Delhi

North

RBT/CC/52/2023

SUNIL KUMAR - Complainant(s)

Versus

PRITAPAL BUS SERVICE - Opp.Party(s)

10 Jul 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

RBT/Consumer Complaint No:52/2023

 

IN THE MATTER OF:

 

Sh. Sunil Kumar

654 Studio Apartment,

Sector 16 B, Dwarka

 New Delhi-110078                               …                                    Complainant                                                                                                                         

 

Vs

 

Pritpal Bus Service

Through its Proprietor Sh. P.S. Oberoi

6/1, Prem Nagar,

Tilak Nagar, Delhi-110018                     …                                 Opposite Party

 

                                                                                                                                               

ORDER

10/07/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 before Hon’ble DCDRC-V Shalimar Bagh and was assigned the Consumer Complaint No.659/2019 and it was further transferred to this Commission by the Hon’ble Delhi State Consumer Disputes Redressal Commission vide its order dated 15.02.2023 and accordingly this complaint was registered as RBT/CC No.52/2023. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

 

1. The Complainant contacted the OP on 16.05.2019 and enquired about the availability of a tempo traveller and legal authorization of OP for providing tour and travel services.
2. The OP informed that it has a tempo traveller 12 seater available from 17.05.2019 to 25.05.2019 and it is a Govt. authorized Tour and Travel Firm by Department of Tourism, Delhi Govt.
3. Believing the OP, the Complainant same day i.e. 16.05.2019 booked a tempo traveller 12 seater for travelling  to Delhi-Haridwar- Mussoorie- Auli- Haridwar-Delhi Sector trip from 17.05.2019 to 25.05.2019.
4. A total sum of Rs.60,000/- was paid to OP in total on different dates on account of consideration amount. Copy of receipts have been annexed with the complaint.

 

2.       It has been alleged that the OP provided deficient service on account of several/ following reasons as described as follows:-

1. The air conditioning system in vehicle provided by OP, bearing   Reg. No. DL 1VC 1648 was not functional at all which caused immense hardship to all the passengers.
2. The driver named Mr. Pappu provided by OP was inefficient, inexperienced, unprofessional, rude with the passengers, ignorant about local routes and rules of traffic which made whole tour for all passenger havoc.
3. The driver failed to take the passengers to Auli, Uttarakhand as per the itinerary.
4. On the last date of tour i.e. on 25.05.2019, OP didn’t provide vehicle/ Tempo traveller causing immense hardship to all passengers forcing them to take another vehicle for the last day of the tour.
5. OP didn’t entertain the complaint at on this issue and kept on giving one or another other excuse.
6. The Complainant has also sent a legal notice dated 01.06.2019 to Opposite Party requesting him to redress his grievances by all in vain.

 

3.       It has further been alleged that the OP has deliberately misguided the complainant on the whole tour by providing deficient services and about the billing process by not providing him genuine bill of the payment made to OP in order to illegally make a wrongful gain causing financial loss, mental and physical agony besides harassment for which OP is solely liable to be dealt for providing deficient services and indulgence in Unfair Trade practice as defined under Consumer Protection Act. The OP has no license from Tourism Department, Delhi Government which is mandatorily required for carrying out tour Operation activities. In the absence of a valid legal license, the whole services of the OP are unauthorized, illegal and deemed be unfair trade practice under Consumer Protection Act. Therefore, the instant complaint has been filed praying for directions to OP to pay to the complainant:-

 

1. Rs.60,000/- on account of refund of consideration paid to OP along with interest @18% p.a. from the date of payment till realisation;
2. Rs.1,00,000/- on account of compensation for mental agony and harassment;
3. Pay Rs.20,000/- against cost of litigation and Counsel’s fee.

 

4.       The Complainant has also filed copies of booking agreement vide No.105 dated 25.05.2019 issued by OP, payment receipts and legal notice sent dated 01.06.2019 to the OP along with the complaint.

5.       Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP has chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted.

6.       The complainant has filed evidence by way of Affidavit. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OP has chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OP. However, the material available on the record is sufficient to corroborate that the complainant has suffered directly due to deficient service on the part of the OP  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, we feel appropriate to direct the OP to pay the Complainant:-

1.  Rs.60,000/- (Rupees Sixty Thousand) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 21.08.2019 (the date of filing the complaint) till the date of the payment to the complainant;
2. Rs.25,000/- (Rupees Twenty Five Thousand only) to the complainant as compensation for the mental  pain, agony and harassment caused.

7.       It is clarified that the aforesaid amount shall be paid by the OP, within 30 days as directed above at para 6 (i) & (ii). In case, the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OPs shall be liable to pay interest @12% per annum on the entire awarded amount from the date of expiry of 30 days period.

8.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

           Member                                                                                          Member              

   DCDRC-1 (North)                                                                         DCDRC-1 (North)

 

                   DIVYA JYOTI JAIPURIAR

                       President 

DCDRC-1 (North)