BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Complaint No: 172 of 02.03.2016 Date of Decision: 16.09.2016.
Prem Singh Shahi, aged 74 years son of Bachan Singh, Resident of Boothgarh, P.O. Khanna, Tehsil Khanna, District Ludhiana.
..… Complainant
Versus
- Indo-Canadian Transport Company, G.T. Road, Khanna, Near Thousand Spices, Khanna
- Deputy Manager, Indo-Canadian Transport Company, SCO 84-85, Near Bassi Theater, Phase-II, Mohali
…..Opposite parties
Complaint under the Provisions of Consumer Protection Act, 1986
QUORUM:
SH. G.K. DHIR, PRESIDENT
MS. VINOD BALA, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : In person.
For Ops : Exparte.
ORDER
PER G.K. Dhir, PRESIDENT
1. Complainant filed complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) by claiming that he got booked ticket for his grandson Kamaljit Singh, who was to travel on 21.02.2016 from Khanna to Delhi. That booking was got done through Mobile No.94656-46177 on payment of Rs.2800/-. Ticket No.L I T 0-807767-33-17 was issued. This bus was to start from Kanna on 21.02.2016 at 12 noon, but it started at about 01.00 PM. When this bus reached at Rajpura, then same was parked there for long time. Thereafter the bus was refused to be taken to Delhi. The bus was brought back to Khanna at about 08.00 PM and was made to park there. Said Kamaljit Singh was to proceed to Australia on 22.02.2016 at about 9-10 by having flight from Indira Gandhi International Airport, New Delhi. As Ops refused to take the bus further and as such, complainant and his grandson suffered a lot. Taxi by paying fair of Rs.6,000/- had to be hired for reaching Delhi Airport in time. Fair paid by remaining passengers Gurpreet Kaur Binar, Swarndeep Kaur Binar, Jasveer Kaur, Gagandeep Kaur, Seerat Kaur and Babli, residents of village Majri, District Fatehgarh Sahib was returned, but complainant was not returned back the fare.
2. Ops in this case are exparte, as none appeared despite sending of the summons through registered covers.
3. Complainant to prove his case tendered in evidence affidavit Ex. CW1 along with documents Ex. C1 to Ex. C3 and then closed evidence.
4. Written arguments not submitted, but oral arguments heard. Record gone through carefully.
5. Affidavit Ex. CW1 of complainant along with email journey ticket Ex. C2 establishes that the ticket was got booked by complainant in the office of OP by paying Rs.2800/-. That booking was got done in Khanna office of OP company and even the traveling was to start from Khanna, which falls within territorial jurisdiction of this Forum and as such certainly this Forum has territorial jurisdiction.
6. Copy of passport of Kamaljit Singh Ex. C3 has been produced in support of the contents of affidavit that he was to travel from Khanna to Delhi for destination of Australia by having flight from Indira Gandhi International Airport, New Delhi at 9-10 A.M. Bus started late from Khanna to Delhi, despite the fact that it was to start at 12 Noon and thereafter, it was again brought back to Khanna and as such, certainly complainant and his grandson suffered mental tension and harassment because they had to hire taxi by paying Rs.6,000/- for reaching at Indira Gandhi International Airport in time for boarding scheduled the flight on 22.02.2016. The amount of fare has been returned to remaining passengers named in para No.5 of the complaint and of affidavit Ex. CW1 and as such, virtually complainant has been discriminated by non refund of paid fare. As grandson of the complainant was to reach Indira Gandhi International Airport in time, but due to parking of the bus at Khanna during night, he could not reach except by hiring taxi and as such, mental tension and harassment bound to be writ large on face of complainant and his grandson. So complaint deserves to be allowed.
7. As a sequel of above discussion, complaint allowed in terms that OPs will return the fair amount of Rs.2800/- (Two Thousand Eight Hundred only) and even pay compensation for mental harassment of Rs.5,000/- (Rupees Five Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only). Payment of these amounts be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.
(Vinod Bala) (G.K. Dhir)
Member President
Announced in Open Forum.
Dated:16.09.2016.
Gobind Ram.
