Chandigarh

DF-I

CC/340/2017

Sandeep Bhardwaj - Complainant(s)

Versus

Haryana Roadways - Opp.Party(s)

Sandeep Bhardwaj

12 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                               

Consumer Complaint No.	:	CC/340/2017
Date of Institution	:	20/04/2017
Date of Decision	:	12/04/2018

 

Sandeep Bhardwaj s/o Sh. Shiv Kumar Sharma r/o House No.1785, Sector 23-B, Chandigarh.

… Complainant

V E R S U S

1.     Haryana Roadways, Chandigarh Depot, Industrial Area, Phase-I, Chandigarh through its General Manager, Chandigarh Depot, Chandigarh through its Manager Depot/authorised representative.

2.     Haryana Roadways, Sector 17 Bus Stand, Chandigarh through its Depot Manager. 

… Opposite Parties

 

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

                          

                          

ARGUED BY	:	Complainant in person
	:	Sh. Om Parkash, Clerk, Haryana Roadways, Gurugram, for OPs.

 

Per Rattan Singh Thakur, President

1.         The long and short of allegations is, on 9.4.2017 the complainant had made online booking for Haryana Roadways bus service in advance for 11.4.2017 from Gurgaon to Chandigarh.  Seat No.1 was confirmed and the journey was scheduled on 11.4.2017 at 3:30 a.m.  Accordingly the complainant reached Gurgaon bus stand and kept on waiting.  Later on it was informed by police officials that bus will not operate as strike was going on from 10.4.2017.  As such, the complainant had to rush to Chandigarh in a private vehicle which amounted to deficiency in service. Hence, the complainant filed the present complaint praying for refund of Rs.705/- i.e. the ticket expenses alongwith compensation and litigation expenses.
2.         OPs contested the complaint and filed reply. It is admitted that without any notice, from 10.4.2017 evening there was a strike of the employees of Haryana Roadways which was settled on 13.4.2017.  It is also the case, amount of Rs.680/- was refunded to the complainant. On these lines, the cause is sought to be defended.
3.         Parties led evidence by way of affidavits and documents.
4.         We have heard the complainant in person, learned counsel for the OPs and gone through the record of the case.  Our conclusions, as drawn out from the record, are as under :-
5.         It is pertinent to note here that the date of institution of present complaint is 20.4.2017 while as per record produced, amount of Rs.680/- was refunded to the complainant on 27.4.2017 i.e. subsequent to the proceedings.  The OPs have also filed affidavit with regard to the refund of the amount. No such counter affidavit was filed. 
6.         As per pleadings of the parties, this fact cannot be lost sight of that due to cancellation of the bus on account of strike, inconvenience was caused to the complainant which is writ large. May be that there are terms and conditions in transport department that in the event of sudden strike, which is not in the hands of Transport Department, route may be cancelled without prior notice and in that situation, amount of ticket had to be refunded which was ultimately refunded.  It is also the case of the complainant, no prior intimation regarding cancellation of the route was given.
7.         There are two reasons for holding deficiency and negligence in service on the part of the OPs. First, the management never goes on strike.  It was a case of online booking on 9.4.2017 and on cell of the complainant, management could have given intimation of cancellation of bus. Secondly, even the amount was refunded after 17 days.
8.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OPs are directed as under:-

1. To pay Rs.1,000/- to the complainant as compensation for deficiency in service and mental agony and harassment caused to him;
2. To pay to the complainant Rs.1,000/- as costs of litigation.

9.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
12/04/2018	[Suresh Kumar Sardana]	[Rattan Singh Thakur]
hg	Member	President