Chandigarh

DF-II

CC/649/2022

ASHOK KUMAR PRAJAPAT - Complainant(s)

Versus

GENERAL MANAGER, FARE CALCULATOR AND CONDUCTOR OF SAID BUS IN HARYANA ROADWAY, DEPOT -FATEHABAD, HAR - Opp.Party(s)

20 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	649  of 2022
Date  of  Institution	:	31.08.2022
Date   of   Decision	:	20.02.2024

 

 

 

 

 

Ashok Kumar, Resident of Village Mohalla, District Hisar (Haryana) 125042

             …..Complainant

 

Versus

 

1]  Director General, (Fare Collection & Fare Calculation Officer), Haryana State Transport, Fatehabad 125050

 

2]  Director, Haryana State Transport, 30 Bays Bhawan, Sector 17, Chandigarh 160017

     ….. Opposite Parties

 

 

BEFORE:      MR.AMRINDER SINGH SIDHU,  PRESIDENT

                            MR.S.K.SARDANA            MEMBER

 

Present:-       Complainant in person

Sh.Surender, Representative of Ops along with sh.A.P.S.Virk, (ADA)

 

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

 

1]       By this common order, we propose to dispose off two connected consumer complaints i.e. present consumer complaint as well as another consumer complaint No.711 of 2022 – Ashok Kumar vs. Director General, Haryana State Transport & Anr..

2]       The facts are gathered from C.C.No.649/2022 – Ashok Kumar vs. Director General, (Fare Collection & Fare Calculation Officer), Haryana State Transport & Anr.

3]       The complainant has filed the present complaint pleading that the complainant on 10.03.2021 travelled in the Bus of OP Transport from Chandigarh to Kaithal on purchase of ticket for an amount of Rs.160/- which includes toll tax.  It is averred that the OPs should have charged only an amount of Rs.147/- as fare from him for the said journey from Chandigarh to Kaithal but they charged Rs.160/- against it and in this way, the OPs charged excess fare of Rs.13/- from the complainant.  The complainant reported this matter to the OPs but they did not pay any heed.  Hence, this complaint has been filed alleging the said act & conduct of OPs as deficiency in service and unfair trade practice.

4]       After notice of the complaint, the OPs have put in appearance and filed written version stating that no unfair ticket fare charge has been collected from the complainant for his travel from Chandigarh to Kaithal. It is stated that during the travelling from Chandigarh to Kaithal, it covers U.T. Chandigarh territory at 10 K.M. Punjab territory for 31 K.M and Haryana territory for 90 K.M.  It is submitted that the fare for Chandigarh Territory 10x2.00 (fare at the rate of 2.00 per Km) is calculated as 10x2.00= Rs.20/ -, for Punjab Territory 31x1.22 (fare at the rate of 1.22 per Km.) is calculated as 31x1.22= 37.82+3(toll tax) = Rs. 40.82/- and as per Punjab Notification collected as Rs.40/- and fare for Haryana Territory 90x1.00 (fare at the rate of 1.00 per Km.) is calculated as 90x1.00-90+12 (toll tax)=Rs.102/- including toll tax (Ann.R-1) and in this way, the complainant has rightly been charged fare of Rs.160/-.  It is also submitted that fare charges were collected including the toll charges as no directions/guideline were issued by Haryana Government for non-collection of toll tax. It is pleaded that fare table was issued by Fatehabad depot in directions of the Transport Department, Haryana which was effective from 20.5.2020 (Ann.R-1) and till date fare table is effective. It is also pleaded that as the Transport Department is body established for public service, it is not practicable to make frequent changes in fare charges/toll tax at such hypothetical situation and no such changes can be made by administrative authority until it is directed by Govt. Denying other allegations, it is prayed that the complaint be dismissed.

5]       Parties led evidence in support of their contentions.

6]       We have heard the complainant in person, Representative of OPs and have perused the entire record including written arguments.

7]       After going through the pleading of the parties and documents on record, it is observed that there is merit in the contentions of the OPs that during the travelling from Chandigarh to Kaithal, it covers U.T. Chandigarh Territory, Punjab Territory and Haryana territory and the fare of Rs.160/- for the said travel including toll tax has rightly been charged by the Opposite Parties.

8]       Further, the complainant has failed to establish his case of excess charging fare from him by the OPs for the journey from Chandigarh to Kaithal on said date by leading reliable and convincing documentary evidence. Moreover, the complainant’s own self-calculations are not sufficient to hold the OPs liable for alleged over charging of fare from him.  

9]       Similar facts have been pleaded in another connected complaint and similar evidence has been led in it.  Therefore, in both these cases, no case of alleged deficiency in service is made out on the part of OPs.  

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

11]      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