Delhi

East Delhi

CC/28/2015

CHRAN DEVI - Complainant(s)

Versus

RAM RAHIM BUS SERVICE - Opp.Party(s)

25 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 28/15

 

Smt. Charan Devi

W/o Shri Rajender Sharma

R/o 81, Sarojini Park, Gali No. 3

Shastri Nagar, New Delhi – 110 031                            ….Complainant

 

Vs.    

 

Ram Rahim Bus Service (Regd.)

Off.: G-111, New Seelampur

Delhi – 110 053

Through its Director/manager/A.R.                                    …Opponent

 

 

Date of Institution: 13.01.2015

udgement Reserved on: 25.09.2019

Judgement Passed on: 30.09.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

           This complaint has been filed by Smt. Charan Devi against M/s. Ram Rahim Bus Service (Regd.) (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.        The facts in brief are that the complainant Smt. Charan Devi booked two buses 3x2 through Ram Rahim Bus Service (Regd.) (OP) for Barati’s transportation on the eve of her son’s marriage on 03.12.2014.  No transport was available on 03.12.2014 from 5.30 to 8.00 p.m., though, time and date was mentioned on the booking cum payment receipt.  The complainant made various called to OP from 05.30 to 07.45 p.m., but they straightway denied for the arrangement and demanded more money than the fixed amount which was paid by her in advance.  PCR call was also made and complaint was lodged by the complainant. 

The complainant and her close relatives arranged two wheelers, taxis, auto cars to reach at the venue of Shaadi.  The band was also booked for first shift which was cancelled due to delay and unavailability of the transport facility.  The complainant’s family could not reach at Barat reassembling point where the first shift band was to start and reach venue of marriage.  The timing for Phera i.e. Muhoorat was delayed due to delayed transportation.  The dinner time which was fixed at 7 p.m. also got delayed at 10.30 p.m.  The cost of the dinner was Rs. 350/- and number of Baratis was approximately 150-175.  The complainant faced hardship due to unavailability of the transport which was to be provided by OP which caused grave mental agony and torture to the complainant. 

It has been stated that this act of OP was intentional, deliberate, unlawful which amounts to deficiency in service and unfair trade practice.  Thus, the complainant have prayed for compensation of Rs. 75,000/-, the cost of irreparable loss, Rs. 50,000/- on account of mental agony and harassment and Rs. 35,000/- as litigation charges.     

3.        Notice of the complaint was given to OP.  They appeared, but during the course of proceedings, they have been proceeded ex-parte. 

4.        Both the parties were given right to file the evidence.  Complainant filed the evidence on affidavit, but OP chose not to file the evidence.

           In support of its case, the complainant have examined herself.  She has deposed on affidavit.  She has narrated the facts which have been  stated in the complaint.  She has also got exhibited copy of booking receipt (Ex.CW-1/1).

            

5.        We have heard Ld. Counsel for the parties and have perused the material placed on record.  From the evidence on record, it is noticed that a booking was made by Shri Kaushal Sharma with Ram Rahim Bus Service (OP) on paying an amount of Rs. 1,000/- in advance for 03.12.2014.  The time of departure as stated in the said receipt has been 5.30 p.m.  The balance amount of Rs. 5,000/- was to be paid to the driver.  Since the buses did not reach at the venue at the time fixed in the receipt, a DD entry was made with the police station at 8.05 p.m.  When the DD entry states the time as 08.05 p.m., the fact remains that the buses did not reach at the venue at the fixed time. 

           No doubt, the booking has been made by one Shri Kaushal Sharma, but the fact that date and time of departure of Barat has been stated in the marriage card as 03.12.2014 at 06.00 p.m., the version given by the complainant in her testimony in the absence of any contrary evidence has to be accepted.  By not providing the buses to the complainant on the date and time fixed, certainly, it amounts to deficiency on the part of OP  Having faced the difficulties on the auspicious day of the marriage of her son, certainly, she has suffered mental pain and suffering for which she has to be compensated. 

           In view of the above, we order that the complainant be paid compensation for an amount of 15,000/- which includes the cost of litigation.  The order be complied within a period of 30 days, if not complied, the awarded amount of Rs. 15,000/- shall carry 6% interest from the date of order till its realization.  

 Copy of the order be supplied to the parties as per rules.

           File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                       (HARPREET KAUR CHARYA)

      Member                                                                    Member

 

     (SUKHDEV SINGH)

President