BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

      Complaint No.28 of 2021

      Date of Instt. 21.01.2021

      Date of Decision: 29.10.2024

Tomar Radhacharan Antaram aged about 28 years, son of Tomar Antaram, 175, Chamunda Nagar, Gandhidham, Kachch, Gujrat, 370201.

At present: R/o 16 R. C. F. Colony, Village Khambra, Jalandhar.

..........Complainant

Versus

1.       Golden Temple Express Volvo, Shop No.16 Near Nagpal       Diary, Angoori Bagh, Red Fort Delhi 110006.

2.       Branch Office, Shop No.13, Railway Station Road, Amritsar.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. S. C. Nanda, Adv. Counsel for Complainant.

                   OPs exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OP is running a transport company under the name and style of Golden Temple Express Volvo, New Delhi Pin code 110006 and is advertized that they are providing proper service to the passenger from Delhi to Punjab upto Amritsar and by Going through the advertisement, the complainant approached the OP for a booking of his seat in the bus from Delhi to Jalandhar for 03.01.2021 and a sum of Rs.524/- was the price of the ticket. It was also mentioned in their catalogue that the respondent provides safe and peaceful journey including A.C, Seater, Sleeper, through the transport and also provides amenities like charging of mobile, personal Television facility, Blankets, water Bottles, and Toilet etc. The time of departure of the bus from Delhi was 10 PM and reaching time at Jalandhar was 6 A.M. The respondent also mentioned and informed the complainant on telephone that the up place of the complainant is Karnal Byepass, but the complainant was informed that the respondent will pick up by the bus of the respondent at Majnu Ka Tilla IOC petrol Pump Delhi and the same was informed by the respondent later on. Which also cause Great Inconvenience and difficulty to complainant because the place of picking up the complainant was entirely to opposite direction of Karnal Byepass i.e. Majnu Ka Tilla IOC petrol pump and for that purpose the complainant has to arrange the Taxi which also cost Rs.600/- for reaching picking point Majnu Ka Tilla New Delhi which was inform later on by the respondent. The complainant boarded the bus number UP 81 CT 4853 and Mobile No. of Driver of the Bus is 9876509691. When complainant boarded in the bus it was not Volvo bus it was normal bus of TATA which was not at all comfortable as per the assurance given by the respondent that bus will be Volvo. During the course of journey from Delhi to Jalandhar no Television was provided at the seat of the complainant and the complainant then on the way demanded for the water Bottle for drinking as the complainant was feeling thirsty but the same was also not provided by the respondent, the complainant then asked the respondent's driver and conductor that he needs water bottle as he is feeling thirsty but the respondent clearly told that no water bottle is provided in the bus it is for the traveler to arrange the same. The complainant then asked the respondent if this facts was disclosed by the respondent at the time of boarding the bus he would have arrange the water bottle during the course of journey, so if they are not providing the water bottle, then stop the bus at some other place so that the complainant can purchase the bottle but the respondent refused that bus will not be stopped in between the Delhi to Jalandhar, the complainant told the respondent that he is feeling thirsty and he immediately required water, but by not providing water by the respondent, the condition of the complainant started deteriorating and he became unconscious on account of not availability of water during the journey, it cause great difficult, mental tension, physical torture, the complainant remained thirsty throughout the journey, all the act of the respondent caused great mental tension and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay an amount of Rs.2,30,524/- with interest @ 12% per annum as a compensation for causing mental tension and harassment and Rs.30,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, but despite service both the OPs failed to appear and ultimately OPs were proceeded against exparte.

3.                In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.

4.                 We have heard the learned counsel for the complainant and have also gone through the case file very minutely.

5.                The case is that on 03.01.2021, complainant booked a seat from Delhi to Jalandhar in Golden Temple Express Volvo, New Delhi and paid Rs.524/- as Ex.C-5. As per complainant, the lifting point was given Karnal Byepass as mentioned in the ticket also as Ex.C-5 and Ex.C-6, but just before starting the Bus, OP changed the pickup point from Karnal Byepass to Majnu Ka Tilla, which causes much harassment to the complainant and complainant has to reach Majnu Ka Tilla by spending Rs.600/- on taxi. The complainant boarded OP’s Bus No.UP 81 CT 4853 and driver mobile number was 9876509691, but as stated by OP bus was not Volvo and was an ordinary TATA Bus and not comfortable as stated by OP and even not having TV infront of the seat. On the way the complainant demanded water bottle, but OP’s staff refused saying that they do not provide water, it is passenger’s duty to carry water with him and even asking to stop the Bus somewhere so that complainant can take water bottle to drink water, but OPs driver and conductor did not stop the bus saying that Bus will not stop between Delhi to Jalandhar.

6.                After going through the facts of the case, it has come to the notice that the complainant has not placed any booking ticket of Taxi and bill of Rs.600/- paid for Taxi to reach Majnu Ka Tilla for taking Bus from there. Secondly, the complainant has stated that the OP’s employee did not provide water neither they stopped the Bus to allow the complainant to take water from somewhere during journey, then his condition started deteriorating and he became unconscious, but complainant could not prove this fact, neither he placed any medical certificate to the fact and also not disclosed how he recovered from unconsciousness. He could not produce any documentary evidence that bus was not Volvo, only photographs of the bus cannot prove that bus is not Volvo. Lastly as per complainant’s Aadhar Card, the complainant has not proved that he is the resident of Jalandhar and he has not placed any document to prove that any cause of action arose to him to file complaint at Jalandhar. In view of the above discussion, the complaint has no merits and the same is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

7.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

29.10.2024         Member                          Member           President