Chandigarh

DF-II

CC/1/2019

Harish Goyal - Complainant(s)

Versus

Haryana Roadways - Opp.Party(s)

Sunil Garg Adv. & Sanyam Bhardwaj ADv.

07 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

1. Harish Goyal s/o Sh.Subhash Chander Goyal r/o H.No.2147, Sector 69, SAS Nagar, Mohali.
2. Ashish Gupta s/o Sh.Naresh Kumar Gupta r/o H.No.2056, Sector 70, SAS Nagar, Mohali

                           ...  Complainants.

Versus

Haryana Roadways, Plot No.182, Industrial Area, Phase-I, Chandigarh through its General Manager. 

…. Opposite Party.

BEFORE:

SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

Argued by:-

              Complainant No.1 in person.

              Sh.Laxman Singh, Authorized Agent of the OP.

PER RAJAN DEWAN, PRESIDENT

1.        Briefly stated, the case of the complainants is that they got booked two tickets from Chandigarh to Delhi Volvo Bus to be scheduled to go on 30.10.2018 at 4:30 A.M. through online portal of the OP by paying a sum of Rs.1200/- which included Rs.575/- each as ticket charges and Rs.25/- each for reservation charges. According to the complainants, they reached the Bus Stand at 4:00 A.M. to go to Delhi but neither any bus was arrived nor anybody was there to assist them.  Rather on spot a message was pasted that too in very small wording that if due to strike, the bus did not come then you could claim the refund after expiry of the time on the e-mail I.D. i.e.

              It has further been averred that as per the knowledge of the complainants, the strike was going since long even before 21.10.2018 and thereafter the OP stopped making fresh bookings meaning thereby that it was in the knowledge of the OP that the bus will not ply on the given time and route despite it they accepted the bookings and not informed the complainants in advance regarding cancellation of the bus. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainants have filed the instant complaint.

2.        In its written statement, the OP while admitting the factual matrix of the case has pleaded that as per the terms and conditions of the Volvo bus, the trips are subject to cancellation or postponement due to break down of the vehicle or insufficient passengers for the trip and under such circumstances, the passengers were to be intimated through e-mail/phone as soon as possible and e-ticket amount was to be refunded.  It is provided in the terms and conditions that the OP may delay or cancel a service without any prior notice in case of circumstances beyond its control and under such circumstances, the OP shall either reschedule the journey for travel on the next Haryana Roadways service in the same sector, subject to availability without any extra charges based on the passenger’s convenience or enable a full refund of the e-ticket as paid by the passenger and shall be no further liability to the passenger.  It has further been pleaded that due to strike some of the employees of Haryana Roadways had halted the bus and had been disrupting the bus services.  It has further been pleaded that the State Government had invoked the provisions of Section 4A(2) of Haryana Essential Services Maintenance Act, 1974 and the notification dated 30.08.2018 was issued in this regard declaring the strike totally unlawful, illegal and anti people for a period of six months and the ESMA was in force till 02.03.2019. It has further been pleaded that some of the employees even then went on strike from 18.10.2018 and many drivers and conductors were suspended due to take part in strike. It has further been pleaded that the buses were not operated by the drivers/conductors on 30.10.2018, a notice was pasted near the booth of the Bus Stand informing the travelers to receive refund of the tickets and information was also provided by the employee who was on duty at the enquiry room situated at ISBT, Sector 17, Chandigarh.  It has further been pleaded that the complainants have received the ticket refund on 10.12.2018 vide transaction No.11462554 after following due procedure. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.        We have heard the complainant No.1 in person, learned counsel for the OP and have gone through the documents on record.
4.        From the pleadings of the parties, it is clear that some of the buses could not be plied due to strike observed by the bus drivers/conductors and even on  30.10.2018 when the complainants booked the tickets of the OP-Bus from Chandigarh to Delhi and the factum regarding the strike being observed by the drivers/conductors of the Haryana Roadways was very much in the knowledge of the complainants prior to the booking of the tickets. 
5.        However during the strike, the Management/Department of the OP had tried its best efforts to provide transport services to the general public by employing the operational staff through service providers on contractual basis and the employees who did not participate in strike.   Besides this, the notices have been pasted by the OP near the booth of the bus stand for the convenience of the passengers to claim the refund after expiry of time on the email I.D. No.       It has not been disputed by the complainants that they have received a sum of Rs.1150/- towards the refund of the tickets price from the OP. However, the stand of the complainants is that the OP has illegally and arbitrarily deducted a sum of Rs.50/- on account of service charges.
7.        Keeping in view overall the facts and circumstances of the instant case, we are of the considered view that when the OP had failed to render the bus services to the complainants then the deduction of Rs.50/- on account of service charges from the refund amount of the tickets does not seems to be legal and justified and rather the OP should have refunded whole amount to the complainants without any deduction. Thus, the OP is held to be deficient in rendering services on this count only.
8.         For the reasons stated above, we allow the complaint with a direction to the OP to refund Rs.50/- deducted on account of the service charges to the complainants along with lump sum compensation of Rs.1100/-.
9.        This order be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which the awarded amounts shall carry interest @9% per annum from the date of this order till its actual payment.
10.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

07/08/2019

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER