Delhi

North East

CC/41/2014

Sh. Pushkar - Complainant(s)

Versus

M/S Ram Rahim Bus Service - Opp.Party(s)

29 Apr 2022

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 41/14

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

In the matter of:

Shri Pushkar

S/o Shri Dal Chand

R/o: 341/1, Dungar Mohalla

Gali Kumharo Wali

Tikona Park, Jwala Nagar

Shahdara, Delhi-110032                                                                 Complainant

	Versus

M/s Ram Rahim Bus Service

Through its Proprietor/AR

G-111, New Seelampur

•  

 

DATE OF INSTITUTION:                ORDER RESERVED ON:                          DATE OF ORDER:

05.02.2014 08.04.2022 29.04.2022

 

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had booked a bus from the Opposite Party for 20.11.2013. Complainant had to pay sum of Rs. 3,400/- for the journey. Complainant had paid Rs. 8,00/- to Opposite Party as advance amount on 18.10.2013. It was alleged by the Complainant that Opposite Party did not sent the bus on 20.11.2013. Complainant further submitted that he had to book private taxi/cab in urgency and Complainant had paid a huge amount. Complainant sent legal notice to Opposite Party on 25.11.2013.
2. Complainant has prayed for issuing direction to Opposite Party to pay a sum of Rs. 1,00,000/- compensation for physical harassment, mental tension and agony. It is also prayed by the Complainant to award Rs. 10,000/- on account of litigation charges.

3.         Complainant has attached copy of cash memo of advance payment of Rs. 800/- and copy of legal notice dated 25.11.2013.

Case of Opposite Party

             4.        The Opposite Party contested the case and filed written statement to the complaint of the Complainant. It was stated by the Opposite Party that Complainant had to pay total sum of Rs. 3,400/- for the said journey. Complainant had paid Rs. 800/- as advance money of booking amount. As per the terms and condition Complainant had to deposit the balance amount of Rs. 2,600/- four days before the journey date. It was alleged by the Opposite Party that Complainant did not pay the rest of the amount. Opposite Party denied that Complainant made payment of remaining amount on 13.11.2013 and Complainant had not placed any document of payment.

5.        The Complainant filed rejoinder to the written statement of the Opposite Party wherein he has denied the preliminary objection raised by the Opposite Party and he has reiterated the assertions made in the complaint.

Evidence of the Complainant

6.           The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint. He has relied upon the documents i.e. copy of cash memo of advance payment of Rs. 800/- and copy of legal notice dated 25.11.2013.

Evidence of the Opposite Party

7.  

Arguments and Conclusions

          8.          On scrutiny of documents, we have observed that Complainant has only placed on record the receipt of Rs. 800/- payment acknowledgment. However, Complainant has failed to submit any proof of having paid the balance amount of Rs. 2,600/- as alleged towards the total agreed amount of Rs. 3,400/-. along with complaint, evidence or during arguments. Hence in our considered opinion the Complainant is not entitled for any refund and compensation etc. Therefore, the complaint is dismissed.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)                                              (Surinder Kumar Sharma)      

       (Member)                                                                (President)