Chandigarh

DF-II

CC/699/2018

Prateek Narang - Complainant(s)

Versus

Haryana Roadways - Opp.Party(s)

Vishal Goel Adv.

03 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	699 of 2018
Date  of  Institution	:	12.12.2018
Date   of   Decision	:	03.02.2020

 

 

 

 

Prateek Narang, aged 27 years, S/o Sh.V.K.Narang, R/o H.No.1295, Phase-V, Sector 59, Mohali.

             …..Complainant

Versus

1]  General Manager, Haryana Roadways,   Phase-1, Industrial Area, Chandigarh.

2]  General Manager, Haryana Roadways, Gurugram.

   ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN        PRESIDENT

SMT.PRITI MALHOTRA    MEMBER

                                        

 

Argued by :-

Sh.Vishal Goel, Adv. for the complainant.

Sh.Vineet, Govt. Pleader for OPs.

 

 

PER PRITI MALHOTRA, MEMBER

 

         Succinctly put, the complainant Online booked the Volvo Bus Ticket of OPs from IGI Airport, Delhi to Chandigarh for 19.10.2018 of 4.30 AM for Rs.705/-, which was confirmed ticket (Ann.C-1).  It is averred that the complainant reached at Bus Stop on 19.10.2018 at 4.00 AM to board the Bus and waited for it but no Bus was available till 5.30 AM nor any intimation was provided by OPs with regard to any cancellation of the said bus.  However, on enquiry, it came to know that due to strike the buses of Haryana Roadways did not ply, but no information in this regard was given by the OPs. Left with no alternative, the complainant immediately booked air-tickets for Chandigarh spending Rs.4164/- of the same day i.e. 19.10.2018 (Ex.C-2 & C-3). Thereafter, when the complainant sought refund of entire amount of bus ticket of Rs.705/- and also requested for compensation from the OPs, they vide email dated 26.10.2018 refunded an amount of Rs.680/- only. It is submitted that the complainant agitated the wrong deduction of Rs.25/- from his bus ticket amount, but the OPs did not pay any heed. It is also submitted that the OPs have failed to provide the service to the complainant even after the confirmed booking and also failed to intimate with regard to cancellation, prior to time of departure of the bus, which is unfair trade practice as well as deficiency in service on their part causing harassment to the complainant.

 

2]       The OP No.1 has filed short reply stating that the Volvo Bus booked from IGI Airport Delhi to Chandigarh for 19.10.2018 of 4.30 AM is of Haryana Roadways, Gurugram Depot and it is clear from Ex.C-4 (e-ticket refund), which is confirmed from GM, HR Gurugram.  It is stated that the complaint against answering OP may please be dismissed as the bus in question does not belong to Haryana Roadways, Chandigarh. 

         OP No.2/GM, Haryana Roadways, Gurugram, has also filed reply and while admitting the factual matrix of the case, stated that Haryana Roadways Staff went on for strike from 16.10.2018 to 2.11.2018 i.e. for eighteen days.  The information regarding strike of Haryana Roadways employees was being published in various Newspapers regularly.  It is stated that the strike which occurred, was beyond the control of Transport Department. It is submitted that as the said strike was started without any prior notice, so any kind of prior intimation regarding cancellation of the Buses could not be sent to the passengers including the present complainant as the strike was sudden and beyond the control of answering OP.  However, as per the terms and conditions, a refund of Rs.680/- for one ticket has been made in favour of the complainant through online transaction dated 26.10.2018.  It is also submitted that the complainant is not entitled for any kind of relief except the refund of e-ticket amount, which has been done, as per terms & conditions of e-ticket bookings.  Denying all other allegations and pleading no deficiency in service, the OP No.2 has prayed for dismissal of the complaint. 

 

3]       Rejoinder has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the reply filed by OPs.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

6]       Broadly the facts averred in the complaint are admitted by the OP No.1 (which in the present complaint is the main Opposite Party) to the effect that the complainant Online booked the Volvo Bus Ticket from IGI Airport, Delhi to Chandigarh for 19.10.2018 for Rs.705/-, which was confirmed ticket and that the said bus could not depart due to strike and as such, an amount of Rs.680/- against said booking was refunded to the complainant through online transaction dated 26.10.2018.

 

7]       From the entire record, it transpires that it is only due to the efforts made by the complainant that the refund could be made possible in the account of the complainant by OP No.1 only on 26.10.2018 i.e. after 6/7 days of booking/cancellation and before that no refund was made in his account.  This clearly depicts the malfunctioning of OP No.1.  It is further observed that the booking made by the complainant was through Online/Internet and he was in addition charged Rs.25/- on account of Reservation Charges (Ann.C-1). The complete refund of the ticket amount has not been credited in the account of the complainant by OP No.1 and they wrongly retained the reservation charges of Rs.25/-, which has been paid by the complainant while making Online booking. As no services have been rendered by OP No.1 to the complainant despite of the confirmed booking, thus, they are not, in any way, authorized to retain the reservation charges so collected from the complainant.  Hence, the deficiency in service on the part of OP No.1 is writ large.

 

8]       In view of the above discussion & findings, the present complainant is allowed against Opposite Parties NO.1 with direction to refund an amount of Rs.25/- to the complainant and also to pay a compository amount of Rs.2000/- towards compensation and litigation expenses.

         This order shall be complied with by the Opposite Party No.1 within a period of 30 days from the date of receipt of its copy, failing which it shall be liable to pay additional amount of Rs.2000/-, apart from relief as aforesaid.

         Certified copy of this order be sent to the parties, free of cost. File be consigned to record room.

Announced

3^rd February, 2020                           

                                                                             Sd/-             (RAJAN DEWAN)

PRESIDENT

         

 

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER