West Bengal

Dakshin Dinajpur

CC/127/2019

Sri Pradip Paul, S/O- Late Rabindra Nath Paul - Complainant(s)

Versus

Sri Gopal Kar, Manager of Shyamoli Paribahan Pvt. Ltd. - Opp.Party(s)

Mintu Das

19 Feb 2021

ORDER

Today is fixed for passing ex-parte order. 

 The instant case has been initiated by the complainant U/S – 12 of C.P. Act,1986 against the Opposite Parties claiming an amount of Rs. 2100/- + Interest @12% p.a. + Compensation – Rs. 5000/- + Litigation Cost – Rs. 5000/- = Rs. 12,100/-.

The fact of the case, in brief, is that the Complainant had gone to Kolkata for his personal affairs with his son and his nephew and on 10.07.2019 he booked 3 ( Three ) tickets for 11.07.19 through the Manager of Shyamoli Paribahan Pvt. Ltd., Balurghat Office, namely Sri Gopal Kar, i.e. Opposite Party No.1 for returning home from Kolkata – Balurghat and the Complainant received the tickets of three persons vide ticket nos.2,3,4 from the counter of Shyamoli Paribahan Pvt. Ltd. at Karunamoyee Central Bus Terminus, Salt Lake, Kolkata by making payment of Rs.2100/- ( Rs. 700/- x 3 ) with a departure time at 7.00 P.M. on 11.07.2019 and thus the Complainant became a consumer within the meaning of Consumer Protection Act.

The Complainant reached at 7.00 P.M. as per schedule but at 7.30 P.M. there was an announcement from the counter of Shyamoli  Paribahan Pvt. Ltd. that due to some problem, the Bus will start delayed of its scheduled time. However, after an hour, it was announced from the counter of Shyamoli Paribahan that the Kolkata – Balurghat  Bus has been cancelled due to short of passengers and the passengers of Kolkata – Balurghat Bus have to travel in the Kolkata – Siliguri Bus up to Gajole and thereafter a separate Bus will be provided to reach up to Balurghat and the seat of last row was allotted to the Complainant.    

 Being dissatisfied with this arrangement, the Complainant made contact with the staff of the counter of Shyamoli Paribahan Pvt. Ltd. and told them that he will not any way travel in the Kolkata – Siliguri Bus and in this situation, he asked them to return the fare of the ticket. But unfortunately, the staff of the counter of Shyamoli Paribahan Pvt. Ltd. refused to return the same and not only that they pressurized upon the Complainant to travel on the Bus of Kolkata - Siliguri. However, the Complainant in this situation became bound to take a hotel room for that night and on the next morning he returned Balurghat by train.   

Thereafter, the Complainant filed his written prayer before the Opposite Parties on different occasion for the payment of the said deducted amount but the Opposite Parties did not paid the claim amount to the Complainant and finally the Complainant became bound to take the shelter of this commission for getting proper redress.  

It appears from the case record that notice which was issued to the Opposite Party No.1 was returned with the postal endorsement “refused” which is treated as good service. It further appears that the notice issued to the Opposite Party No.2 was received on 11.02.2020 but he did not turn up before this commission. Thus, the case is heard ex parte against both the Opposite Parties.

To prove his case , the complainant has submitted original Bus ticket of Shyamoli Paribahan issued on 10.07.2019 in the name of P. Paul ( Complainant ), Hotel rent receipt dated 29.06.19 for the period 10.07.19. to 11.07 19. Three train tickets dated 12.07.2019 from Kolkata to Balurghat and One Original Complaint letter dated 11.07. 2019 addressed to Officer-in-Charge Bidhannagar North Police Station, Bidhannagar, Kolkata – 64. 

 

                                         DECISION  WITH  REASONS

          

             We have heard argument by Ld. Advocates for the Complainant.  Perused the case record and other materials on record.   

            On perusal of the documents i.e. original Bus ticket of Shyamoli Paribahan issued on 10.07.2019 in the name of P. Paul ( Complainant ), Hotel rent receipt dated 29.06.19 for the period 10.07.19. to 11.07 19. Three train tickets dated 12.07.2019 from Kolkata to Balurghat and One Original Complaint letter dated 11.07. 2019 addressed to Officer-in-Charge Bidhannagar North Police Station, Bidhannagar, Kolkata – 64, it appears that the case of the Complainant is not unbelievable. Apart from it, the Opposite Parties have not challenged the case of the Complainant in spite of receiving notice from this Commission. In such circumstances, it appears that the Opposite Parties have negligently and willfully not provided service to the Complainant in time and for that reason the Complainant was bound to reside in a hotel room for a night and also compelled to returned Balurghat by train.   

   In view of the above mentioned discussions, it has been established that the Complainant is a bona fide consumer to the Opposite Parties and there is deficiency in service on the part of the Opposite Parties.

    Hence, it is

                                                O R D E R E D

           

   That the Consumer Case No. 127 of 2019 is hereby allowed ex parte in part but with cost. 

           The Opposite Party is directed to pay Rs.2862/- only along with an interest @ 8% from the dated of passing of this order till the date of realization by issuing an account payee cheque in favour of the Complainant within 45 days. The Opposite Party is also directed to pay Rs. 2,000/- toward litigation cost failing which the Complainant is at liberty to execute the order as per law.

              Let a plain copy of this order be supplied to the parties free of cost.