JUDGMENT 10.1.2011 Justice Pritam Pal, President 1. This appeal by opposite parties is directed against the order dated 16.7.2010 passed by District Consumer Forum-I, U.T. Chandigarh whereby complaint bearing No.271 /2010 of respondent/complainant was allowed with costs of Rs.500/- and OPs were directed to refund to the complainant a sum of Rs.415/- being the amount paid for booking of a seat in the Volvo Bus alongwith compensation of Rs.2000/- spent by him for hiring the car. The entire amount of Rs.2915/- was ordered to be paid within thirty days of the date of receipt of copy of the order, failing which OPs were made liable to pay penal interest @ 12% p.a. from the date of filing the complaint i.e. 28.4.2010 till actual realization. 2. In nutshell, the facts as set out in the complaint are that on 26.12.2009 the complainant went to the Haryana Roadways Volvo Reservation Office at Chandigarh Bus Stand, Sector 17 with a view to make ticket reservation for his return journey to Delhi. He got the ticket booked for 27.12.2009 vide reservation slip No.15075 having seat No.15 for which he paid Rs.410/- as fare and Rs.5/- as reservation charges. The bus was to depart at 22:15 hrs. It was alleged that on the date of journey on 27.12.2009 he reached the bus stand at 21:55 hrs. and as per note No.5 of the reservation slip he was required to get the reservation slip exchanged with a regular ticket from the platform window but to his utter shock and surprise the official sitting on the platform refused to give the ticket in exchange of the reservation slip and asked him not to board the bus scheduled to depart at 22:15 hours and board any other Volvo bus. However, later on he came to know that the ticket against his reservation slip was issued to someone else. Complainant then wrote a complaint mentioning the details of the staff present but the officials of the OPs instead of helping him, refused to give him another ticket on the same bus which caused him a lot of mental and physical harassment as the Volvo Bus bearing Registration No.7259 had left for Delhi at 22.15 leaving him in lurch and stranded in the middle of the chilly winter night. Ultimately getting no response from the senior officers of OPs, he had to hire a taxi to reach Delhi as he had made his professional plans for 28.12.2009. Thereafter, complainant sent legal notice dated 3.4.2010 but no reply was received. Hence, alleging deficiency in service and unfair trade practice on the part of OPs, complainant filed complaint before the District Forum. 3. Notice of the complaint was sent to OPs seeking their version of the case but despite due service none entered appearance before the District Forum and suffered ex parte proceedings. 4. The District Consumer Forum after going through the ex parte evidence and hearing counsel for the complainant allowed the complaint as indicated in the opening part of this judgment. This is how feeling aggrieved against the said order, opposite parties have come up in this appeal. 5. We have heard learned counsel for the parties and gone through the file carefully. The only noticeable point of arguments raised on behalf of the appellants/opposite parties is that the OP No.2 was not served as the address given in the complaint was of 30 bays building,Sector-17,Chandigarh whereas the office was situated at Industrial Area, Phase-I, Chandigarh. It was also argued that the General Manager, Haryana Roadways, Chandigarh- OP NO.2 had conducted the inquiry into the matter and negligent officials who were on duty at the time of incident had been issued charge sheets but during inquiry it was found that the complainant had travelled in another AC Bus of Haryana Roadways and did not travel in the taxi so he was not entitled to taxi charges. However, these points of arguments have been repelled by the learned counsel for complainant. 6. A perusal of the file shows that OPs were duly served but they failed to enter appearance before the District Forum. The complainant opted advance booking for going to Delhi and got reserved his seat by paying fair as well as reservation charges but despite reservation he was not provided seat and despite his requests to various officials available at that time he was left stranded in the chilly winter night on 27.12.2009. The negligence on the part of officials is well established ;rather admitted by OPs and charge sheet is stated to have been issued to them but no compensation was paid by OPs. However, there is no evidence on the file to show that the complainant was provided seat in another A.C. bus for going to Delhi. It appears that the officials had allotted the reserved seat of complainant to someone else for getting extra money. It was obligatory on the part of OPs to provide seat to the passenger who had made reservation for the same. OPs certainly failed to provide seat to the complainant for which he was rightly compensated by the learned District Forum. 7. In view of our foregoing discussion, we find no illegality in the impugned order which is well reasoned and justified in the given facts and circumstances of the case. Consequently, the appeal fails same is hereby dismissed, leaving the parties to bear their own costs. Certified Copies of this order be sent to the parties, free of charge. The file be consigned to record room.
| | HON'BLE MRS. NEENA SANDHU, MEMBER | HON'BLE MR. JUSTICE PRITAM PAL, PRESIDENT | , | | 
