D.R. TAMTA, MEMBER
The complainant has filed the present complaint against O.P under section 12 of the Consumer Protection Act, 1986. The facts alleged in the complaint are that complainant had booked four seats for his family journey to Manali for 11.06.2014 at about 08:00 P.M. in a Volvo A/C bus vide ticket Nos.20140609002023 (KL No.476703) & 20140609002031 (KL No.476704) for amounting to Rs.4,800/- and seat allotted in the Volvo A/C bus vide seat Nos. 33, 34, 35 and 36. It is alleged that the complainant and his family reached at Kashmiri Gate and showed the tickets at the counter running by the O.P, the officials at the counter said that no seat is available in the Volvo Bus going to Manali but the complainant can be adjusted in the bus going to Manali at 09:30 P.M. or 09:45 P.M. It is also alleged that at 09:30 P.M & 09:45 P.M. the complainant and his family had not got any seat from the above said buses when the complainant complained at the enquiry counter at the ISBT office, the officials allowed the complainant to go to Manali at 10:00 P.M. in a General/ Local bus which was Non-A/C. It is alleged that the complainant protested about his allotment in Non-A/C, General/ Local bus and demanded to return his amount. But the officials at the counter refused to refund the amount and compelled the complainant and his family to travel in a General/ Local bus without A.C. and other sleeping facility. It is also alleged that complainant and his family were humiliated, harassed and mentally tortured by the act of the O.P. Complainant has also sent a legal notice dated 01.07.2014 but to no avail. On these facts complainants pray that O.P be directed to refund Rs.4,800/-, apart from cost and compensation as claimed.
2. O.P appeared and filed written statement. It has not been disputed that complainants had booked four tickets by VOLVO A/C Bus from Delhi to Manali for Rs.4,800/-. It is alleged that the complainant in this case did not take care of the schedule timings in regard to the departure of the bus wherein he booked the tickets and reached very late after the departure of the bus, hence it cannot be said that there was any deficiency or negligence on the part of the answering O.P. It is also alleged that the seats reserved for the complainant and his family members remained unoccupied and vacant uptill the destination of the bus and the only reason for the same was the booking made by the complainant who later on failed to reach at the starting point of the bus at ISBT on or before the scheduled departure time of the bus. It is further alleged that the bus in which the tickets were booked by the complainant was about to departure as per its schedule at 08:00 P.M., however just because of wait of the complainant the bus departed with a delay of about 20 minutes from its scheduled time. Since the complainant could not reach till 08:20 P.M., hence to protect the rights of the other passengers boarding on the same bus as also to avoid harassment and nuisance of the remaining passengers, the bus departed at 08:20 P.M. i.e. about a delay of 20 minutes from the schedule time. Therefore, there is no deficiency of service on the part of the O.P. Dismissal of the complaint has been prayed for.
3. Complainant has filed affidavit in evidence testifying all the facts as alleged in the complaint. He has also proved documents exhibited as Ex. CW-1/1 to CW-1/4. On the other hand the O.P has filed the affidavit of Neena Sardana, Regional Manager, of O.P testifying all the facts as alleged in the written statement. Written submissions have also been filed by the parties.
4. We have carefully gone through the records and have heard submissions of Ld. Counsels of the parties. The booking of the tickets by the complainant for Volvo A/C bus is not disputed. The complaint of the complainant is that the Volvo A/C bus for which he had booked the tickets left the ISBT bus station without taking the family members of the complainant. The scheduled time of departure of the Volvo A/C bus was 08:00 P.M. But the complainant has not mentioned in the complaint that they reached the ISBT bus station before or at 08:00 P.M. On the other hand the O.P has submitted that in-spite of departure time of bus at 08:00 P.M. the departure was delayed by 20 minutes due to wait of the complainants. In evidence in this regard O.P has submitted a copy of receipt of fare paid to the Transport Department GNCTD for the bus at Maha Rana Pratap ISBT Kashmiri Gate. The said receipt issued by Transport Department GNCT Delhi has mentioned arrival date 11.06.2014, arrival time 19:37:19 and duration 37 minutes. Accordingly to which the said Volvo A/C bus had departed from the ISBT at about 08:14 P.M. Thus the contention of the O.P is supported by the Govt. of Delhi receipt that the Volvo A/C bus moved out of the ISBT after 08:00 P.M. the scheduled departure time. The O.P had further adjusted the complainant and his family in another bus which facility they availed.
5. In view of these facts and circumstances we do not find any deficiency on the part of the O.P. Therefore, we are of the considered opinion that the complainant is not entitled for any relief. Complaint is, therefore, dismissed.
Copy of the order be sent to the parties by Registered post and the file be consigned to record room.
Announced this 22nd day of April, 2015.
(BABU LAL) (D.R. TAMTA) (SHAHINA)
President Member Member
