C.F. CASE No. : CC/11/02
COMPLAINANTS : 1) Mamotaj Mallick, S/o Mainuddin Mallick
2) Sahira Khatun, W/o Mamotaj Mallick
3) Minor Sujan Sohana, D/o Mamotaj Mallick
for Mamotaj Mallick, S/o Mainuddin Mallick
4) Meher Mallick, S/o Mainuddin Mallick
5) Tanuja Khatun, W/o Meher Mallick
6) Minor Tanbir Mallick, S/o Meher Mallick
7) Minor Washim Raja Mallick, S/o Meher Mallick
For both Meher Mallick, S/o Mainuddin Mallick
8) Sultan Mallick, S/o Sahidulla Mallick
9) Abdul Ajij Mandal, S/o Baytulla Mandal
10) Habiba Mandal, W/o Abdul Ajij Mandal,
11) Minor Habib Mandal, S/o Abdul Ajij Mandal,
for Abdul Ajij Mandal, S/o Baytulla Mandal
12) Nasiba Sultana, W/o Lulu Ahmed
13) Minor Neha Sultana, D/o Lulu Ahmed
for mother Nasiba Sultana, D/o Lulu Ahmed,
14) Rehena Sultana, W/o Muktar Mandal,
15) Minor Moutusi Mandal, D/o Muktar Mandal,
for mother Rehena Sultana, W/o Muktar Mandal
16) Afroja Khan, W/o Enayet Khan
17) Mili Khan, W/o Sentu Khan
18) Rokybuddin Khan, S/o Hekmat Khan
19) Kabita Khan, W/o Rokybuddin Khan,
20) Osman Gami Mandal, S/o Nawosar Ali Mandal
21) Bagbul Islam Biswas, S/o Badaruddin Biswas,
22) Ukil Mandal, S/o Late Kader Mandal,
23) Asraf Hosen, S/o Samsul Haq
24) Salim Mandal, S/o Sadar Mandal,
25) Babli Sultana, W/o Salim Mandal,
26) Anarul Jaman, S/o Ayojuddin Mandal
27) Samim Rahaman, S/o Atayur Rahaman
28) Bakkar Biswas, S/0 Ramjan Biswas,
29) Rabeya Khatun, W/o Bakkar Biswas
30) Fajlur Rahaman, S/o Masud Rana
31) Aduri Biswas, W/o Fajlur Rahaman
32) Mamoni Biswas, D/o Fajlur Biswas
All Vill & P.S. Chapra, P.O. Bangaljhi, Dist. Nadia
33) Hafejuddin Mandal, S/o Khodabox Mandal
34) Abul Rahim Sk. S/o Rahamatulla Mandal
35) Alivia Sk, S/o Abdul Rahim Sk.
- Harun Al Rasid, S/o Hafejuddin Mandal
All Vill. Singhati, P.O. Ghateswar, P.S. Dhubulia
Dist. Nadia
37) Abdul Hamida Sk.
38) Reshma Bibi, W/o Abdul Hamid Sk
39) Minor Reshmi Khatun, S/o Abdul Hamid Sk
40) Anowar Sk, S/o Abdul Hamid Sk
for both father Abdul Hamid Sk
41) Liyakat Ali Sk
42) Kamanur Nahar Bibi, W/o Liyakat Ali Sk
43) Minor Suvraj Sk, S/o Liyakat Ali Sk
44) Minor Laboni Khatun, S/o Liyakat Ali Sk
for both father Liyakat Ali Sk
from No. 37 to 44, vill. & P.O. Bamunpukur,
P.S. Nabadwip, Dist. Nadia
45) Jakir Sk, S/o Budu Sk
46) Chandana Bibi, W/o Jakir Sk
47) Minor Mamoni Khatun, D/o Jakir Sk
48) Minor Basir Ahmed, S/o Jakir Sk
49) Asraf Mandal
50) Mili Mandal, W/o Asraf Mandal
All vill. & P.O. Chandanpur, P.S. Nakashipara,
Dist. Nadia
OPPOSITE PARTIES/OPs: 1) Kalidas Dutta,
Owner,
BST Travels & Transport Co.
BC Road (Near Chakdaha Rail Station)
P.O. & P.S. Chakdaha, Dist. Nadia
2) Manager,
BST Travels & Transport Co.
BC Road (Near Chakdaha Rail Station)
P.O. & P.S. Chakdaha, Dist. Nadia
3) Driver,
BST Travels & Transport Co.
BC Road (Near Chakdaha Rail Station)
P.O. & P.S. Chakdaha, Dist. Nadia
Bus No. WB 51A0987
PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SMT SHIBANI BHATTACHARYA MEMBER
: SHRI SHYAMLAL SUKUL MEMBER
DATE OF DELIVERY
OF JUDGMENT : 21st April, 2011
: J U D G M E N T :
In brief, the case of the complainants is that an agreement was executed by and between the complainant No. 1 and the OP No. 1 & 2 on 16.07.10 to the extent of hiring one luxury bus bearing No. WB 51 A0987, the complainants would travel some places of South India at a rental of Rs. 1,16,000/-. Accordingly, Rs. 10,000/- was paid as advance. It was also in the agreement that the departure time of the bus was 13.10.10 at 10 am from Bethuadahari and Chapra and the date of return was 24.10.10 to Chapra and Bethuadahri. The visiting places were Gopalpur, Vizag, Arakku Valley, Hyderabad, Bhadrachalam, Puri and Chilka Lake. As per the agreement the complainants started their journey on 13.10.10 from Bethuadahari and Chapra at 5.30 pm instead of 10 am. As per contract the bus at first went to Chilka instead of Gopalpur at which the complainants raised objection. In reply the OP No. 3 intimated that as per direction of the OP No. 1 & 2 he did not move towards Gopalpur. The bus was moving at a speed of 30 to 35 km per hour at which they also raised objection. Besides this, rain water was pouring from the roof of the bus when it was proceeding towards Vizag on 14.10.10 as a result of which the luggages of the complainants were damaged. On 16.10.10 it was the programme to visit Arakku Valley from Vizag. Accordingly all the complainants came to bus in order to go for that journey, but the OP No. 3 intimated them that there was a direction from the OP No. 1 not to proceed towards the hill station of Arakku valley. So he declined to go there with the bus. As a result of this the complainants had to visit that place by train and returned by private vehicles at a cost of Rs. 650/- per head. On 21.10.10 in the border of Orissa the bus was stopped by the driver. On enquiry it was learnt that the driver was not provided with the money for having proper permission to proceed the bus towards Puri and Chilka. At that juncture, the complainants party paid Rs. 10,000/- from them in order to collect permission to visit Puri. It was also in the contract that the complainants would stay at Puri on 21st and 22nd October and after visiting Udaygiri, Dhabalgiri, Konarak Temple and Nandan Kanan on 23rd instant, they would reach their residential place on 24th October. But the OP driver intimated them that the bus had no permission to stay in Orissa up to 22nd, so they were compelled to return on that date without visiting those places. On 22.10.10 the driver was reluctant to proceed towards West Bengal with the bus as there was no oil in the tank. Again the complainants’ party had to pay Rs. 5,000/- to purchase oil which the OPs did not repay. On 23.10.10 they reached Chakdaha Chowrasta and the driver of the bus drove the bus towards the house of the OP No. 1, when the complainants were compelled to get down from the bus as the OPs declined to move further towards Bethuadahari. After a long journey the complainants had to book another bus at a cost of Rs. 8,000/- to reach Bethuadahari from Chakdaha. All these activities of the OPs caused serious harassment and discomfort to the complainants. Practically, the OPs acted violating the terms & conditions of the agreement which is a gross deficiency in service on their part. So the complainants have filed this case praying for the reliefs as stated in the petition of complaint.
Notices were duly served upon the OPs who declined to receive the same and they did not appear before this Forum to contest the case by filing any written version also. So the case is heard exparte.
POINTS FOR DECISION
Point No.1: Have the complainants any cause of action to file this case?
Point No.2: Are the complainants entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
On a careful perusal of the petition of the complaint along with the annexed documents filed by the petitioners it is available on record that an agreement was executed by and between the complainant No. 1, Mamotaj Mallick and the OP No. 1 & 2 on 16.07.10 to that extent that complainants would hire a bus from them for visiting Gopalpur, Vizag, Arakku Valley, Hyderabad, Bhadrachalam, Puri and Chilka Lake on and from 13.10.10 to 24.10.10 at a rental of Rs. 1,16,000/-. From this agreement it is available that the starting point was Bethuadahari and Chapra and the return places were Chapra and Bethuadahari. As advance Rs. 10,000/- was paid on that date. The allegation of the complainants is that on the first date of journey the bus reached Bethuadahari and Chapra at 5 pm instead of 10 am as noted in the agreement. Thereafter, on the way the bus was moving slowly and on the way to Vizag due to heavy rain water was pouring from the roof of the bus, as a result of which the luggages of the complainants were damaged. The main allegation is that on 16.10.10, on the day of the visiting Arakku Valley, the driver (OP No. 3) declined to proceed to that place as per instruction of the OP No. 1 & 2 with a new bus as it was a hill place. This caused serious harassment to the complainants who were compelled to visit that place by train and returned by car at a cost of Rs. 650/- per head. Complainants have filed a copy of the railway tickets of that date, i.e., 16.10.10 from Vishakhapatnam to Arakku Valley. Besides this at the time of crossing the Orissa Border they had to pay Rs. 10,000/- to the OP No. 3 to collect permission for proceeding towards Orissa. Again at the time of return from Puri they had to pay further Rs. 5,000/- to purchase oil for the bus. Finally, though it was in the contract that journey would be completed at Bethuadahari and Chapra, but the OPs compelled them to come down from the bus at Chakdaha where the OP No. 1 & 2 reside. It has also caused harassment to the complainants who had to pay further Rs. 8,000/- to reach home by another bus. It is already discussed that the OPs have not appeared in this case though notices were duly served upon them. On the side of the complainants, the PW-1 has filed affidavit-in-chief supporting the contention made in the petition of complaint. PW-2 is the cook who also accompanied the complainants during the time of their journey has also supported the contention as made in the petition of complaint by filing examination-in-chief.
Therefore, considering the facts of this case along with oral and documentary evidences and after hearing the argument advanced by the ld. lawyer for the complainants, it is our view that the complainants have become able to prove their case. We do further hold that the OPs have violated the terms and conditions of the agreement as a result of which the complainants had to suffer both financially and mentally. They were also harassed by the OP parties. Considering all these, we are inclined to hold that the complainants are entitled to get compensation as they have become able to prove their case regarding the deficiency in service on the part of the OPs. In result the case succeeds.
Hence,
Ordered,
That the case, CC/11/02 be and the same is decreed exparte against the OPs. The complainants are entitled to get Rs. 30,000/- which was spent to visit Arakku Valley + Rs. 10,000/- as the permission fees of Orissa + Rs. 5,000/- as oil charge + Rs. 8,000/- for return bus fare from Chakdaha to Bethuadahari, i.e., in total Rs. 53,000/-. They are also entitled to get compensation of Rs. 10,000/- for harassment caused to them along with Rs. 5,000/- as litigation cost, thus in total Rs. 68,000/-. The OP No. 1 & 2 are directed jointly or severally to pay the decretal amount to the complainants within a period of one month since this date of passing this judgment, in default, the decretal amount will carry interest @10% per annum since this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
