Punjab

Moga

CC/16/79

Chamkaur Singh - Complainant(s)

Versus

Hargobind Bus Service - Opp.Party(s)

Sh. Munish Majithia

19 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

                                                                                      CC No. 79 of 2016

                                                                                      Instituted on: 14.03.2016

                                                                                      Decided on: 19.07.2016

 

Chamkaur Singh son of Chinder Singh, resident of Goniana Mandi, Ward no.3, Gali no.9, Dashmesh Nagar, Tehsil & District Bathinda.

                                                                          ……… Complainant

 

Versus

1.       Hargobind Bus Service, Jaito, through its Prop. Ajadwinder Singh alias Jadi, C/o Jaito Bus Stand, District Faridkot.

 

2.       Hari Singh, Driver of Hargobind Bus Service, Jaito, District Faridkot.

 

3.       Chinda Singh, Conductor Hargobind Bus Service, Jaito, District Faridkot, resident of Village: Dina, Tehsil Nihal Singh Wala, District Moga.

 

                                                                           ……….. Opposite Parties

 

 

Complaint u/S 12/14  of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President,

                   Smt. Vinod Bala, Member,

                   Smt. Bhupinder Kaur, Member.

 

Present:       Sh. Munish Majithia, Advocate Cl. for complainant.

                   Opposite party nos. 1 to 3 exparte.  

 

 

ORDER :

(Per Ajit Aggarwal,  President)

 

1.                Complainant has filed the instant complaint under Section 12/14 of the Consumer Protection Act, 1986 ( hereinafter referred to as the "Act") against Hargobind Bus Service, Jaito, through its Prop. Ajadwinder Singh alias Jadi, C/o Jaito Bus Stand, District Faridkot and others (hereinafter referred to as the opposite parties) for directing them to pay a sum of Rs. 1,50,000/- on account of mental tension, unnecessary harassment and damages caused by the opposite parties to the complainant or any other relief which this Forum may deem fit and proper be also granted.

2.                Briefly stated the facts of the case are that complainant has to come from Jalandhar to Goniana Mandi. It was incident of 21.02.2016 at about 3.20 pm, there was a bus of opposite party and conductor and driver was raising slogan from Jalandhar to Bathinda via Moga. The complainant enquired from conductor and driver that he has to go to Goniana Mandi. The conductor told in affirmative that they will reached him complainant Goniana Mandi, through the said bus.  The complainant purchased a Ticket no.052361 for a sum of Rs. 160/-. The complainant has given a sum of Rs. 200/-. The conductor has made a note that a sum of Rs. 40/- are outstanding. In this way, the conductor has charged a sum of Rs. 10/- in excess. Moreover, he has not returned a sum of Rs. 40/- to the complainant. The name of the conductor was Chamkaur Singh and name of the Driver was Hari Singh and Bus number was PB-04-P-0454. The said bus reached at Moga at 5.20 pm. All the passengers have turned from the said bus and bus became vacant. Then the complainant enquired from the conductor that they have told him that the said bus with got to Bathinda and he has to reach at Goniana Mandi and the conductor has replied that the said bus had no valid permit for going to Bathinda, so they compelled to stay at Moga. The complainant enquired from him as to why they mis-guided the people. Then the complainant has taken seat in the bus of Nagpal Bus Service. When the said bus reached near Byepass Bagha Purana, the conductor has asked the complainant about the ticket. The complainant replied that he has already purchased ticket from Hargobind Bus Service for going to Goniana. The conductor replied that the said ticket is not valid, he has to purchase another ticket and conductor got angry and pushed the complainant out of the bus. Thereafter, the complainant had taken another Bus of Patiala Bus Service, Syndicate and reached Goniana. The ticket number is 080383. Thereafter, the complainant contacted the owners of the Bus of Hargobind Bus Service namely Sarup Sngh, Mobile no.97815-91115, Nirmal Singh Mob. No.97818-31115, Hari Singh Mob No. 97799-09016. But to no effect. Due to the abovesiad wrongful act of the opposite parties, the complainant has suffered a huge loss, mental tension and unnecessary harassment. Hence this complaint.

3.                Upon notice, despite due service, none has appeared on behalf of opposite party nos. 1 to 3. As such, opposite party nos. 1 to 3 were proceeded against ex-parte.

4.                In ex-parte evidence, the complainant Chamkaur Singh tendered in evidence his duly sworn affidavit Ex.C-1 and copies of documents Ex. C-2 & Ex.C-3 and closed the evidence. 

5.                We have heard the learned counsel for the complainant and have very carefully gone through record placed on file.

6.                Learned counsel for complainant argued that complainant is resident of Goniana Mandi, Ward No.3, Gali no.9, Dashmesh Nagar, Tehsil & District Bathinda. On 21.02.2016, he had to come from Jalandhar to Goniana Mandi. At Jalandhar there was a bus of OPs and driver and conductor was raising the slogan from Jalandhar to Bathinda via Moga. On enquiry, the conductor told to the complainant that they will drop him at Goniana Mandi. On it the complainant purchased the ticket of said bus from Jalandhar to Goniana. The ticket from Jalandhar to Goniana was Rs. 160/-. However, the complainant paid Rs. 200/- to the conductor. But the conductor did not refund Rs. 40/- and made a note on the ticket, copy of the ticket is Ex. C-2. When the abovesaid bus reached at Moga at 5.20 pm, all the passengers turned out from the bus. The complainant asked the matter from the conductor, who told that Bus will not go to Bathinda, as they have no valid permit for going to Bathinda and the Bus did not move from Moga to Bathinda. The complainant complained to conductor that they mis-guided and misrepresented him. On it, conductor told the complainant to get the bus of Nagpal Bus Service, so, the complainant seated in the bus of Nagpal Bus service. When the bus started from Moga, the conductor of that bus asked the complainant for ticket. The complainant told him that he has already purchased the ticket of Hargobind Bus Service for going to Goniana. But the conductor told that this ticket is not valid and he have to purchase new ticket and pushed out the complainant from the bus. Thereafter, the complainant has taken the bus of Patiala Bus Service, Syndicate to reach Goniana and purchased a fresh ticket, copy of the same is Ex. C-3. The complainant contacted to the owners of Hargobind Bus Service and complained about the wrongful act, but they did not give any heed to the request of the complainant. Due to this wrongful act of the OPs, the complainant has suffered huge mental tension, harassment and monetary loss. All these act of the OPs amount to deficiency in service and mal trade practice. OPs may be directed to pay compensation for the same alongwith litigation expenses.

7.                We carefully gone through the file, evidence and arguments lead by learned counsel for the complainant. The case of the complainant is that he had to go Goniana Mandia and on the assurance of OPs that they will drop him at Goniana Mandi, he took the bus of OPs and purchase ticket for the same. When the OPs stopped their bus at Moga, all the passengers were turned out from the bus. On asking of complainant, they told that they have no valid permit to run bus at Bathinda and in the compelling circumstances, the complainant had to take another bus to reach at Goniana. In this Forum, the complainant produced ticket of bus of the OPs Ex. C-2 from which, it is clear that this ticket is issued by OPs from Jalandhar to Goniana Mandi and take Rs. 160/- as fare from the complainant. The complainant produced another ticket of Patiala Bus Service, Syndicate from Moga to Goniana Ex. C-3, which was taken by him at Moga. All these documents proves the case of the complainant. The act of the OPs to misrepresent and misguide the complainant by saying that their bus is going to Jalandhar to Bathinda via Moga, but dropping him Moga on the pretext that they have no valid permit to run bus to Bathinda amounts to deficiency in service and mal trade practice on their part. The complainant succeeds to prove his case.

8.                In view of the above discussion, the present complaint is allowed and opposite parties are directed to pay Rs. 10,000/- (Ten thousand only) as compensation for mental harassment tension and inconvenience and monetary loss suffered by the complainant due to their wrongful acts of the opposite parties and Rs. 2,000/-(Two thousand only) as litigation expenses. Opposite parties are directed to comply with the order within 30 days from today, failing which, the complainant shall be entitled to get the amount alongwith interest @ 9% p.a. from the date of filing of present complaint till final realization. Copies of the order be sent to the parties, free of costs and thereafter filed be consigned to record room.

Announced in Open Forum

Dated : 19.07.2016

 

                         (Bupinder Kaur)         (Vinod Bala)                   (Ajit Aggarwal)

                              Member                  Member                            President