BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:142 of 2019.
Date of Institution: 24.04.2019.
Date of Decision: 14.02.2020.
Dr.Maman Chand Sharma, Advocate aged 77 years son of Shri Palla Ram, r/o B-12, Giriraj Colony, Meham Road, Bhiwani (Haryana).
….Complainant.
Versus
- The State Transport Commissioner, Haryana 30 Bays Building, Sector -17, Chandigarh.
- The General Manager, Haryana Roadways Depot, New Bus-Stand, Bhiwani.
...Opposite Parties.
COMPLAINT UNDER SECTIONS 12 AND 13 OF
THE CONSUMER PROTECTION ACT, 1986.
Before: - Mr. Nagender Singh, President.
Mr. Shriniwas Khundia, Member.
Present: Complainant in person.
Shri Des Raj, Clerk on behalf of opposite parties.
ORDER
NAGENDER SINGH, PRESIDENT
The case of the complainant, in brief, is that he used to travel by bus during journey from one place to another. In pursuance of work, the complainant travelled form Bhiwani to Rohtak by bus No.HR61B- 7192 on 03.04.2019 by purchasing a ticket of Rs.25/- being senior citizen. When the bus reached near Kalanaur town, the driver of the buss suddenly applied breaks at a speed breaker, most of the passengers hit the front seats moving forward including the complainant. Many of them suffered injuries but the complainant succeeded in escaping himself from hurting by catching hold of upper portion of seat. The complainant had occupied the seat no.41 at that time and handle of front seat No.36 was broken and holes were there on the back side. It has been further averred that earlier on 15.04.2017 when the complainant was travelling from Bhiwani to Delhi by bus No.HR61B-7137 he had also faced same kind of incident. The complainant had written a letter dated 03.10.2017 to the higher authorities but his request was not considered and neither the seats were repaired nor equipped with handles. The opposite parties have even failed to issue complete ticket mentioning all the particulars. The act and conduct of the opposite parties clearly amounts to deficiency in service on their part. Hence, this complaint.
2. On notice, opposite parties appeared and filed their joint reply wherein it has been submitted that no proof of ticket regarding travelling on 03.04.2019 by the complainant has been placed on file. It has been further submitted that on 03.04.2019, driver Rakesh D-245 was on duty on bus No.HR-61-B-7192 and as per his statement no such incident/even had happened during the whole journey and none of the passengers or the complainant had complained to the driver or conductor or higher authorities. Moreover, when the bus is plied on any route, it is ensured that the bus must be in road worthy condition and should be mechanically fit. No letter dated 03.10.2017 has been received in the office and the complainant had never brought such things into the notice of opposite party No.2. After notice of the present compliant, the works manager vide order dated 1789/PMA dated 14.06.2019 had directed the Head Carpenter, Foreman, Workshop Incharge to ensure maintenance/repairing of seat covers and back handles of the seats of buses before plying them on route. There is no deficiency in service and unfair trade practice on the part of the opposite parties as the Haryana Roadways is providing the safest and comfortable journey throughout the state and also in neighboring States. Other contentions have been controverted and prayer for dismissal of the complaint has been made.
3. Thereafter, the parties have led their respective evidence. The complainant has tendered documents Annexure C1 to Annexure C3 and closed the evidence on 14.10.2019. On the other hand the opposite parties have tendered affidavit Ex.RW1/A and closed the evidence on 12.12.2019.
4. We have heard the parties at length besides going through the written arguments submitted by the complainant and have gone through the case file carefully.
5.
The complainant has come with the plea that he travelled form Bhiwani to Rohtak by bus No.HR61B- 7192 on 03.04.2019 by purchasing a ticket of Rs.25/- being senior citizen and when the bus reached near Kalanaur town, the driver of the buss suddenly applied breaks at a speed breaker and most of the passengers hit the front seats moving forward including the complainant. Many of them suffered injuries but the complainant succeeded in escaping himself from hurting by catching hold of upper portion of seat. The complainant had occupied the seat no.41 at that time and handle of front seat No.36 was broken and holes were there on the back side. It has been further argued that earlier on 15.04.2017 when the complainant was travelling from Bhiwani to Delhi by bus No.HR61B-7137 he had also faced same kind of incident. The complainant had written a letter dated 03.10.2017 to the higher authorities but his request was not considered and neither the seats were repaired nor equipped with handles. The opposite parties have even failed to issue complete ticket mentioning all the particulars.
6. On the other hand it has been argued on behalf of the opposite parties that on 03.04.2019, driver Rakesh D-245 was on duty on bus No.HR-61-B-7192 and as per his statement no such incident/even had happened during the whole journey and none of the passengers or the complainant had complained to the driver or conductor or higher authorities. It has been further argued that when the bus is plied on any route, it is ensured that the bus must be in road worthy condition and should be mechanically fit. After notice of the present compliant, the works manager vide order dated 1789/PMA dated 14.06.2019 had directed the Head Carpenter, Foreman, Workshop Incharge to ensure maintenance/repairing of seat covers and back handles of the seats of buses before plying them on route. It has been further argued that the Haryana Roadways is providing the safest and comfortable journey throughout the state and also in neighboring States.
7. The complainant has come with the plea that due to suddenly applying of breaks by the bus driver, he was narrow escaped but the other passengers travelling in the bus No. HR-61-B-7192 sustained injuries. Perusal of the case file reveals that the complainant has failed to place on record any concrete evidence such as medical reports/records regarding sustaining of injuries by the passengers and even no oral statement has also been recorded on this point. The complainant has also not produced any passenger, who was travelling in that bus at that time, to corroborate the version of the complainant. More-so, had number of passengers had received injuries due to carelessness of a public servant of transport department, it would have been published in the news papers on local level as well as national level. Sh.Gulab Singh, General Manager, Haryana Roadways, Bhiwani in his affidavit Ex.RW1/A has specifically mentioned that after notice of the present complaint vide order dated 1789/PMA dated 14.06.2019 specific directions were given to the concerned mechanics/persons for maintenance/repairing of the seat covers and handles of the seats besides other shortcomings. It is worthwhile to mention here that a consumer can seek redressal under the Act only if he suffers a loss or a damage as a result of unfair trade practice or deficiency in service or the unfair trade practices restored to be a trader. In the present case, the complainant has failed to prove on the case file as to which loss he has suffered or which type of damage he has received from the hands of the opposite parties. Undisputedly, the complainant is a vigilant person and he took up the issue regarding reforms in the transport system and in response thereto the General Manager, Bhiwani had issued specific directions for maintenance and repairing in the buses, if any, therefore, we do not find any deficiency in service on the part of the opposite parties. Hence, the present complaint is hereby dismissed leaving the parties to bear their own costs. Certified copies of the order be sent to parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 14.02.2020.
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Forum, Bhiwani.
Present: Complainant in person.
Shri Des Raj, Clerk on behalf of opposite parties.
Arguments completed. Vide our separate order of even dated, present complaint is hereby dismissed. File be consigned to the record room.
Member President, DCDRF, Bhiwani/14.02.2020
