Chandigarh

DF-I

CC/512/2017

Amardeep Singh Sandhu - Complainant(s)

Versus

Ministry of Transport, Haryana Govt. - Opp.Party(s)

In Person

04 Jun 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                                     

Consumer Complaint No.	:	CC/512/2017
Date of Institution	:	13/07/2017
Date of Decision	:	04/06/2018

 

 

1]      Amardeep Singh Sandhu son of Surjit Singh Sandhu, Resident of H.No. 1666, Sector 7, Karnal – 132001.

2]      Vinaya Sandhu daughter of Surjit Singh Sandhu, Resident of H.No. 1666, Sector 7, Karnal – 132001.

…..Complainants

 

V E R S U S

 

 

[1]     Ministry of Transport, Haryana Government, through Sh. S.S. Dhillon, Additional Chief Secretary to Government Haryana, Transport Department, Room No. 430, 4^th Floor, Haryana New Secretariat, Sector 17, Chandigarh – 160017.

 

[2]     General Manager, Haryana Roadways, Plot No.182, Industrial Area, Phase-I, Chandigarh – 160002.

 

[3]     General Manager, Haryana Roadways, Gurugram.

 

…… Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER

                                               

                                                                       

ARGUED BY	:	Sh. Amardeep Singh Sandhu, Complainant No.1 in person, as Authorized Representative of Complainant No.2.
		None for Opposite Parties.

 

 

PER SURJEET KAUR, MEMBER

1.                Shri Amardeep Singh Sandhu and Anr., Complainants have preferred this Consumer Complaint u/s 12 of the Consumer Protection Act, 1986, against Ministry of Transport, Haryana Government & Others (hereinafter called the Opposite Parties), alleging that on 04.06.2017 they boarded the Super Luxury A.C. Volvo Deluxe Bus of the Opposite Parties for their journey from Chandigarh to New Delhi (non-stop route - with one stop at Karnal for refreshment) by paying Rs.1200/- vide e-ticket Annexure C-1. The A.C. in the bus was not working from the very start and for fixing the fault, it was taken to the Workshop of Opposite Parties in Industrial Area, Chandigarh, where the passengers were forced to wait for an hour, resulting in delaying the journey for the said period. However, after repairs, the A.C. did not work and the repeated requests of the passengers to arrange another bus also fell into deaf ears of the Driver and the Conductor. Eventually, a legal notice dated 20.06.2017 was served upon the Opposite Parties, but to no success. With the cup of woes brimming, the Complainants have filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.

2.                Notice of the complaint was sent to Opposite Parties seeking their version of the case.

3.                Opposite Parties No.1 & 2 resisted the Complaint by filing their joint written statement, inter alia, pleading that the bus was in perfect condition. A.C. being an electronic machine, could break down at any time. According to the Driver and the Conductor, the A.C. was functioning, but not cooling properly. The passengers were given option to seek refund, but they requested for re-fix of A.C.  As such, the bus was taken to the Workshop, where it was checked and eventually left Chandigarh for Gurugram and reached its destination. Thus, the delay was due to unavoidable circumstances. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.

4.                Opposite Party No.3 did not file any separate written statement. Sh. Om Parkash, Clerk O/o General Manager, Haryana Roadways, Gurugram and Sh. Rajinder Kumar, Conduct No.10, Haryana Roadways, Gurugram, have made a joint statement on 27.10.2017 that Opposite Party No.3 adopts the written statement filed by Opposite Parties No.1 & 2 and the same be read as written statement on behalf of Opposite Party No.3 as well.

5.                The parties led evidence in support of their contentions.

6.                We have gone through the entire evidence and heard the arguments addressed by the Sh. Amardeep Singh Sandhu, Complainant No.1 in person and as Authorized Representative of Complainant No.2.

7.                The case of the Complainants is that they travelled through the Super Luxury A.C. Volvo Deluxe Bus managed by the Opposite Parties and paid Rs.1200/- vide e-Ticket (Annexure C-1). The grouse of the Complainants is that the A.C. in the said Bus was not working from the very beginning and for the necessary repairs even the bus kept standing at the Workshop for more than an hour, resulting not only delay in the journey, but also inconvenience and discomfort to the Complainants and other passengers in the scorching heat in the month of June.

8.                The stand taken by the Opposite Parties is that the Bus was in a perfect condition. The A.C. being an electrical machine was functioning, but was not giving cooling properly. Even the passengers were offered the refund, but it was the choice of the Complainants to travel through the same Bus to reach their destination. It has also been contended that the delay was due to unavoidable circumstances.  

9.                It is an admitted fact that the A.C. in the Bus was not working and due to that very reason, the Opposite Parties offered refund to all the passengers. It is also an admitted fact that due to non-functioning of the A.C., all the passengers in that Bus were made to stand at the Workshop for a long period. Both these admitted facts i.e. the offer of the refund and non-functioning of the A.C. in the Bus is sufficient to prove that the Opposite Parties themselves were aware that it will be difficult for the passengers to travel throughout from Chandigarh to New Delhi without A.C. in the month of June i.e. the peak summer. Therefore, we are of the opinion that it must be a horrible experience for all the passengers, including the Complainants for travelling from Chandigarh to New Delhi in a closed suffocating Bus with fixed glass window panes as it was an A.C. Bus with non-functional A.Cs.  It is important to note that there is a duty upon the General Manager, Haryana Roadways, and the officials working under him to maintain trouble free service of the transport system and condition of the buses plied by them to which they have miserably failed which has put the Complainants to great deal of inconvenience, expense and mental agony.  

10.             The Complainants in the prayer clause has sought refund of the fare charges for the journey undertaken by them in the non-functional A.C. bus from Chandigarh to New Delhi. However, per material on record, we cannot grant said relief to the Complainants, especially keeping in view the fact that the Complainants have already travelled their desired destination, undoubtedly with discomforts/ problems on account of non-functional A.Cs. The act of Opposite Parties in forcing the Complainants along with other passengers to travel in a condition worse than ordinary buses on an extremely hot day of June proves unfair trade practice and deficiency in service on their part. However, since the complainants underwent a lot of mental agony and physical harassment, in our considered opinion, if a consolidated compensation, in the sum of Rs.5,000/-, is granted to them, it would be reasonable, fair and adequate.

11.             In view of the foregoings, we are of the opinion that the present Complaint must succeed. The same is accordingly partly allowed. Opposite Parties No.1 to 3 are, jointly and severally, directed as under:-

 

[a]    To pay Rs.5,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainants; 

[b]    To pay Rs.3,000/- as cost of litigation;

 

12.          The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid. 

13.             The certified copies of this order be sent to the parties free of charge. The file be consigned.

		Sd/-	Sd/-
04/06/2018		[Surjeet Kaur]	[Rattan Singh Thakur]
		Member	President
“Dutt”