JUDGMENT AND ORDER
The present case has been filed by complainant Dr. R. Dhar against J. Tours & Travels Pvt. Ltd. ( here-in-after called the Opposite Party or O.P.) stating the facts that on 17/07/2019 the complainant travelled in Leyland A-C Seater-sleeper Executive Luxury (2+1) night super of the O.P. which started from Guwahati ISBT at 8.00 P.M. It has been alleged that though AC bus charges were taken from the complainant but throughout the journey no AC was given. On 18/07/2019 at 7.00 A.M. the bus reached Silchar. When the complainant reached home her both arms started severe itching. On the same day in the evening she saw redness and swelling on her both arms. On the next day the itching and redness became more severe. On 20/07/2019 she consulted dermatologist Dr. A. K. Bhattacharjee who prescribed her medicines. The doctor also told the complainant that it was a case of bug bite. According to the complainant , the bus seats were kept in a very unhygenic condition and bugs were present in the bus seats. As a result, the complainant suffered inconvenience and unnecessary harassment for poor maintenance of the bus. Under the circumstances the complainant has prayed for passing an award of Rs.25,000/- towards compensation and for cost of the proceeding.
The Opposite Party filed written statement and contested the case stating , interalia, that there is no cause or reason for the complainant, that the complaint is not maintainable in its present form and manner etc. etc. The O.P. has denied the allegations raised by the complainant. It is stated that on the date of occurrence there would have been several other passengers in the bus but none has come forward with any complaint either regarding non-functioning of AC or regarding bug bite. Further version of the O.P. is that had there been any such occurrence the other passengers would have definitely made complaint. As such, according to the O.P. , the complaint is devoid of any valid cause or justification and the same is liable to be dismissed.
In order to substantiate the facts stated in the complaint petition the complainant has submitted her evidence on affidavit and has also exhibited some documents. On the other hand, from the side of O.P. evidence on affidavit of DW-1 has been submitted in the case. Both parties have also submitted written argument. Perused the entire evidence on record.
In her evidence the complainant has reiterated the same facts as stated by her in her complaint petition. Version of the complainant is that on 17/07/2019 she travelled from Guwahati to Silchar in Leyland A-C seater-sleeper Executive Luxury (2+1) night super of the O.P. which started from Guwahati ISBT at 8.00 P.M. It has been alleged that though the bus was an AC bus and charge for AC was taken but throught the journey no AC facility was provided. Further the seat which she booked was drenched and as a result she could not seat properly. According to PW-1, the complainant, on 18/07/2019 at 7.00 A.M. the bus reached at Silchar and thereafter on reaching home she started feeling severe itching on her both arms and by evening of the same day redness and swellings became visible on her both arms. As claimed by PW-1, she consulted Dr. A. K. Bhattacharjee who prescribed her medicines and diagnosed that it was a case of bug bite. It has been alleged by PW-1 that the seats of the bus were kept in very unhygenic condition and the bugs were present in the bus seats. PW-1 has also exhibited Ext.-1 the photocopy of online ticket, Ext.-2 the photos of both arms of PW-1 showing redness and swelling and Ext.-3 the prescription of Dr. Anup Kumar Bhattacharjee.
On the other hand in his evidence DW-1 has denied the allegations levelled by the complainant against the O.P. Travel Agency. The evidence of DW-1 is that on the date of alleged occurrence there would have been several other passengers in the alleged vehicle but none has come forward with any complaint or allegation regarding non-functioning of AC or regarding any bug bite. According to DW-1, if there would have any such occurrence as alleged by PW-1 then the other passengers of the bus would have definitely made complaint. Further contention of DW-1 is that the O.P. firm is carrying passengers for last three decades and has earned name and fame.
From Ext.-1 copy of bus ticket submitted by PW-1 , the complainant, it reveals that the said ticket is in respect of AC bus of the O.P. Tours &Travels issued in the name of the complainant for going to Silchar from Guwahati and the date of journey is 17/07/2019. However Ext.-1 ticket is not disputed and also it has not been denied from the side of O.P. that on the date of occurrence in the alleged bus the complainant travelled from Guwahati to Silchar. PW-1 has averred that on the following day morning after the bus reached Silchar she went to her home and started feeling severe itching on her both arms and by the evening she saw redness and swelling on her both arms. Ext.-2 the photocopy submitted by the PW-1 supports the said fact. Further claim of PW-1 is that on the next day she consulted Dr. A. K. Bhattarcharjee, the Dermotologist, who prescribed her medicines and told that it was caused due to bug bite. Ext.-3 the copy of prescription submitted in the case fully supports the said fact. Now the submission of the complainant is that on the relevant night the bus seats were kept in very unhygenic condition and bugs were present in the bus seat and due to bug bite she sustained said injuries.
In order to counter the said claim of the complainant the DW-1 in his evidence as well as in their written argument the O.P. side has denied that on the relevant night in the alleged bus the bus seats were kept in unhygenic condition and moreover plea has been taken that on that particular night there were other passengers travelling on the alleged bus but nobody except the complainant had made any such complaint. Also it has been stated that if there would have been any such occurrence as claimed by the complainant then definitely the other passengers of the bus could have made complaint. But this plea of the O.P. side, according to us, cannot discredit the claim of the complainant and can not make her claim unbelievable when the exhibited medical reports and photographs substantiate the sustaining of injuries due to bug bite. On the other hand, it cannot be presumed that the complainant being a responsible lady doctor would bring a case on false allegations against the Travel Agency only for getting some amount of compensation. Rather we find that she took trouble in filing the case for getting legal remedy of her grievances unlike majority people of the present society who are shy of taking legal recourse for such grievance. There is also nothing in the case record to show that the complainant had any previous hostility with the O.P. However the O.P. side has taken the plea that the complainant did not disclose her discomfort to the driver or helper of the bus. Also the allegations of the complainant are that the AC of the bus was non-functioning though charge was taken and her allotted seat was drenched and as a result she could not seat comfortably in the bus. But it is a fact that nowhere in the case record there is any whisper that the complainant reported to the driver or helper about her discomfort on sitting in her alloted bus seat and /or about non-functioning of the AC of the bus . However so far as the allegation regarding sustaining of bug bite injuries this she felt only after reaching home when severe itching started on her both arms. The presence of bugs on the bus and seats clearly substantiate the fact that the bus was kept in unhygenic condition. The O.P. is legally bound to keep the bus and its seats in which the passengers are travelling in hygenic condition and also each and every passenger is legally entitled to get that service . The complainant being passenger of the bus is a consumer under the O.P. and being so she has got every right to seek legal redress in this Consumer Commission for any grivance. According to the complainant she suffered bug bite in the bus and it caused much pain to her.
In view of the above discussions of the materials available on record we are of the considered opinion that the complainant is entitled to get relief in the case against the O.Ps. Accordingly, it is ordered that the O.Ps . will pay an amount of Rs.15,000/- ( Rupees fifteen thousand ) only to the complainant being compensation for medical treatment including compensation for mental agony, pain and harassment. In addition the O.Ps. will pay an amount of Rs.5,000/- (Rupees five thousand) to the complainant towards cost of litigation. The entire amount shall be payable within a period of 45(forty five) days failing which interest @ 9% shall accrue on the entire amount from the date of this order till payment.
With the above relief the case stands allowed on contest.
Given under the hand and seal of this Commission on this 15th day of February’ 2022.
