1.                          This case has been filed by the President, Patron and Secretary of Ranipatana Yubak Sangha – Netaji Pathagara, a registered association bearing Regn.No.5238/13/95-96  of Ranipatana, Balasore alleging deficiency of service and negligence in duty on the part of O.Ps.

2.                          The case of the Complainants is that like every year, for the year 2015, all the Members, Patron, Executives of the aforesaid “Sangha” along with their family members and others, intended to visit different places like Tarapith, Murshidabad, Mayapuri, Belurmath, Dakhineswari Kali, Victoria Memorial Hall, Museum, Zoo etc. for recreation of their mind to gain some knowledge and experience. Accordingly, the Complainants contacted the O.Ps for providing necessary transport service (Bus) to them for the purpose. Complainants discussed the matter with the O.Ps thoroughly. On behalf of the aforesaid “Sangha”, Complainant No.2 was authorized to contact the O.Ps for a Bus/Transport service. After due discussion, price, date, time, places and programme etc. was fixed in detail. The programme date was fixed from 25.12.2015 to 27.12.2015 besides departure and arrival time. Thereafter, O.Ps agreed for a consideration amount of Rs.46,000/- for the purpose and accepted Rs.5,000/- as advance from Complainant No.2. O.Ps committed to provide either sleeper coach bearing  Regn.No.OD-01-C-9587 or OD-01-G-9587. On the date of journey and before departure on 25.12.2015, the O.Ps received balance Rs.41,000/- and provided Bus bearing Regn.No.OD-01-C-9587. Many persons including handicapped persons, females, small kids, children, senior citizens, old personalities accompanied the said journey.

3.                          It has been alleged by the Complainants that as per commitments of O.Ps, neither there was push back system, in respect of all the seats nor the seats were in good condition. Some of the seats were badly damaged and torned. As such, many of the members of the said party could neither be able to sit nor sleep properly and comfortably. The O.Ps had completely failed to provide necessary and mandatory requirements like First Aid, Fire Extinguisher and drinking water facilities inside the bus. Similarly, the windows and glasses attached to the windows were in broken condition as a result of which the passengers including handicapped persons, females, small kids, children, senior citizens etc. had to face insurmountable difficulties in freezing cold and glacial winter days journey. It has also been alleged that after some hours of journey, the employees/staff (driver and helper) of O.Ps changed the damaged tyres and tubes attached to the said bus on two occasions. Apart from the above, due to some mechanical defects in the engine of the bus, it could not be able to ply in its normal speed as a result of which the bus could not be able to reach the entire scheduled places. Accordingly, the passengers could not be able to visit entire scheduled places and they were able to visit only two places i.e. “Tarapith” and “Mayapuri”. Furthermore, for the negligent and callous acts of the O.Ps, the Complainants and all the passengers incurred much more expenditure towards foods, drinks, lodging and accommodation etc.. As the said bus had no vehicular permit for outside the State on the scheduled date of journey, it was detained en-route for long period, time and again, by the local Police andTraffic Police of West Bengal Government for which the said bus could not be able to reach the entire fixed and scheduled places within the specified time. As per mandate of law, for two continuous days journey, the O.Ps were supposed to provide two drivers instead of one but the O.Ps failed to do so. The above noted illegal, arbitrary and capricious action of the O.Ps amount to deficiency in service and negligence in duty for which the Complainant filed this case praying for a direction to O.Ps to refund the entire amount of Rs.46,000/- besides compensation for mental agony, harassment and litigation cost of Rs.8,00,000/-, in total Rs.8,46,000/- from O.Ps with interest @ 18% per annum from the date of loss till its realization.

4.                          O.Ps 1 to 3 after receipt of notice, neither appeared nor filed written version. Accordingly, the O.Ps 1 to 3 set ex-parte on 03.11.2016 and the case was heard ex-parte.

5.                          Complainants have filed Xerox copy of order No.11 dt.14.09.2016 passed by this Forum in C.D Case No.20 of 2016, wherein amendment was disallowed giving liberty to file a fresh case, 3 nos. photographs showing wretched condition of the bus on the date of journey, Xerox copy of bill No.875 dt.26.12.2015 of Pal Hotel, Durgapur, West Bengal showing payment of Rs.3,600/- towards cost of lunch of 60 persons on 26.12.2015 at 2.30 PM, Xerox copy of Reservation Final issued by Sriramjee Travels indicating details of payment made and the programme of the journey from 5 AM of 25.12.2015 to 8 PM of 27.12.2015, Xerox copy of letter No.7173 dt.12.08.2016 of the P.I.O., Office of the R.T.O., Balasore enclosing information to the effect that no permit was granted  either bus bearing Regn.No.OD-01-C-9587 or OD-01-G-9587 of the O.Ps from 25.12.2015 to 27.12.2015 to ply the same in West Bengal, Xerox copy of Registration Number of the “Sangha” bearing Regn.No.5238/13/95-96 and Xerox copy of different provisions of M.V.Act,1988.

6.                          While going through the record and having heard the Ld. Counsel for Complainants, it is found that like every year, in the year 2015, Members, Patron, Executives of the Ranipatana Yubak Sangha – Netaji Pathagara, a registered association bearing Regn.No.5238/13/95-96  along with their family members and others including handicapped persons, females, small kids, children, senior citizens, old personalities, intended to visit different places like Tarapith, Murshidabad, Mayapuri, Belurmath, Dakhineswari Kali, Victoria Memorial Hall, Museum, Zoo etc. for recreation of their mind to gain some knowledge and experience. Complainants contacted the O.Ps for providing Bus service to them for the purpose. After thorough discussion with the O.Ps, price, date, time, places and programme etc. was fixed in detail from 25.12.2015 to 27.12.2015. O.Ps agreed to provide transport service and committed to provide either sleeper coach bearingRegn.No.OD-01-C-9587 or OD-01-G-9587. On the date of journey and before departure on 25.12.2015, the O.Ps received total Rs.46,000/- and provided Bus bearing Regn.No.OD-01-C-9587.  During journey in the bus, the Complainants  observed that as per commitments of O.Ps, neither there was push back system, in respect of all the seats nor the seats were in good condition, some of the seats were badly damaged and torned as a result the members of the said party could neither be able to sit nor sleep properly and comfortably. There was no mandatory requirements like First Aid, Fire Extinguisher and drinking water facilities inside the bus. Windows and glasses attached to the windows were in broken condition for which the passengers including handicapped persons, females, small kids, children, senior citizens etc. faced insurmountable difficulties in freezing cold and glacial winter days. After some hours of journey, the driver and helper of the said bus changed the damaged tyres and tubes on two occasions. There were also some mechanical defects in the engine of the bus for which it could not be able to ply in normal speed which resulted visit only two places i.e. “Tarapith” and “Mayapuri” as against so many places. Most important thing is that the said bus had no vehicular permit for outside the State on the scheduled date of journey and it was detained en-route for long period, time and again, by the local Police and Traffic Police of West Bengal Government. For such negligent and callous acts of the O.Ps, the Complainants and all the passengers incurred much more expenditure towards foods, drinks, lodging and accommodation etc. Thus, alleging deficiency in service and negligence in duty on the part of O.Ps,  the Complainants filed this case claiming refund  of the entire amount of Rs.46,000/- besides compensation for mental agony, harassment and litigation cost of Rs.8,00,000/-, in total Rs.8,46,000/- from O.Ps with interest @ 18% per annum from the date of loss till its realization.

7.                          It is found from record that notice was duly served on the O.Ps. The O.Ps neither appeared nor filed written version in this case. This shows the apathetic attitude of the O.Ps. It has been averred in the complaint petition that Advocate’s Notice was served on the O.Ps before filing of C.D Case No.20 of 2016. The O.Ps did not respond to the Advocate’s Notice for which C.D Case No.20 of 2016 was filed by the Complainant. During subsistence of the case, the Complainants found certain vital information which they wanted to incorporate in the complaint petition by way of amendment. By that time the O.Ps were set ex-parte. But the said amendment petition was disallowed as the amendment would change the nature and character of the case giving liberty to file a fresh case. Complainants filed the present case and notice was duly served on the O.Ps. In the present case the O.Ps also did not prefer to appear and file their written version. This shows the lackadaisical attitude of the O.Ps. The complaint petition is supported by affidavit. So we have no hesitation to disbelieve the averments made in the complaint petition. Had the O.Ps appeared and filed written version, the present situation would not have arisen. Since the O.Ps have nothing to say, they remained silent. O.Ps not only failed to keep up the commitments made in the Reservation Final Form but also failed to comply mandatory requirement of law. Section -66 of M.V Act, 1988 provides that no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorizing him the use of the vehicle in that place in the manner in which the vehicle is being used. In the present case, there was no permit against bus bearing Regn.No.OD-01-C-9587 of the O.Ps which had made journey from 25.12.2015 to 27.12.2015 to the State of West Bengal as is evident from the copy of letter No.7173 dt.12.08.2016 of the P.I.O, Office of the R.T.O, Balasore. This is a great lapse on the part of O.Ps while making journey with more than 60 persons from the State of Odisha to the State of West Bengal. In case of any mishap, the Insurance Company would not have honoured the claim in absence of valid permit authorizing to ply the vehicle in the State of West Bengal. Further, the O.Ps failed to maintain mandatory requirement of law during journey, such as providing two drivers for two continuous days journey, First Aid, Fire Extinguisher and drinking water facilities inside the bus. Photographs filed by the Complainants prove the wretched condition of the bus as alleged by them. In toto, there was mechanical defect in the bus, no temporary permit was obtained by the O.Ps, there was no push back system in the bus, seats were in torned condition as a result the members of the said party could neither be able to sit nor sleep properly and comfortably. Windows and glasses attached to the windows were in broken condition, tyre and tubes were replaced in two occasions and the bus was detained by the local Police and Traffic Police of West Bengal Government. So it is proved that the O.Ps have failed to discharge their duties in proper manner after receipt of huge consideration amount and thus deficient in rendering proper service to Complainants. As the Complainants have failed to visit scheduled places, they are certainly entitled to get refund of 50% of consideration amount i.e. Rs.23,000/- from O.Ps. Further, for the harassment, mental agony and sufferings of the parties in winter days and for violation of mandatory provisions of laws, exemplary compensation amount is required to be paid by the O.Ps not to repeat the same in future. Accordingly, it is ordered:

                                                 O R D E R

                              In the result, complaint is allowed ex-parte against the O.Ps No.1 to 3. The O.Ps No.1 to 3 are directed to refund 50% of the consideration amount i.e. Rs.23,000/- to the Complainants and to pay a compensation of Rs.2,00,000/- to the registered Yubak Sangha bearing Regn.No.5238/13/95-96 besides litigation cost of Rs.2,000/- within a period of 30 days of receipt of this order, failing which interest @ 9% per annum shall be paid over the awarded amount till its realization.

                               Pronounced in the open Forum on this day i.e. the 14th day of December, 2016 given under my Signature & Seal of the Forum.