BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM, FEROZEPUR.

                                                                   C.C. No.360 of 2014                                                                         Date of Institution: 19.9.2014           

                                                                   Date of Decision:  20.1.2015

Jaswinder Singh Dhillon, aged 60 years, son of Gurchand Singh, resident of 104, Preet Nagar, Phase-II, Ferozepur City.

                                                                                ....... Complainant

Versus       

1.      General Manager, Punbus, Sri Muktsar Sahib.   

2.      Conductor, Punbus, Sri Muktsar Sahib bearing Bus No.PB-08-A-T-3451 C/o  General Manager, Punbus, Sri Muktsar Sahib (Name of opposite party No.2 will be disclosed by opposite party No.1).

 3.     Driver, Punbus, Sri Muktsar Sahib bearing Bus No.PB-08-A-T-3451 C/o  General Manager, Punbus, Sri Muktsar Sahib (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 opposite party Nos. 1           :              Sh. Gurdeep Singh, Inspector

For opposite party Nos.2 and 3  :              Sh. Amit Kumar Sharma, Advocate

QUORUM

S. Gurpartap Singh Brar, President

S. Gyan Singh, Member 

                                      ORDER

GYAN SINGH, MEMBER:-

                   Brief facts of the complaint are that on 4.2.2014, the complainant and his friend namely Hardev Singh son of Jagan Singh,

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resident of 155, Azad Nagar, Ferozepur City boarded bus bearing No.PB-08A-T-3451, Punbus, Sri Muktsar Sahib, at about 1:00 P.M. from Bus Stand, Sri Muktsar Sahib to Ferozepur City. They purchased ticket bearing No.1172091 of Rs.92/- (i.e. for two passengers) 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 and his friend Hardev Singh 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, his friend Hardev Singh 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 his friend Hardev Singh and used filthy language against the complainant and his friend. The complainant and his friend were 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

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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 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, including the opposite parties, 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

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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 respective written replies to the complaint. In its written reply, opposite party No.1 has pleaded that opposite party No.1 is being party just that the said bus is of PUNBUS, Sri Muktsar Sahib. The concerned General Manager, Ferozepur is a necessary party to the present complaint. The General Manager, Ferozepur in accordance with the orders passed by the Hon’ble High Court, issued strict orders to comply with the directions and to ensure to reach the buses at Ferozepur City Bus Stand. Further it has been pleaded that opposite party No.1 is not liable for the alleged act of opposite party Nos.2 and 3. It is the clear direction/order of opposite party No.1 to stop the bus on designated bus stand of the destination where the bus reached. If any Driver or Conductor allegedly gone outside the due course of their services, opposite party No.1 is not liable vicariously for alleged tort or deficiency. It was the duty of the complainant to inform opposite party No.1 first so that opposite party No.1 have the opportunity of taking action against its delinquent employees. But in the present case, as alleged by the complainant, the complainant only requires monetary compensation for which opposite party No.1 is not liable. Opposite party

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No.1 has no relation with the alleged happenings. Other allegations of the complaint have been denied and dismissal of the complaint qua opposite party No.1 with costs has been prayed for.

3.                In their joint written reply, opposite party Nos.2 and 3 have admitted that ticket No.1172091 dated 4.2.2014 is of their bus. All other allegations of the complaint have been denied and dismissal of the complaint has been prayed for.  

4.                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, representative of opposite party No.1 tendered into evidence Ex.OP-1/1 and closed evidence on behalf of opposite party No.1. Similarly, learned counsel for opposite party Nos.2 and 3 tendered into evidence Ex.OP-2 & 3/1 to Ex.OP-2 & 3/2 and closed evidence on behalf of opposite party Nos.2 and 3.  

5.                We have heard the learned counsel for the complainant and opposite party Nos.2 & 3, representative of opposite party No.1, considered the written arguments filed by opposite party Nos.2 and 3 and have also gone through the file.

6.                Travelling of the complainant alongwith another person from Sri Muktsar Sahib to Ferozepur has been proved from ticket No.1172091 for Rs.92/-, copy of which has been placed on the file by the complainant

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as Ex.C-2. In their affidavits Ex.OP-2 & 3/1 and Ex.OP-2 & 3/2, opposite party Nos.2 and 3 have deposed/admitted that they are Conductor and Driver, respectively, of Bus No.PB-08-A-T-3451. In their written reply as well as in their respective affidavits, they have admitted that ticket No.1172091 dated 4.2.2014 Ex.C-2 is of their bus. In para No.3 of the complaint, the complainant has mentioned the detail of the entire occurrence of alleged dropping the passengers at Bus Stand, Ferozepur Cantt instead of Bus Stand, Ferozepur City and misbehaviour of opposite party Nos.2 and 3 etc., but strangely enough, in the relevant para of their written reply, opposite party Nos.2 and 3 have denied all these allegations for want of knowledge. In their written reply, opposite party Nos.2 and 3 have pleaded that false allegations have been levelled by the complainant against them, but they have not uttered a single word that the bus in question was brought at Bus Stand, Ferozepur City on that date and the passengers, who had purchased the tickets for Bus Stand, Ferozepur City, were also dropped at their destination by them. Even no ‘Adda Parchi’ or other evidence has been placed on the file by opposite party Nos.2 and 3 to prove that the bus in question had entered in Bus Stand, Ferozepur City on the relevant date. 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

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Ferozepur Cantt has not been 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

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party No.1 against opposite party 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                                                

 20.1.2015

                                                                   (Gurpartap Singh Brar)

                                                                     President

                                                                            (Gyan Singh)                                                                                      Member