Punjab

Sangrur

CC/6/2019

Nitika Rani - Complainant(s)

Versus

Pepsu Road Trasport Corporation - Opp.Party(s)

Sh.Sandip Kumar Goyal

28 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

 

  

                                                                        Complaint No. 6

Instituted on:   4.1.2019

                                                                        Decided on:     28.11.2019

 

 

Nitika Rani wife of Sandip Kumar, resident of Ward No.3, Master Colony, Moonak, Tehsil Moonak, District Sangrur.

                                                        …. Complainant.      

               

                                                 Versus

 

1.     Pepsu Road Transport Corporation, Nabha Road, Patiala through its General Manager 147001.

2.     Pepsu Road Transport Corporation, Bus Stand, Sangrur Depot, Sangrur through its District Manager 148001.

             ….Opposite parties.

 

          FOR THE COMPLAINANT:               Shri Sandip Goyal , Advocate                          

FOR OPP. PARTIES              :             Shri Arshdeep Bhardwaj, Advocate

 

Quorum:   Shri Amrinder Singh Sidhu, President

                             Ms.Vandana Sidhu, Member

                Shri V.K.Gulati, Member

 

ORDER BY:     

Shri Vinod Kumar Gulati, Member.

 

1.             Smt. Nitika Rani complainant (referred to as complainant in short) has filed this complaint against the opposite parties on the ground that she obtained the service of the Ops by boarding in the bus of Ops from Sangrur bus stand to Patran Bus stand on 8.12.2018. The grievance of the complainant is that the conductor of the Ops charged Rs.55/- as bus fare from Sangrur to Patran, whereas the actual fare was Rs.45/- only. It is worth mentioning here that there is no toll plaza from Sangrur to Patran.  It is further averred in the complaint that as per Punjab Govt. notification the rate of fare is @ 117/- paise per kilometer and the distance from Sangrur Bus stand to Patran Bus stand is 40 KM, so as per calculation fare becomes Rs.46.80. Moreover the complainant showed the ticket of Punjab Roadway to the conductor of the same day i.e. 8.12.2018 which was of Rs.50/-. As such, the complainant has alleged gross deficiency and negligence on the part of the Ops and has prayed that the Ops be directed to refund to the complainant an amount of Rs.8.20 so charged in excess and further to pay compensation and litigation expenses.

2.             In reply filed by the OPs, legal objections are taken up on the grounds that the complaint is not maintainable and that the Ops have been dragged into unwanted litigation. On merits, it is denied that the Ops have charged any excess amount from the complainant. However, the face value of the ticket from Sangrur Bus Stand to Patran is Rs.55/- including taxes. It is stated further that as per the Punjab Govt Notification the rate of fare is Rs.1.17 per kilometer and as per toll fee slab the distance between 38 to 49 kilometer charged Rs.4/- on every ticket. The distance of Sangrur to Patran is 42 kilometer so as per the calculation the fare of the bus is 42x1.17+4 = Rs.53.14 paisa is Rs.55/- assessed.  As such, it is stated that the amount has been rightly charged from the complainant.  The other allegations leveled in the complaint have been denied in toto.

3.             The complainant has produced Ex.C-1 to Ex.C-7 copies of documents and closed evidence. On the other hand, the learned counsel for Ops has produced Ex.R/1 to Ex.R/4 copies of documents and closed evidence.

4.             We have very carefully perused the record, pleadings of the parties, evidence produced on the file and heard the oral arguments of the learned counsel for the parties.

5.             The learned counsel for the complainant has contended that the complainant obtained the service of the Ops by boarding in the bus of Ops from Sangrur bus stand to Patran Bus stand on 8.12.2018. It is further contended that the conductor of the Ops charged Rs.55/- as bus fare from Sangrur to Patran, whereas the actual fare for the same was Rs.45/-. It is worth mentioning here that there is no toll plaza from Sangrur to Patran.  It is further contended that as per Punjab Govt. notification the rate of fare is @ 117/- paise per kilometer and the distance from Sangrur Bus stand to Patran Bus stand is 40 KM, so as per calculation fare becomes Rs.46.80. Moreover the complainant showed the ticket of Punjab Roadway to the conductor of the same day i.e. 8.12.2018 which was of Rs.50/-, but no action was taken by the Ops.

6.             On the other hand, the learned counsel for the Ops has contended that the Ops have not charged any excess amount from the complainant. However, the face value of the ticket from Sangrur Bus Stand to Patran is Rs.55/- including taxes. It is stated further that as per the Punjab Govt. Notification the rate of fare is Rs.1.17 per kilometer and as per toll fee slab the distance between 38 to 49 kilometer charged Rs.4/- on every ticket. The distance of Sangrur to Patran is 42 kilometer so as per the calculation the fare of the bus is 42x1.17+4 = Rs.53.14 paisa is Rs.55/- assessed.  As such, it is stated that the amount has been rightly charged from the complainant.

7.             It is admitted fact that the complainant had travelled from Sangrur to Patran through PRTC bus on 8.12.2018 by paying Rs.55/- as the fare, but the complainant has alleged that the OPs have charged Rs.10/- in excess from the complainant.  The complainant has submitted a news appeared in The Tribune Ex.C-3, as per which, the fare per passenger per km (in paise) for the ordinary buses has been mentioned as 117/- paise per kilometer from 6.11.2018. On the other hand, the Ops have submitted Ex.R-1 the letter issued by National Highways Authority of India dated 31.7.2018 wherein it has been mentioned that the contract for the services between M/s. Jai Singh & Company and NHAI dated 29.12.2017 has been signed for collection of the toll which will commence from 2.8.2018 and it is further contended that the Ops have charged the bus fare from the complainant as per notification and letter Ex.R-2 and Ex.R-1.  Under these circumstances, we find that the Ops have charged the bus fare as per the notification Ex.R-1 and Ex.R-2 of the Govt. of Punjab and no irregularity has been found therein.

8.             In view of our above discussion and circumstances of the case, we are of the view that the amount charged by the PRTC is correct and no anomaly has been found. As such we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. A copy of this order be supplied to the parties free of cost.  File be consigned to records.

9.             This complaint could not be decided and order could not be pronounced within stipulated time period because posts of President and Lady Member are lying vacant since 7.8.2018 and 16.09.2018 respectively. The President is doing additional duty only for two days a week.

Pronounced.

                        November 28, 2019.

 

 

        (Vinod Kumar Gulati) (Vandana Sidhu) (Amrinder Singh Sidhu)

                 Member                   Member                 President