Delhi

North

CC/251/2024

DHEERAJ PANDEY - Complainant(s)

Versus

HIGHWAY STAR TRAVELS - Opp.Party(s)

19 Apr 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.251/2024

In the matter of

Sh. Dheeraj Pandey

S/o Sh. Devender Pandey,

R/o House No.10, Gali No.2,

East Kamal Vihar, Karawal Nagar,

Delhi                                                           …      Complainant

Vs.

Highway Star Travels

Through its A.R.

At Lahartara Rd. Lahartara Boulia,

Bazardiha, Maheshpur,

Varanasi, U.P.221006                                 …     Opposite Party No.1

 

Ms. Beena Singh

(Owner/ Authorised Person)

Highway Star Travels

At Varunainklap Apartment Block-1,

Flat No.6/6, Central Jail,

Near Sunbeam Varuna School,

Sikrol, Varanasi, U.P. 221005                     …     Opposite Party No.2

 

Make My Trip India Pvt. Ltd.

Through its Director,

At No.5, DLF Building, Tower-B,

DLF Cyber City, DLF Phase-II,

Sector-25, Gurugram,

Haryana-122022                                         …     Opposite Party No.3

ORDER

19.04.2024

(Divya Jyoti Jaipuriar)

1. We have heard the arguments of Shri, Dheeraj Kumar, Ld. Advocate for the Complainant on the last date of hearing on admissibility of the complaint. By way of this complaint, the Complainant has alleged that the M/s Highway Star Travels (OP-1 herein) and Ms Beena Singh (OP-2 herein), stated to be owner/ Authorised person of OP-1 have caused loss of his valuable articles when he and his wife and an another passenger were travelling to Delhi from Varanasi on 18.10.2023. The ticket to the said travel was purchased from M/s Make My Trip (OP-3 herein).
2. The Complainant alleges that after booking the ticket, he boarded the bus bearing number UP-65JT-5557 at Varanasi for Delhi. But due to some technical problem, the bus was later changed and the passengers were transferred to bus bearing number UP-65JT-5556. It is the case of the Complainant that while travelling on the said date, he kept his entire luggage including the luggage with valuables in the luggage box in the bus. There were three travelling bags and one trolley bag. It is also the case of the Complainant that at the time of shifting of luggage from one bus to another, all passengers including the Complainant and his wife were present. It is further alleged by the Complainant that when he and his companion passengers de-boarded the bus at Delhi at near ISBT Kashmere Gate, one out of four luggages was not delivered to him by the bus staff. He alleges that the trolley bag which contained the valuables including the gold articles to the tune of Rs. 4,00,000/- was not handed over by the bus staff and was lost. Hence, by way of this complaint, the Complainant has alleged deficiency of service on part of the OPs and prayed for consequential relief.
3. In support of his claim against the OPs, the Complainant has relied on the FIR bearing no. e-ND-KG-002501 dated 15.12.2023 filed with e-Police station Kashmere Gate, Delhi, the complaints dated 10.11.2023  sent to different police authorities and the legal notice dated 23.11.2023 to the OPs. In support of the value of the articles, the Complainant has filed certain bills.
4. It is also stated that upon not receiving the his luggage, he had also made a call to the police on 112, but the details of the said call including the possible follow up of the PCR call have not been provided in the entire complaint.
5. Although the date of incident of loss of luggage is not where mentioned in the complaint, as the Complainant boarded the bus at Varanasi on 18.10.2023 at 08:30 PM, it is safely assumed that the alleged incident took place on 19.10.2023 when the Complainant and his family members de-boarded the bus near ISBT, Kashmere Gate. The e-FIR was filed on 15.12.2023 reporting the “theft of the article(s)/ belonging(s) from Metro Gate no. 3 Kashmiri Gate Delhi between 11:00 and 11:15 on 15/12/2023”. The list of articles as reported in the said e-FIR includes “AIRBEG-UNDER THIS BEG TWO GOLD CHAIN, TWO GOLD RING, 1 GOLD, MANGALSUTRA, OR NEW CLOTHES OF LADIES” (copied verbatim from the e-FIR). The said reported incident of theft of article took place on 15.12.2023 and not on 19.10.2023. This e-FIR; under any stretch of imagination; cannot be stated to be for the alleged theft that took place on 19.10.2023 as pleaded in the complaint. This causes suspicion on the correctness of pleading in the complaint.
6. Further, the Complainant has sent written complaints on 10.11.2023 to the Police Authorities namely (i) the Commissioner of Police, (ii) the DCP, Civil Lines, (iii) the DCP Darya Ganj, (iv) the ACP, Timar Pur, (v) the SHO, PS Civil Lines, (vi) the SHO, PS Timarpur and (vii) the SHO, PS Kashmere Gate. There is no explanation that why the police complaint was not filed immediately on 19.10.2023. It is also not clear that when the Complainant was aware of the process of filing of e-FIR as he filed one for the alleged theft of articles on 15.12.2023, why e-FIR was not filed for the alleged theft that took place on 19.10.2023.Further, even after filing complaints with the Police Authorities, the Complainant did not take any steps towards logical conclusion of such complaints.
7. The pleadings and the documents so annexed with the complaint, creates more suspicion that prima facie establish the case of the complainant. Hence, no prima facie case is established by the Complainant. Therefore, we do not find any merit in the complaint. Accordingly the complaint is dismissed at admission stage itself for being devoid of merit.
8. Office is directed to return all original documents filed by the Complainant, if any, after keeping the photo copies of the same for the record.
9. Copy of this order be provided to the parties in accordance with law. Thereafter file be consigned to the record room.

 

 

 

___________________________

Divya Jyoti Jaipuriar, President

 

 

 

___________________________

Ashwani Kumar Mehta, Member

 

 

 

___________________________

Harpreet Kaur Charya, Member