Before the District Consumer Disputes Redressal Commission, Rohtak.

Consumer Complaint No. 640

Instituted on   :  08.11.2023

Decided on     :  19.11.2024

DayaNand s/o Sh. Pahlad Singh Age 66 years, r/o House No.D-19, Sector 35, Suncity, Rohtak.

                                                                                      ….Complainant

Vs.

General Manager, Haryana Roadways, Rohtak Depot, Rohtak.

……Opposite Party.

COMPLAINT UNDER CONSUMER PROTECTION ACT.

BEFORE: SH. NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJDENER SINGH, MEMBER.

Present:       Sh. Amit Kumar Jain, Advocate for the complainant.

                   Sh. Ashish Tehlan, ADA for the opposite party.

                                      ORDER

SH. NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the present complaint, as per the complainant are that he visited Rewari from Rohtak on 02.09.2023 and purchased ticket no.00036, conductor code ID-C89 and driver code no.ID D-352 and the conductor issued the ticket for senior citizen for Rs.53/- only.  Complainant returned home on the same day and the conductor of bus no.HR46GV9163 vide ticket no.62023000 charged Rs.55/- only. It is further submitted that it was strange that one conductor charged Rs.53/- and the other charged Rs.55/- for the same route on the same day. The complainant served a notice vide Ref. No.9135/2023 dated 27.09.2023 to the respondent but in vain. The respondent had not taken any action against the erring conductor. The respondent should replied about the correct fare of senior citizen from Rohtak to Rewari and vice versa. The opposite party has not given any reply of his notice that whether the fare was charged less or more by the erring conductor and any action was not taken by the opposite party against the erring conductor. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it has been prayed that opposite party may kindly be directed  to pay the amount of Rs.500000/- for causing mental tension, financial loss & harassment and Rs.33000/-  as legal expenses to the complainant.

2.                Notice of the present complaint was issued to the opposite party. Opposite party appeared and filed its written reply. Opposite party in its reply has taken some preliminary objections  submitting therein that the complaint is bad for non-joinder of necessary party i.e. State of Haryana through Collector, Rohtak, Conductor and Driver of Bus No.HR46-GV-9163 and Bus no.HR46GV-2708 respectively. The complainant also failed to array Director General State Transport Haryana, Chandigarh as well as head of E-ticketing machines.  On merit of the case, it has been submitted that the total fare for the journey from Rohtak to Rewari and vice-vesa is Rs.105/-.The complainant had to purchase ticket under the concession of  Senior Citizen and the fare for the journey from Rohtak to Rewari and vice versa after concession of Senior Citizen would be in round figure amounting to Rs.55/- as per instructions no.1067 dated 07.04.2023 issued by Director General State Transport, Haryana Chandigarh.  The ticket no.00036 which is attached with the present complaint was not issued to the complainant but the same was issued to any child passenger.  The concession to child and Senior citizen is not identical and are totally different from each other.The complainant may be put to strict proof of issuing of ticket no.00036 to himas the bare perusal of the ticket clarified that it was issued to any child passenger travelling in that bus. It is also submitted that office of the opposite party has written letter no.3070/C1 dated 06.02.2024 and in pursuant thereto the complainant appeared before the opposite party on 09.02.2024. The complainant was informed all about the incident and about the ticket no.00036 which was issued to child passenger and also about the fare of senior citizens of Rs.55/- for the journey from Rohtak to Rewari and vice-versa but all in vain. The complainant in his complaint nowhere mentioned that there was deficiency in service on the part of opposite party. All the other allegations of complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs. 

3.                 Learned counsel for the complainant tendered affidavit Ex.C1, documents Ex.CW1/A to Ex.CW1/Bin his evidence and closed the same on 12.04.2022. On the other hand, learned counsel for the opposite party has tendered affidavit Ex.RW1/Aand closed his evidence on dated 12.08.2024. 

4.                We have heard the arguments of learned counsels for both the parties, perused the documents placed on record and have gone through the material aspects of the case very carefully.

5.                In the present case the grievance of the complainant is that  when he visited Rewari from Rohtak on 02.09.2023, the conductor issued the ticket for senior citizen for Rs.53/- only but on the same day, the conductor charged Rs.55/- for return ticket from Rewari to Rohtak. In this way, the opposite party has charged excess amount from the complainant for the same route on the same day. Hence there is deficiency in service on the part of opposite party and through this complainant, the complainant has demanded an amount of Rs.500000/- as compensation on account of mental tension, financial loss and harassment and Rs.33000/- on account of legal expenses.

6.                We have minutely perused the documents placed on record by both the parties.  As per copy of ticket placed on record as Ex.CW1/B-1, the opposite party has charged Rs.55/- and as per Ex.CW1/B-2, opposite party has charged Rs.53/-.   The perusal of Ex.CW1/B-2 shows that the same ticket is issued for a child and not for senior citizen. Other ticket i.e. CW1/B-1 is of Rs.55/-, which is issued for senior citizen. As per the complainant he is of 66 years old and Rs.55/- have been charged from him on account of return ticket. On the other hand, opposite party had placed on record a circular ‘Annexure-I’alongwith affidavit filed by Sh. Satbir Inspector. As per the circular Annexure-I, dated 07.04.2023 , the Govt. has directed to round off the fare charges upto Rs.5/- if the fare is more than Rs.25/-. As per reply filed by the opposite party, it has been clarified that  total fare of Rohtak to Rewari is Rs.105/- and after giving 50% discount to senior citizen concession, the discounted fare comes to Rs.52.50 and since the discounted fare of Rs.52.50 has a fraction of Rs.2.50/-, the same it rounded upto Rs.5/-, resulting in a final fare of Rs.55/-. As such, there is no deficiency in service on the part of opposite party and the present complaint stands dismissed with no order as to costs.

7.                Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

19.11.2024

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                                                          Nagender Singh Kadian, President

                                                          ………………………………..

                                                          TriptiPannu, Member.

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                                                          Vijender Singh, Member