Haryana

Ambala

CC/222/2018

Gurjinder Singh - Complainant(s)

Versus

GM Haryana Roadways - Opp.Party(s)

17 Oct 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA.

                                    

                                                          Complaint case No.:  222 of 2018.

                                                          Date of Institution           :   19.07.2018.

                                                          Date of decision    :   17.10.2019

Gurjinder Singh son of Sh. Jarnail Singh, resident of Village Sounta, Tehsil & District Ambala.

  ……. Complainant.

                                                Versus                                     

1.       General Manager, Haryana Roadways, Ambala.

2.       General Manager, Haryana Roadways, Chandigarh.

3.       General Manager, Haryana Roadways, Kurukshetra.

4.       General Manager, Haryana Roadways, Jind.

5.       Director, Haryana Roadways, Haryana, 30 Bays Building, Sector-17, IInd Floor, Chandigarh.

       ….Opposite Parties.

 

Complaint U/s 12 of the Consumer Protection Act, 1986.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

 

Present:       Shri Mewa Ram, Advocate, counsel for the complainant.

Shri Satish Yadav, Additional District Attorney, for OPs.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. Not to charge excess amount as fair.
2. To stop the buses at proper bus stop to avoid difficulties to the passengers.
3. To pay Rs.50,000/- as compensation for mental torture, harassment and financial loss to the complainant.
4. To pay Rs.20,000/- as cost of litigation.
   382.  

 

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

 

Brief facts of the case are that the complainant usually goes to Ambala and Zirakpur (Punjab) for his work. He used to travel by Haryana Roadways Buses, passes through Thol village, situated on main Highway of Ambala-Hisar Road. He purchased the following few tickets of the Haryana Roadways Buses from Thol Bus stop to go to Ambala and Zirakpur:

Date	Ticket No.	Amount Charged
21.06.2018	837191 of HR Jind Bus No.HR-56A-8428	Rs.30/-
30.06.2018	614116 of HR Chandigarh Bus No.HR-68A-9822	Rs.30/-
06.07.2018	614180-81-82 of HR Jind Bus No.HR-56-8186. Bus No.HR-56A-6189 Bus No.HR-56A-5567	Rs.75/-

 

The conductors of the buses used to charge more than the actual fare as they used to charge Rs.30/- instead of Rs.25/-, from Ambala to Thol and Rs. 75/- instead of Rs.70/- from village Thol to Zirakpur and they were reluctant to stop the buses at Thol Bus Stop, due to which the passengers had to face difficulties. Complainant had approached the concerned authorities for redressal of his grievances but nothing fruitful has come out. By charging excess amount than the actual fare, the employees/conductors of the OPs have committed deficiency in service and also adopted an unfair trade practice.  Hence, the present complaint.

2.                Upon notice OP No.1 appeared and filed written version taking preliminary objection regarding maintainability. On merits, it is stated that bus No./ticket No.837191 of HR Jind/Bus No.HR-56-A-8428, 614116 of Chandigarh/Bus No.HR-68A-9822, 614180-81-82 of HR Jind/Bus No.HR-56-8186, HR-56-A-6189 & HR-56A-5567, submitted by the complainant is not related to OP No.1. Directions had already been issued to the drivers and conductors of all the buses of Haryana Roadways, to stop the buses at the bus stop, Thol village and they were also directed to charge the fare as per fare list. Denying other averments for lack of knowledge, prayed for dismissal of the present complaint against OP No.1.

3.                Upon notice, OPs No.2 and 5 appeared and filed written version, stating therein that complainant had purchased a bus ticket for the journey from Ambala City to Islamabad on 30.06.2018. As per fare list the fare from Ambala to Thol is Rs.25/- and Ambala City to Islamabad is of worth Rs.30/-. As the complainant purchased the ticket from Ambala City to Islamabad, so the conductor charged Rs.30/- from him as per prescribed fare. It is further stated that after receiving a complaint CM window No.34331 through the General Manager, Haryana Roadways, Kurukshetra, vide order dated 20.04.2018, directions had been issued to all the drivers and conductors to stop buses at the bus stop of Thol village for passengers and to charge the fare as per fare list. Rest of the allegations levelled by the complainant were denied for lack of knowledge and prayer has been made for dismissal of the present complaint

4.                Upon notice OP No.3, appeared and filed written statement taking preliminary objections regarding concealing of true and material facts, maintainability, no locus standi, bad for mis-joinder and non-joinder of necessary parties, no cause of action. On merits, it is stated that complainant had not attached any ticket issued by the conductor of the bus of the Kurukshetra depot or any other proof. After receiving a complaint, CM window No.34331 dated 28.03.2018 from the complainant, the OP No.3 vide order No.1124/TI dated 05.04.2018, had issued direction to the stand incharge, deputed at bus stop, Thol to ensure the boarding and alighting of passengers/students by stopping the buses of Haryana Roadways at bus stop Thol. All the checking staff of Kurukshetra depot were directed to ensure that the conductors of all the buses running on the Kaithal Chandigarh route, shall charge fare fixed by the Government from the passengers. The General Managers of Ambala, Chandigarh, Kaithal and Jind depot vide memo No.1905/TI dated 05.04.2018 were also informed about the above said complaint received through CM window and were requested to issue the necessary directions to all the drivers and conductors of Kaithal-Chandigarh route to stop their buses on the bus stop, Thol and to only charge the fare fixed by the Government from the passengers, upon which the complainant conveyed his satisfaction and the eminent citizen Sh. Jaipal and Sh.Vinit Bajaj signed the final reply for filing the complaint. No such complaint or report was ever received in the office of OP no.3. Denying other averments of the complaint, prayed for dismissal of the present complaint with costs.

5.                Upon notice OP No.4 appeared and filed written version stating therein that on filing of complaint by the complainant, order against Driver Shri Baljeet Singh 167 and conductor Shri Manoj 276 was passed. Disciplinary action against the said officials are pending. Denying other averments for lack of knowledge, prayed for dismissal of the present complaint against OP No.4.

6.                The learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents as Annexure C-1 to Annexure C-9 and closed the evidence on behalf of complainant. On the other hand, Shri Narinder Kumar, Authorized representative of OP No.1 tendered his affidavit as Annexure OP1/A alongwith documents as Annexure OP1/1 to OP1/3 and closed the evidence on behalf of OP No.1. On the other hand, Shri Avtar Singh, Authorized representative of OP No.2 & 5, tendered on record affidavit of Shri Ramesh Panchal as Annexure OP2/A alongwith documents Annexure OP2/1 to OP2/4 and closed the evidence on behalf of OP No.2 & 5. On the other hand, Shri Rajinder Kumar, Inspector, Haryana Roadways, Kurukshetra, on behalf of OP No.3, tendered his affidavit as Annexure OP3/A alongwith documents Annexure OP3/1 to OP3/6 and closed the evidence on behalf of OP No.3. On the other hand, Shri Mandeep Kumar, Clerk, Haryana Roadways, Jind Depot, tendered his affidavit as Annexure OP4/A alongwith documents Annexure OP4/1 to OP4/6 and closed the evidence on behalf of OP No.4.  

7.                We have heard the learned counsel for the parties and carefully gone through the case file.

8.                 The learned counsel for the complainant argued that in fact the actual fare from Thol to Ambala was Rs.25/- and from Thol to Zirakpur was Rs.70/-, whereas, the conductors of Haryana Roadways, had charged Rs.30/- and Rs.75/-. The conductors of the OPs by charging excess amount than the actual fare from the complainant have not only committed deficiency in service, but are also indulged into unfair trade practice.

                   The Learned Additional District Attorney, appearing on behalf of OPs argued that the complainant has not produced any document to show that as to whether Conductors of Haryana Roadways, Ambala Depot and Kurukshetra Depot i.e. OP No.1 and OP No.3, have ever charged excess amount than the actual fare from the complainant. On 30.06.2018, complainant boarded a Haryana Roadways bus of Chandigarh Depot and purchased a ticket from Ambala City to Islamabad, for which the conductor charged Rs.30/- as per prescribed fare list. He further argued that on receiving a complaint from complainant on 28.03.2018, through CM window, directions were issued to all the drivers and conductors of Haryana Roadways, to stop the buses at Thol village. Directions were also issued to checking staff to check that the Conductors shall charge the fare fixed by the Government from the passengers. He further argued that on 21.06.2018, the Conductor of the bus No.HR56A-8428 of Haryana Roadways, Jind Depot i.e., OP No.4 had charged Rs.30/- as fare from the complainant from Ambala to village Thol, instead of actual fare of Rs.25/-. On 06.07.2018, the conductor of the bus No.HR56-8186 of Jind Depot i.e. OP No.4 has also issued a ticket of Rs.75/- from Thol to Zirakpur instead of the actual fare of Rs.70/-. Departmental inquiry has already been initiated against the drivers and conductors of the said buses. All the necessary action had already been taken by the OPs & in this regard, the complainant had conveyed his satisfaction. Thus, the complainant has no occasion to file the present complaint and the same deserves dismissal. 

9.                It may be stated here that no cogent evidence has been produced by the complainant to establish as to whether the OPs No.1 to 3 have committed any deficiency in service. Thus, the present complaint filed against them is liable to be dismissed.  However, from the record it is borne out that the conductors of buses of Haryana Roadways, Jind Depot i.e. OP No.4 have charged excess amount from the complainant than the actual fare. By charging excess amount than the actual fare the conductors of the above referred buses have not only committed deficiency in service, but also indulged into unfair trade practice. As such, the OPs No.4 & 5  are liable to compensate the complainant for the wrong committed by their employees/conductors. However, they are at liberty to recover the amount of compensation from the erring officials. Taking all the facts and circumstances of the present case into consideration, we are of the view that end of justice would be met, if the OPs No.4 & 5 shall pay a lump sum amount of Rs.8,000/- to the complainant. 

10.              In view of the aforesaid discussion, we hereby dismiss the present complaint against the OPs No.1 to 3 and allow the same against OPs no.4 & 5, who are directed to pay lump sum amount of Rs.8,000/- to the complainant within 45 days from the date of receipt of the certified copy of this order. Failing which they shall pay interest @ 8% per annum on the awarded amount, from the date of filing of the complaint i.e 19.07.2018, till its realization. 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 :17.10.2019

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

              Member                             Member                            President