BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, FEROZEPUR.
C.C. No.359 of 2014 Date of Institution: 19.9.2014
Date of Decision: 23.1.2015
Jaswinder Singh Dhillon, aged 60 years, son of Gurchand Singh, resident of 104/05, Preet Nagar, Phase-II, Ferozepur City.
....... Complainant
Versus
1. General Manager, Pepsu Road Transport Corporation, Faridkot.
2. Conductor, Pepsu Road Transport Corporation, Faridkot bearing Bus No.PB-04-L-9902 C/o General Manager, Pepsu Road Transport Corporation, Faridkot (Name of opposite party No.2 will be disclosed by opposite party No.1).
3. Driver, Punbus, Pepsu Road Transport Corporation, Faridkot bearing Bus No.PB-04-L-9902 C/o General Manager, Pepsu Road Transport Corporation, Faridkot (Name of opposite party No.3 will be disclosed by opposite party No.1).
........ Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
* * * * *
PRESENT :
For the complainant : Sh. T.S. Gill, Advocate
For the opposite parties : Sh. Rajesh Kumar Mehta, Advocate
QUORUM
S. Gurpartap Singh Brar, President
S. Gyan Singh, Member
ORDER
GYAN SINGH, MEMBER:-
Brief facts of the complaint are that on 25.2.2014, the complainant boarded bus of Pepsu Road Transport Corporation, Faridkot
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bearing Bus No.PB-04-L-9902 PM, from Bus Stand, Moga to Ferozepur City. He purchased ticket bearing No.124618 of Rs.52/- from bus Conductor i.e. opposite party No.2. When the above said bus reached at Bus Stand, Ferozepur Cantt, the Conductor and Driver of the above said Bus i.e. opposite party Nos.2 and 3 asked all the passengers, including the complainant that the bus will not go to Bus Stand, Ferozepur City with an excuse that the bus requires diesel and they cannot go to Bus Stand, Ferozepur City and they directed all the passengers of Ferozepur City to leave the bus at Bus Stand, Ferozepur Cantt. The complainant and other passengers requested opposite party No.2 that all the passengers have purchased the tickets for Ferozepur City Bus Stand, therefore, they should go to Bus Stand Ferozepur City, so that the complainant should reach the Bus Stand, Ferozepur City. But opposite party Nos.2 and 3 mis-behaved with the complainant and used filthy language against the complainant. The complainant was insulted by opposite party Nos.2 and 3 in the presence of general public. Further it has been pleaded that usually the employees of Punjab Roadways, Ferozepur used to give Adda Parchi of Bus Stand, Ferozepur City to the Drivers and Conductors of the buses at the Bus Stand of Ferozepur Cantt with connivance of General Manager, Punjab Roadways, Ferozepur. This is a routine of the Drivers and Conductors of the buses to compel the passengers of the buses at Bus Stand, Ferozepur
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Cantt. The inhabitants of Ferozepur City formed a committee in the name of Adda Bachao Sangharsh Committee. The above said committee also filed Writ Petition against the District Administration i.e. D.C., D.T.O., R.T.A and G.M., Punjab Roadways, Ferozepur along with Punjab State. In that Writ Petition, the Hon’ble High Court of Punjab & Haryana at Chandigarh passed an order by directing the authorities to make the proper arrangement for reaching all the buses at Bus Stand, Ferozepur City, within two months. Even after passing of the above said order, the driver and conductor, including the opposite parties, did not care/obey the orders passed by the Hon’ble High Court of Punjab & Haryana at Chandigarh, rather, they are committing the contempt of court. The above said Adda Bachao Sangharsh Committee has also filed a Contempt Petition before the Hon’ble High Court of Punjab & Haryana at Chandigarh, which is pending. Even the complainant could not attend his relatives, who visited the house of the complainant on that very day, in time. Pleading deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has prayed that the opposite parties be directed to pay Rs.40,000/- as compensation for harassment with Rs.50,000/- for insulting and misbehaving the complainant and Rs.10,000/- as litigation expenses.
2. Upon notice, the opposite parties appeared and filed their joint written reply to the complaint, wherein it has been pleaded that a ticket
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bearing No.124618 of Rs.52/- was obtained from the opposite parties, but it has been denied that the same was obtained by the complainant. Further it has been pleaded that no instruction to leave the bus was ever given to the passengers on the said particular date or any other date by the opposite parties, as it is the duty of the opposite parties to leave the passenger to his destination for which he/she purchased the ticket. However, adda parchi was obtained at the time of arrival of bus to Ferozepur City Bus Stand and the same was obtained on the said particular date. Firstly the bus was stopped at Ferozepur Cantt Bus Stand in order to leave the passengers of the said area and thereafter the bus reached Ferozepur City Bus Stand. All other allegations of the complaint have been denied and dismissal of the complaint has been prayed for.
3. Learned counsel for the complainant tendered into evidence Ex.C-1 to Ex.C-4 and closed evidence on behalf of the complainant. On the other hand, documents Ex.OP-2/A, Ex.OP-1 & 3/A and Ex.OP-1 & 3/B were tendered into evidence and evidence on behalf of the opposite parties was closed.
4. We have heard the learned counsel for the parties and have also gone through the file.
5. Travelling of the complainant from Bus Stand, Moga to Ferozepur has been proved from ticket No.124618 for Rs.52/-, which has
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been placed on the file by the complainant as Ex.C-2. In their written reply the opposite parties have admitted that ticket No.124618 of Rs.52/- was obtained from the opposite parties. Though the opposite parties have specifically denied that the said ticket was obtained by the complainant, but possession of the same with the complainant itself speaks that the said ticket was purchased by the complainant. The opposite parties have pleaded that firstly the bus was stopped at Ferozepur Cantt Bus Stand in order to leave the passengers of the said area and thereafter the bus reached Ferozepur City Bus Stand and adda parchi was obtained at the time of arrival of bus to Ferozepur City Bus Stand and the same was obtained on the said particular date. But number of the alleged adda parchi/receipt has not been mentioned in the written reply. Moreover, the complainant had boarded the bus in question on 25.2.2014, whereas, photo copy of adda parchi/receipts placed on the file by the opposite parties as Ex.OP-1 & 3/A and Ex.OP-1 & 3/B, both are of dated 26.2.2014. Even column of time of arrival of the bus has also been left blank in these receipts. Therefore, it seems that these receipts have been procured by the opposite parties on the next day of occurrence, which are of no help to the opposite parties. Photo copy of letter No.1366 dated 21.10.2013 Ex.C-3, written by the Secretary, Regional Transport Authority, Ferozepur to the General Manager, Punjab Roadway, reveals that the Bus Stand of Ferozepur Cantt has not been
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notified. General Manager, Punjab Roadway, Ferozepur has already issued directions to all the Drivers and Conductors of the buses coming from outside routes to Ferozepur not to enter the buses in Bus Stand Ferozepur Cantt and to drop the passengers at ‘Lightan Wala Chowk’ at Cantt and then to bring the buses to Bus Stand Ferozepur City via Sher Shah Wali Chowk, Railway Bridge, Malwa Chowk and Namdev Chowk. But in the present case, opposite party Nos.2 and 3 have failed to do so, rather, they dropped the passengers including the complainant, who boarded the bus in question for Bus Stand, Ferozepur City, at Bus Stand, Ferozepur Cantt. Therefore, opposite party Nos.2 and 3 have been proved to be deficient in rendering services to the complainant. Due to deficient services rendered by opposite party Nos.2 and 3, the complainant has to suffer a lot of harassment and he has to file the present complaint by engaging a counsel for redressal of his grievance. Therefore, opposite party Nos.2 and 3 are liable to pay suitable compensation for harassment and litigation expenses to the complainant. So far as alleged deficiency in service and unfair trade practice on the part of opposite party No.1 is concerned, the complainant has neither alleged nor proved that he had made any complaint regarding the matter in dispute to opposite party No.1. It is also not the case of the complainant that he made complaint in this regard to opposite party No.1, but no action has been taken by opposite party No.1 against opposite party
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Nos.2 and 3. No opportunity of taking action against its delinquent officials has been provided by the complainant to opposite party No.1. Therefore, no case of any deficiency in service or unfair trade practice is made out against opposite party No.1.
6. In view of what has been discussed above, this complaint is accepted and opposite party Nos.2 and 3 are directed to pay a sum of Rs.5000/- as consolidated compensation for harassment and litigation expenses to the complainant for rendering deficient services to the complainant. Both opposite party Nos.2 and 3 are liable to pay the above awarded amount of compensation in equal share. This order is directed to be complied with by opposite party Nos.2 and 3 within a period of thirty days from the date of receipt of a copy of this order. However, complaint against opposite party No.1 stands dismissed. File be consigned to the record room.
Announced
23.1.2015
(Gurpartap Singh Brar)
President
(Gyan Singh) Member
