DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT: NEAR T.V.CEN TREPARA, PO:BHAWANIPATNA, DIST: KALAHANDI, State: Odisha, PIN NO. 766 001.
…
C.C. Case No. 148 / 2015.
Date of Order. 03.06.2016.
PRESENT:-
Sri Aswini Kumar Sahoo, M.A, LL.B
OSPS(I) Sr. Retd. President.
Smt. Bhawani Pattnaik, M.A(Sociology) Member.
Sri Ashok Kumar Patra, Retd. O.I.S ( I) Member
Sri Pradeep Kumar Sahu, At: Ramsagarpada Po: Bhawanipatna, Dist:Kalahandi, State: Odisha, Pin No. 766 001. Cell No
. …. Complainant.
Versus.
Sri Surendra Mohanty, Owner of the Dildar Bus, Juli’s House, Bhubaneswar,
Through the President, Private Bus Owners Association, At/Po: Bhawanipatna, Dist: Kalahandi,
Pin No. 766 001 ...Opposite Parties.
For the Complainant:- Self
For the O.P:- Sri I.M.Panigrahi, Advocate.
ORDER.
The present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for non available of bus service on Dt. 23.10.2015 even after booking of ticket at ticket counter. The brief facts of the case is briefly summarised here under.
1. The complainant had booked advance Bus ticket at counter of Private bus owners association Bhawanipatna nearing 7 days before for journey on dt. 23.10.2015 from Bhawanipatna to Bhubaneswar at 8.15 P.M. vide ticket No. 703 Seat No. 7 & 8 & paid Rs. 940.00 in the counter and obtained advance ticket of Dildar Bus services ( Bhawanipatna to Bhubaneswar) Bus. That on Dt.23.10.2015 till 8.00 P.M. no response has been received from the O.P regarding cancellation of the above bus on that date. Even if no notice was displayed in front of Private bus ticket counter and the complainant found that the ticket counter was closed at about 8.15 P.M. on Dt. 23.10.2015. As my brother-in-law was working in a private Company and recently joined in that company and it was urgent on his part to join in his duty on Dt. 24.10.2015. So due to urgent requirement the complainant had compelled to hire a Taxi for Bhubaneswar as there was no any bus available at Bhawanipatna for Bhubaneswar. Hence this case before the forum for redressal of his grievance. The complainant prays the forum to direct the O.Ps. to refund deposited amount a sum of Rs. 940.00 towards Bus fare with interest @ Rs. 18.% from the date of respective deposit till payment and further direct the O.Ps to pay transportation charges through Car from Bhawanipatna to Bhubaneswar a sum of Rs. 10,000/- and direct the O.Ps to pay compensation Rs. 5,000/- for mental agony and damages and cost of litigation for Rs. 2,000/- and grant such other relief as the hon’ble forum deems fit and proper under circumstances of the case for the best interest of justice.
On being noticed the O.P. filed written version through their learned counsel and submitted that the present complaint is false and fabricated and is liable to be dismissed. The ticket transaction and dealing between the complainant and the bus owner association Bhawanipatna and their counter agent and the O.P. is not answering directly hence there is no direct contact between the complainant and the O.P. and the O.P. also does not know personally to the complainant hence the case is not maintainable due to non joinder of necessary party. The advance ticket and payment used to be deposited by the counter agent half an hour before the departure of the bus and on Dt.23.10.2015 Dildar bus cancelled due to break down near Angul on Dt.22.10.20-15 hence the O.P. does not known whether the complainant obtain a ticket No. 703 and paid Rs.940/- in the counter and obtain advance ticket of Dildar bus service for Bhawanipatna to Bhubaneswar. The above bus break down on Dt. 22.10.2015 near Angul and was cancelled on Dt. 23.10.2015 and it has been duely intimated to the Private bus owner Association and all the counter by the O.P. and same has been displayed in the office of the private bus owner association and also ticket counter. The O.P. has directed to the Bhawanipatna ticket counter to adjust the passenger in other buses otherwise return the ticket price those who not interested to adjust in other buses and as per the direction of the O.P. all the passenger of Dildar bus who obtained the advance ticket on DT. 23.10.2015 were adjusted in different buses but it is unfortunate to say that the complainant is not willing to adjust in other bus and filed this case. It is therefore prayed that the complaint petition may be dismissed and and cost may be awarded in favour of the O.P.
The O.P appeared and filed their written version. Arguments from the complainant heard. Perused the record, documents, filed by the parties.
The parties vehemently advanced arguments touching the points both on the facts as well as on law.
FINDINGS.
On careful perusal of all the papers we observed that there is no dispute that the complainant had booked ticket vide ticket No. 703 Seat No. 7 & 8 & paid Rs. 940.00 in the counter and obtained advance ticket of Dildar Bus services ( Bhawanipatna to Bhubaneswar) Bus. It is also admitted by the O.P. that the alleged bus service was cancelled on Dt. 23.10.2015 due to break down of the bus on Dt. 22.10.2015. The complainant had produced the original ticket bought in advance and also money receipt of Rs.9,000/-issued by one Sri Ashok Sahu, Driver of Car No. OR O8 C 8011 towards hire charges from Bhawanipatna to Bhubaneswar paid by the complainant. The money receipt filed by the complainant is objected by the O.P. as not admissible on the ground that no rate for kILometer has been mentioned, and the driver is not authorized and on the other grounds mentioned on the petition.
The complainant has mentioned in the C.C. case that as his brother- in- law had to joined in his service on 24th being newly recruited in the private company he was compelled to avail texi service as no other alternative was available to him after cancellation of bus service.
The O.P. had taken the plea that as he had entrusted the booking office managed by the Private Bus owner association and O.P. is not directly linked with issue of tickets as such he is not personaly liable for the cancellation of bus. The argument is not sustainable in the eyes of law as the owner is always vicariously liable for the acts of his employee or agent . Further cancellation of bus in no way connected with issuance of booking of ticket by the booking counter manager by the Private bus owner association. The complainant has asserted that when he reach the Bus stand the booking office was closed. There is no one present in the office. The O.P. member in their written version submitted that they have notified regarding the cancellation of the alleged bus on the relevant date.
It is natural that when a person obtain a ticket in advance he will come to board the bus 10 to 15 minutes much before the departure and can never be aware of cancellation of the bus in advance. Since there are other stoppage of the bus in the town even some person opt to board the bus in their convenient bus stop instead of the bus stand.
The O.P. had not produce any rebutal evidence by way of affidavit or any cogent materials except denying the case of the complainant as false and fabricated in his written version and objection petition.
So in our opinion the stand of the complainant that he obtained the bus ticket of Dildar bus for the journey from Bhawanipatna to Bhubaneswar on Dt. 23.10.2015 could not avail the same due to sudden cancellation of the bus by the O.P. for which due to urgency he hired a taxi to go to Bhubaneswar.
We also did not find any valid reason to disbelieve the money receipt for Rs.9,000/- issued by Sri Ashok Sahu, Driver of the Taxi bearing No. OR O8 C 8011 issued towards the rent charges from Bhawanipatna to Bhubaneswar.
We also find the O.P. is deficient in providing service to the complainant by not making any alternative arrangement for the complainant.
Hence to meet the ends of justice, the following order is passed.
ORDER.
In the result with these observations, findings, discussions the complaint petition is allowed in part on contest against the O.Ps.
The O.P is ordered to refund Rs. 940/- taken towards advance ticket from the complainant and to pay Rs.9,000/- towards the cost of hire taxi from Bhawanipatna to Bhubaneswar to the complainant. The O.P. is further directed to pay Rs.1,000/- towards cost of litigation.
The OPs are ordered to make compliance the aforesaid Order within 30 days from the date of receipt of the order failing which the complainant is at liberty to take resort U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
Dictated and corrected by me. Pronounced on this 3rd. Day of June, 2016.
Member. Member. President
Documents relied upon:-
By the Complainant.
- Original Money receipt of Rs.9,000/- towards taxi charges.
- Original advance Bus ticket of Dildar bus ticket No. 703
By the O.P. Nil.
PRESIDENT.
3.6.2016.
The order pronounced in the open forum in presence of the parties.
The complaint petition is allowed in part on contest against the O.Ps.
The O.P is ordered to refund Rs. 940/- taken towards advance ticket from the complainant and to pay Rs.9,000/- towards the cost of hire taxi from Bhawanipatna to Bhubaneswar to the complainant. The O.P. is further directed to pay Rs.1,000/- towards cost of litigation.
The OPs are ordered to make compliance the aforesaid Order within 30 days from the date of receipt of the order failing which the complainant is at liberty to take resort U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
Dictated and corrected by me. Pronounced on this 3rd. Day of June, 2016.
Member. Member. President
