Punjab

Patiala

CC/19/478

Sushila Gupta - Complainant(s)

Versus

Pepsu Road Transpart Carparation - Opp.Party(s)

Inperson

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 478/2019
Date of Institution	:	2/12/2019
Date of Decision	:	24.3.2023

 

 

Sushila Gupta wife of Sh.Harbans Lal Gupta, resident of H.No.303, Street No.1-A/11, Guru Nanak Nagar, Patiala.

 

                                                                   …………...Complainant

                                      Versus

 

Pepsu Road Transport Corporation, Nabha Road, Patiala through its Chairman.

 

                                                                   …………Opposite Party

 

Complaint under the Consumer Protection Act

 

 

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

 

PRESENT:                   Sh.Harbans Lal Gupta, Authorized representative

                              of  complainant.

                             Sh.A.S.Bagrian, counsel for Opposite Party.      

 

                                     

 ORDER                                          

1. The instant complaint is filed by Sushila Gupta (hereinafter referred to as the complainant) against Pepsu Road Transport Corporation (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That she is 66 years old house wife and is having senior citizen identity card, issued by the Govt. of Punjab, District Social Security Officer, Patiala, for availing various facilities/concessions, which have been announced by the Govt. of Punjab from time to time to the senior citizens. That as per notification issued by Govt. of Punjab vide No.4/30/96-2SS/194 dated 30.12.1996, all women above 60 years, having senior citizen identity card, are entitled for free travel within Punjab Statein Pepsu Road Transport Corporationand Punjab Roadways buses. The aforesaid notification was amended by the Punjab Govt. vide notification No. 4/30/96-2SS/5396 dated 12.11.1999 vide which concession to senior citizens women in PRTC and in Punjab Roadways buses was reduced to 50% from 100%.

On 3.11.2019, complainant boarded PRTC bus for travelling from Chandigarh to Patiala. She asked the conductor of the bus for concessional ticket, but despite repeated requests made by her and production of valid identity card, he issued full ticket and charged Rs.90/- for the same. Complainant asked from the complainant his name and mobile number, which he wrote at the reverse of the ticket issued to complainant .Complainant made a complaint to the higher officers of PRTC but of no avail. The act and conduct of the OP caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of complaint.

3. Upon notice, OP appeared through counsel and filed written statement having raised preliminary objections that the complaint is not maintainable and that the complaint is bad for non joinder of necessary party.
4. On merits, it is denied that above notifications was being ignored by many conductors of PRTC and Punjab Roadways buses. All other averments have also been denied by the OP and ultimately prayed for dismissal of complaint.
5. In order to prove her case, complainant through her authorized representative, furnished her affidavit,Ex.CA alongwith documents, Ex.C1 copy of ID card, Ex.C2 copy of notification, Ex.C3 and Ex.C3A copies of notifications of Punjab Govt.,Ex.C4 copy of full ticket of Rs.90/- dated 3.11.2019,Ex.C5 copies of tickets dated 17.11.2019 and closed evidence.
6. On the other hand, ld. counsel for OP has tendered in evidence Ex.OPA, affidavit of Sukhveer Singh and has closed evidence.
7. We have heard the authorized representative of the complainant, ld. counsel for OP and have also gone through the record of the case,carefully,
8. The grouse of the complainant is that, full fair has been charged from her by the conductor of bus of OP, inspite of there being notification of Punjab Govt.for giving 50% concession to senior citizen. The OP denied all the allegations raised by the complainant.
9. The allegation of the complainant is that on 3.11.2019 she boarded the bus of OP for travelling from Chandigarh to Patiala. This fact has also been admitted by Sukhveer Singh, conductor of the OP in his affidavit, Ex.OPA. The complainant was issued ticket  No.256548 dated 3.11.2019 for Rs.90/- Ex.C4, at full value of fare from Chandigarh to Patiala,  by Pepsu Road Transport Corporation, Budhlada, without giving concession of 50% inspite of production of senior citizen card for women by the complainant. Amended notification No.4/30/96-2SS/5396 dated 12.11.1999, vide which concession to senior women citizens in PRTC and Punjab Roadways buses was admissible @ 50% is Exs.C3 &C3A.  Copy of Sr.Citizen card of the complainant is Ex.C1.These documents have not been rebutted by the OP. Even the conductor of the bus was bold enough to give his name and mobile number to the complainant by writing the same at the backside of the ticket. Thus, from the evidence produced on record, it is established that complainant is senior citizen. She boarded the bus of OP from Chandigarh to Patiala and was charged full fare in violation of notification issued by Govt. of Punjab, which amounts to deficiency in service on the part of OP.
10. In view of the above facts and circumstances of the case, the complaint is partly allowed   and we direct the OP as under:

1. To refund 50% of the fare charged from the complainant.
2. To pay Rs.5000/-         as compensation which is inclusive of costs, for causing mental agony and harassment to the complainant.

Compliance of the order be made by the OP within 30 days from the date of receipt of free certified copy of this order.

11.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum for long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President