020 and 525/Pass Clerk dated 03.09.2020 asked for the directions from the office of the Director State Transport Haryana, Chandigarh, in this matter which is pending. It is also stated that as per the guidelines issued by the office of Transport Commissioner Haryana, Chandigarh, regarding the issuance of bus pass, it is neither transferable nor refundable. The rest of the allegations levelled by the complainant were denied for want of knowledge and prayer has been made for dismissal of the present complaint.

3.                Rejoinder has been filed by the complainant. In the said rejoinder complainant has reiterated the same facts as mentioned in the complaint.

4.                Authorized Representative for the complainant tendered affidavit of the complainant as Annexure CA along with documents as Annexure C-1 to C-7 and closed the evidence. On the other hand, authorized representative for the OP tendered affidavit of Shri Parvinder Kumar son of Shri Bant Ram, working as on Pass Clerk in the office of General Manager, Haryana Roadways, Ambala as Annexure OP-A along with documents Annexure OP-1 to OP-3 and closed the evidence.

5.                 We have heard the complainant and authorized representative for the OP and carefully gone through the case file. We have also gone through the written arguments filed by the complainant and also the documents annexed along with the written arguments.

6.                Complainant has submitted that he had paid Rs.14,015/- to the OP for issuance of bus pass for the period from 11.03.2020 to 10.09.2020 i.e. 184 days, for travelling from Ambala Cantt. to Chandigarh & back. The OP issued a bus pass No.ABL/36649/GBP/3452266 in his favour. However, due to Covid-19 pandemic, the Chandigarh Administration suspended the Interstate bus operation on 23.03.2020 and the same was resumed on 10.06.2020. Ambala-Chandigarh route was functional only for three days i.e.10.06.2020 to 13.06.2020 and he availed the bus service for the said three days. Due to sudden increase in the corona virus cases, the bus service was again suspended and was resumed on 16.09.2020. On 30.06.2021, OP refunded him an amount of Rs.5,485/- for the period from 21.03.2020 to 31.05.2020 i.e. for 72 days only. His bus pass was valid for 184 days and he had used the bus pass for 13 days only and as such he is entitled to get refund of the amount for 171 days. On 30.06.2021, the OP had refunded him an amount of Rs.5485/- for 72 days, therefore, he is still entitled to get the refund of the amount for 99 days more. Since, he had paid Rs.14,015/- for 184 days, therefore he is entitled to get Rs.76.16 per day in this way the OP is liable to pay Rs.7539.84 to him for 99 days. To corroborate his contention, the complainant has appended certain documents along with the written arguments filed by him. The said documents are marked as ‘A to H’. It may be stated here that the contention of the complainant has not been controverted by the OP. Moreover, no reason whatsoever has been given by the OP, as to why it had not refunded the entire amount during which the bus service was suspended. As such we find force in the contention of the complainant and hold that the complainant is entitled to get Rs.7539.84 round of Rs.7,540/-.  By not paying the said amount the OP has committed deficiency in service and is thus not only liable to refund the amount of Rs.7,540/- to the complainant but is also liable to compensate him for the mental agony and physical harassment suffered by the complainant alongwith litigation expenses. 

7.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund Rs.7,540/- to the complainant. 
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant alongwith litigation expenses.

 

                   The OP is further directed to comply with the aforesaid direction within the period of 45 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 5% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 27.07.2021.

 

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)         (Neena Sandhu)

              Member                                  Member                       President

                                                                                            DCDRC, Ambala