BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 165 of 2023      

                                                          Date of Institution: 12.04.2023

                                                          Date of Decision:   15.03.2024. 

Hardik aged about 20 years s/o Sh. Jitender Kumar R/o Hno. 283 Brahmkumari Ashram Wali Gali, Bhagat Singh Colony, Barnala Road, Sirsa Tehsil and District Sirsa.  

                                                                                       ………Complainant

                                      Versus

Indo Canadian TPT Co. Bus Services Near Flyover, Near Sukhrab Palace, Ambedkar Chowk, Sirsa Tehsil and Distt. Sirsa through its authorized person.

                   ……… Opposite party

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

SMT. SUKHDEEP KAUR……………..MEMBER                                

Present:         Sh. K.R. Taak, Advocate for complainant.

Opposite party already exparte.

ORDER

          The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).

2.                In brief, the case of complainant is that complainant had to go to Chandigarh to attend his exam on 27.07.2022 and he had booked a Private Bus Ticket from the OP by paying a sum of Rs. 550/- on 26.07.2022. The journey was to be started from Sukhrab Chowk, Sirsa at 4:20 a.m. on 27.07.2022. On 27.07.2022 the complainant reached the spot around 4:15 a.m. and when he tried to enter the bus he was not allowed to sit in the bus stating that there is no booking in his name, whereas the complainant had already booked a seat for going to Chandigarh by paying a sum of Rs. 550/-. Thereafter he immediately booked a private vehicle through online application i.e. BLA-BLA and reached the destination by incurring a sum of Rs. 1000/-. This act and conduct on the part of the OP clearly amounts to deficiency in service and unfair trade practice due to which the complainant has suffered unnecessary harassment. Hence, this complaint.

3.                Notice of the complaint was issued to the opposite party through registered cover which was delivered to the OP on 20.04.2023 as per delivery report. But despite that none appeared on behalf of OP and as such op was proceeded against ex-parte. 

4.                The complainant in evidence has tendered his affidavit Ex. CW-1 and copies of documents i.e. Adhar Card Ex.C1, Receipt of Booking Ex.C2, legal notice Ex.C3 and postal receipt Ex.C4 and delivery report Ex. C-5.

5.                We have heard learned counsel for the complainant and have perused the case file carefully.

6.                The complainant in order to prove his complaint has furnished his affidavit Ex. CW1/A in which he has reiterated all the contents of his complaint. The complainant has also placed on file copies of documents i.e. Adhar Card Ex.C1, Receipt of Booking Ex.C2, legal notice Ex.C3 and postal receipt Ex.C4 and delivery report Ex. C-5. From the booking receipt Ex. C-2 it is evident that complainant got booked seat No. 15 in his name in the bus of OP by paying a sum of Rs. 550/-. The op despite service of notice failed to appear before this Commission and opted to be proceeded against exparte. Therefore, the pleadings and evidence of complainant remained unrebutted and unchallenged. So, the complainant has duly proved his case and it is proved on record that OP has caused unnecessary harassment, deficiency in service and adopted unfair trade practice by not allowing the complainant to sit in the bus who had to appear in his exam despite the fact that complainant was already having booking. Therefore the complainant is entitled to refund of the amount of Rs. 550/- of bus ticket and is also entitled to compensation for harassment.

7.                In view of our above discussion, we allow the present complaint and direct the opposite party to refund of Rs.550/- of bus ticket. We also direct the OP to pay a sum of Rs.10000/- as compensation for harassment and Rs.5000/- litigation expenses to the complainant within a period of 45 days from the date of receipt of copy of this order failing which the abovesaid amounts will carry interest at the rate of @ 6% per annum from the date of this order till actual realisation. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced:                             Member                          President,

Dated: 15.03.2024.                                               District Consumer Disputes

                                                                          Redressal Commission, Sirsa.