The case of the complainant, in short is that in order to travel to Bhubaneswar from Malkangiri on 20.12.2014 she booked advance ticket on 15.12.2014 on payment of Rs. 632/- but the said bus did not reached at Malkangiri on 20.12.2014 for which the complainant faced much trouble and by arranging a private vehicle on hire moved to Bhubaneswar. Due to the deficiency in service on the part of the Opposite Parties, the complainant suffered mental agony, physical harassment and financial loss and finding no other alternative the complainant taken shelter of this Forum for proper redressal of his grievances with a prayer to direct the Opposite Parties to refund Rs. 632/- the advance booking charges, direct the Opposite Parties to pay Rs. 11,448/- towards the hire charges of vehicle and pay Rs. 50,000/- towards compensation for harassment and pay Rs. 50,000/- towards the cost of the litigation expense.
On receipt of notice, the Opposite Parties appeared and filed their written version separately denying their liabilities. In their written version the Opposite Parties have submitted that the complainant had proceeded in their bus from Jeypore to Bhubaneswar for which she booked advance ticket as such there is no deficiency in service on their part.
Decision with reasons
Perused the pleading of the complainant/opposite Parties and gone through the record carefully. The Opposite Parties are taking the plea that the bus was break down at Govindapali and after its repair the bus retuned back to Jeypore and the complainant and other passengers who purchased the tickets came to Jeypore and proceeded to Bhubaneswar comfortably. In support of their claim the Opposite Parties have not filed any break down report of the said Bus. Further, In case the complainant moved Bhubaneswar from Jeypore then it was the duty of the Opposite Parties to retuned the fare from Malkangiri. The said refund receipt is also not produced by the opposite Parties in support of their case. The Opposite Parties have also not filed any evidence of side passenger who were moved with the complainant on the alleged date. In absence of any independent evidence and the proof of retuned of different fare from Malkangiri to Jeypore, it cannot be said that the complainant proceeded to Bhubaneswar from Jeypore with allotted seat No. 25 in the Bus. Further in case the Bus got break down at Govindapali Ghat Section, what prevented the Opposite Parties not to arrange another Bus to shift the passengers of Malkangiri up to Govindaplli which is hardly 50 kilometers from Malkangiri. The Opposite Parties have also not exhibited the log book of the alleged bus in support of the break down.
Based on the above discussions it is proved that there is gross negligence and deficiency in service on the part of the opposite parties as such, the complainant is entitled for compensation for physical harassment, mental agony and the inconvenience caused to her.
Keeping in view the above facts and referred case laws, which are applicable on the facts and circumstances of the case, we have come to the conclusion that complaint is tenable. We find that the Opposite Parties are deficient is service in this case for which the complainant is entitled to the relief. Hence, it is ordered that
ORDER
We direct the Opposite Parties to refund Rs. 632/- the charge of advance ticket to the complainant and pay Rs. 5,000/- (five thousand only) towards monetary compensation which includes the litigation expenses also.
The Order shall be complied with 30 days from the date of receipt of copy of this order. In default the Opposite Parties are liable to pay Rs. 50/- for each day of delay till its realization.
Supply free copy to each party as per rules.
Delivered on this the 11th December, 2015.
