Delhi

New Delhi

CC/296/2017

Ashutosh Kumar - Complainant(s)

Versus

M/s Senior Traffic Manager - Opp.Party(s)

07 Jan 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001

 

Case No.C.C./296/2017                                                      Dated:

 In the matter of:

        Ashutosh  Kumar

        S/o Late C L Prajapati

        R/o C/o Kishan Chand

        RZB – 88 First Floor

        Mahaveer Vihar  Dwarka Sector  1

        Delhi 110045

                                                                                                                                                                                                                        …..COMPLAINANT

 

VERSUS

            Senior Traffic Manager

            Delhi Transport Corporation

            Scindia House New Delhi- 110001

 

.... OPPOSITE PARTY

 

H.M. VYAS – MEMBER

 

                                                      ORDER

 

The gist of the complaint is that the complainant boarded a bus no. 34 to reach Hamdard Nagar from PulPrahladpur on 26/10/2015 charged Rs. 10 instead of Rs. 5 by the bus conductor. On query the bus conductor informed that he charged from Badarpur instead of Pul Prahladpur. The conductor also told that there is no  stop at Badarpur so he charged the fare from the back-stoppage station, Badarpur. In fact the bus did not pass through Badarpur bus stop. So, he could not give the ticket from Badarpur. The act of conductor was rude. Thereafter, the complainant lodged complaint to DTC “complaint cell” for overcharging and narrated whole of the incident to person through Toll free no. 1800118181 of complainant cell.  On 28/11/2015 a written complaint was filed  in writing with Scindia House complaint cell. The first reminder was sent on 20/12/2015 but with futile result.  With reference to a letter no. TR/SH/PGC253/2016 vide dated 07/01/2016, the complainant furnished the copy of the ticket on 20/02/2016 as per their demand. Alleging deficiency in service on the part of OP, following prayer has been made:-

1. To pay the overcharged amount with interest  till the date of realization.
2. To pay consultancy charges Rs. 5000/-
3. To pay the compensation for mental agony as the Honourable deems fit.
4. Pass any such order as deems fit.

The OP was noticed and filed written statement denying all allegations leveled against on him stating that no such Bus stop in the name of PulPrahladpur existed in the DTC record, even no such bus as mentioned by the complainant is under squad of DTC. It was also stated by the OP that all the buses of Route no. 34 are being operative via Badarpur bus stand and  accordingly, the fare charges of Rs. 10/- was fixed for the distance between Prehladpur bus stop to Hamdard Nagar. So, the charging fare Rs. 10/- is legal with valid sanctity. Apart from these, on the internal inquiry  from the complainant cell  it had been revealed  that no such complaint was ever received with the complainant cell on 26/12/2015. The complainant lodged the complaint on 28/11/2015 with illegal motives and had asked to pay Rs. 500/- from the DTC. The complainant did not mention the ticket number so that the department  failed to act upon it immediately.  It was also found that no bus route no 34 in the name of PulPrehladPur and in the absence of ticket number it was not possible to trace out theallegations, hence the complaint is liable to be dismissed. 

The complainant filed the rejoinder to the said OP’s version stating that he filed application under an RTI in which they mentioned  that the fare from Pulprehladpur to Hamdard Nagar is Rs. 5/- and the bus stand in the name of PulPrehladpur was clearly mentioned in respect of the bus number. It was submitted that the complainant informed to the complainant cell through his Mobile Number 9968787100 and requested to lodge complaint but the person sitting the complainant cell also favoured the act of conductor.

Both the parties filed their respective evidence by way of affidavit and also addressed oral arguments.

We have perused the material placed before us and submissions made by the parties.

Perusal of the record shows that OP overcharged for the ticket  from Pul Prahladpur to Hamdard Nagar and the bus stop named Pul Prahladpur existed on bus route no. 34.Thus, we are of the considered view that OP is deficient in service and also adopted unfair trade practice. We hold accordingly and direct as under :-

• OP to pay a sum of Rs. 500/- as compensation including overcharged amount of Rs. 5/- to the complainant alongwith 9% simple interest from the date of filing i.e. 04/07/2017 till realization including mental agony and litigation cost

The order shall be complied within 30 days of the receipt of the copy of this order.

A copy of this order be sent to each party free of cost by post as per statutory requirement.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 07/01/2020    

                                                        

 

 

                                                             (ARUN KUMAR ARYA)

                                                                    PRESIDENT

 

       (NIPUR CHANDNA)                                                                       (H M VYAS)

                  MEMBER                                                                                    MEMBER