Punjab

Fatehgarh Sahib

CC/39/2016

Sutantardeep singh - Complainant(s)

Versus

Jhajj Express - Opp.Party(s)

Sh Jagjit singh

29 Nov 2016

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                         Consumer Complaint No.39 of 2016

                                                                Date of institution: 08.04.2016                                                                         Date of decision   : 29.11.2016

Sutantardeep Singh, aged about 40 years, son of Sh. Kuldeep Singh, resident of village Badgujran, Tehsil Amloh, District Fatehgarh Sahib, now at village Kotla Bajwara, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. Jhajj Express, office at Bassi Road, Sirhind, Tehsil and District Fatehgarh Sahib through its Manager/authorized person.
2. Ajaib Singh son of Gurmail Singh, resident of VPO Bharpurgarh, Tehsil Amloh, District Fatehgarh Sahib, Conductor of Bus No. PB-23G-5787 of respondent No.1, as disclosed by the respondent No.1.

 

 …..Opposite parties       

Complaint under Sections 12 to 14 of the Consumer Protection Act 1986

Quorum

 

Smt. Veena Chahal, Member           

Sh. Amar Bhushan Aggarwal, Member

         

Present :      Sh. Jagjot Singh, Adv.Cl. for the complainant.

                   Sh. Vinay Sood, Adv.Cl. for the OPs.

 

ORDER

By Amar Bhushan Aggarwal, Member

                Complainant, Sutantardeep Singh, aged about 40 years, son of Sh. Kuldeep Singh, resident of village Badgujran, Tehsil Amloh, District Fatehgarh Sahib, now at village Kotla Bajwara, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite party (hereinafter referred to as “the OP”) under Sections 12 to 14 of the Consumer Protection Act 1986. The brief facts of the complaint are as under:

2.              On 26.02.2016 the complainant boarded in the bus of OP No.1 bearing registration No.PB-23G-5787 from Mandi Gobindgarh to Kotla and gave Rs.15/- to OP No.2 for ticket, but OP No.2 told the complainant that his bus charges is Rs.20/- for the said ticket. When the complainant raised protest before OP No.2 then he thrown away the amount of Rs.15 in the bus and started misbehaving with the complainant. The complainant had to pay Rs.20/- to the OPs under compelled and forced circumstances.  OP No.2 charged fare of Rs.20/- from the complainant from Mandi Gobindgarh to Kotla and issued ticket No.025427 to the complainant, inspite of the fact that the fare of the said distance was fixed by the government as Rs.15/-only. At the time of issuance of said ticket, the complainant requested OP No.2 to charge Rs.15/- but he did not listen to the genuine requests of the complainant and also misbehaved with the complainant. The complainant also filed applications to the concerned authorities i.e.State Transport Commissioner, Chandigarh, DTO Fatehgarh Sahib, SHO P.S. Mandi Gobindgarh against the OPs. But no action has so far been taken against the OPs by the said authorities. The act and conduct of the OPs amounts to unfair trade practice and deficiency in service on their part.  Hence, this complaint for giving directions to the OPs to refund the excess fare paid by the complainant and further to pay Rs.80,000/- as compensation/damages on account of mental agony, harassment, defamation and humiliation suffered by the complainant and Rs.11,000/- as litigation expenses.

3.             The complaint is contested by the OPs, who filed joint written reply. In reply to the complaint OPs raised certain preliminary objections, inter alia, that the present complaint is not maintainable; the complaint is misuse and abuse of the process of the law; the complaint is false, frivolous and vexatious; the complainant has not come to the court with clean hands; the complainant had got no cause of action to file the present complaint and the complainant has concealed true and material facts from this Forum. As regards to the fact of the complaint, OPs admitted that the fare for Kotla Bajwara to Mandi Gobindgarh is Rs.15/-. But, they denied that the complainant boarded the bus form Mandi Gobindgarh to Kotla. The OPs stated that the complainant boarded the bus from Mandi Gobindgarh to Peerjain and for that purpose the ticket for Rs.20/- was issued to the complainant. It is further stated that the complainant had asked for the ticket from Mandi Gobindgarh to Peer Jain and not for Kotla Bajwara.  The fare has been charged as per the distance between Mandi Gobindgarh and Peerjain for which the ticket has been issued to the complainant. The OPs stated that there is no deficiency and unfair trade practice on their part. After denying the other averments made in the complaint, they prayed for dismissal of the complaint.

4.             In order to prove his case the complainant tendered in evidence his affidavit Ex. C-1, attested copy of ticket of Punbus/Punjab Roadways Ex. C-2, attested copy of ticket of OP's Bus Ex. C-3, attested copies of complaints addressed to various authorities Ex. C-4 to Ex.C-6, affidavit of Kulwinder Singh Ex. C-7, affidavit of Satpal Singh Ex. C-8, attested copy of ticket No.025498 Ex. C-9, affidavit of Lakhbir Singh Ex. C-10 and closed the evidence. In rebuttal the OPs tendered in evidence affidavit of Ajaib Singh Ex. OP-1, affidavit of Avtar Singh Ex. OP-2 and closed the evidence.

5.             The Ld. counsel for the complainant argued that the complainant boarded the Bus of the OPs on 26.02.2016 and travelled from Mandi Gobindgarh to Kotla. OP No.2 charged Rs.20/- as fare as shown on the ticket No.025427 issued to the complainant, whereas the official fare fixed by the Government for this journey is Rs.15/-, which was evident from the ticket issued by the Punjab Roadways Bus. Thus, the OPs have indulged in unfair trade practice. Not only this, most of the times the OPs even do not issue the tickets or if tickets are issued, then neither the originating Station/destination are shown nor fare is mentioned on the tickets, which is a grave deficiency in service on the part of the OPs. The Government Transport authorities and the police authorities were also informed about this malpractice being resorted to by the OPs. The counsel thus pleaded for acceptance of his complaint and heavy penalty be imposed on the OPs.

6.             The ld. counsel for the OPs argued that the complainant travelled from Mandi Gobindgarh to Peerjain and not from Mandi Gobindgarh to Kotla. Bus fare from Mandi Gobindgarh to Peerjain is Rs.20/-, which was correctly charged as per Government rates. The Bus fare for Mandi Gobindgarh to Kotla was no doubt Rs.15/-. The fare had been charged as per the distance between Mandi Gobindgarh and Peerjain for which the ticket had been issued to the complainant. The Ld. counsel thus pleaded for dismissal of the complaint since OPs had not indulged in any malpractice or unfair trade practice.

7.             After hearing the ld. counsel for the parties and going through the pleadings, evidence produced by the parties and the oral arguments, we find that there is force in the submissions of the Ld. counsel for the complainant. The OPs have certainly charged excess fare of Rs.5/- over and above the fare fixed by the Government Authorities. Thus, they have resorted to unfair trade practice and also committed deficiency in service by not mentioning clearly the originating and destination station and fare on the tickets.

8.             In view of the above discussion, we accept the present complaint and direct the OPs to:

      a)       Refund Rs.5 to the complainant.

      b)      Pay to the complainant a sum of Rs.5,000/- on account of unfair trade practice, harassment, mental tension including cost of litigation.

 The refund and the compensation be paid within a period of 45 days from the date of receipt of certified copy of this order otherwise it will carry 9% interest p.a. till its realization.

9              The arguments on the complaint were heard on 17.11.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.    

Pronounced                                                        

      Dated: 29.11.2016

 

                                                                               (Veena Chahal)                                  

                                                                                  Member

 

 

(A.B.Aggarwal)      

 Member