Chandigarh

DF-I

CC/424/2018

Satwinder Singh - Complainant(s)

Versus

State of Haryana through Chief Secretary Transport - Opp.Party(s)

D.R. Kaith

20 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                               

Consumer Complaint No.	:	CC/424/2018
Date of Institution	:	28/08/2018
Date of Decision	:	20/05/2019

 

Satwinder Singh S/o Sh.Jasbir Singh, Resident of H.No.1776-B, Sector 43-B, Chandigarh.

…..Complainant

V E R S U S

 

1.     State of Haryana, through Chief Secretary Transport, Haryana Civil Secretariat, Sector 1, Chandigarh-160001.

2.     Director, State Transport, O/o Director General State Transport, Haryana, 2^nd Floor, 30 Bays Building, Sector 17, Chandigarh – 160017.

3.     General Manager, Haryana Roadways Chandigarh, Plot No.182, Industrial Area, Phase-I, Chandigarh-160022.

……Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	DR.S.K.SARDANA	MEMBER

                                                       

ARGUED BY	:	Sh.Ankit Gupta, Counsel for Complainant.
	:	Sh.Lachman Singh, Clerk O/o OP No.3, on behalf of OPs.

 

Per Dr.S.K.Sardana, member

1.         In brief, the Complainant was to take a flight from IGI Airport, New Delhi to Toronto, Canada on 09.08.2018 at 01:15 A.M. (Annexure C-1) and for reaching the IGI Airport, New Delhi on time, the Complainant booked the ticket of the Volvo Bus of the Opposite Parties (Annexure C-2). The Complainant boarded the Volvo Bus of the Opposite Parties on the scheduled date and time on 08.08.2018, but the Volvo Bus of the Opposite Parties was not ready for departure due to some mechanical defect. The Driver of the Volvo Bus told the Complainant that there was some mechanical issue in the Bus and the same would be fixed shortly. The Volvo Bus of the Opposite Parties departed from Chandigarh after a delay of half an hour. At around 07:30 P.M., the Driver of the Volvo Bus of the Opposite Parties stopped the Bus at Karan Lake near Karnal and at around 08:00 P.M. when the Driver tried to start the Bus, the Bus did not get started. The Complainant asked the Conductor of the Volvo Bus about the problem in the Volvo Bus who told the Complainant that a Mechanic from Karnal Bus Stand Depot is on his way, who shall repair the said Volvo Bus. At around 09:00 P.M. the Conductor told the Complainant that due to fault in the Engine, the Bus cannot be started and assured the Complainant that an alternate Bus is also coming from the nearest Karnal Bus Stand to take the passengers travelling to IGI Airport, New Delhi, but no such Bus came. After some time, the Conductor told the Complainant and other Passengers that due to non-availability of any alternate Bus they cannot provide any alternate transport to the passengers and all the passengers travelling to IGI Airport have to go at their own. After refusal to provide the alternate bus to the Complainant, at around 10:00 A.M. the Complainant has left with no other choice apart from hiring a private taxi from the Karan Lake, Karnal to IGI Airport, New Delhi and the taxi charged a huge amount of Rs.2200/- from the Complainant (Annexure C-3). The Complainant had reached the IGI Airport, New Delhi at 01:00 A.M. and he was shocked to see that the boarding for the flight of the Complainant had already been closed and the Complainant was left with no other choice than to return back to his home. The Complainant had to reach 1-2 hours before the take-off time of the flight for boarding process, but due to the defective Volvo Bus of the Opposite Parties, the Complainant had missed his international flight.  Hence, the complainant has brought this consumer complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Parties contested the complaint and filed their joint written statement, inter alia, admitting the basic facts of the case. It has been pleaded that on 08.08.2018 the Volvo Bus (HR-68A-8144) was break down at Karnal about 06.30 P.M. The Driver and Conductor tried to get bus started, but the Bus did not get start. A mechanic from Karnal Bus Depot was also called to repair the same, but the defect could not be removed. It was sudden break down of the Bus without any prior notice of mechanical defect. Hence, beyond the control of the Opposite Parties. The passengers who were travelling in the bus in question were boarded in another Volvo bus and ordinary bus, but some of the passengers did not board in the above noted buses and went hiring the private vehicle at their own. As per terms & conditions of Volvo Bus (Annexure OP-1) the trips are subject to cancellation or postponement due to break down of the vehicle or insufficient passengers for the trip. Under such circumstances the passengers will be intimated through e-mail/phone as soon as possible and e-ticket amount will be refunded. Furthermore, the Haryana Roadways may delay or cancel a service without any prior notice in case of circumstances beyond its control. In such circumstances, Haryana Roadways shall either re-schedule the journey for travel on the next Haryana Roadways service in the same sector, subject to availability without any extra charge based on the passenger’s convenience or enable a full refund of the e-ticket as paid by the passenger and shall be under no further liability to the passenger. It has been urged that in case of break down condition of Volvo Bus, the amount of online reservation of the tickets is refunded and transferred in the bank account of the passenger, but the passengers who have purchased the ticket from counter they have to write or e-mail their request for refund to the office and thereafter the amount of the ticket is refunded to their bank accounts. In the present case, the Complainant has not booked his ticket online so he vide letter dated 22.11.2018 (Annexure OP-2) was informed that he can get the refund by visiting the office personally. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.
4.         Controverting the allegations contained in the written statement of Opposite Parties and reiterating the pleadings in the Complaint, the Complainant filed the rejoinder.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and have also heard the arguments addressed by the Ld. Counsel for the Complainant and Shri Lachman Singh, Clerk O/o OP No.3 (on behalf of OPs).
7.         On perusal of the entire material placed on record by the parties, we find that there was a sudden break down of the Volvo Bus in question at Karnal, which was beyond the control of the Opposite Parties. It is not the case of the Complainant that prior to starting of the bus, the Opposite Parties were aware of any such mechanical defect in the said Volvo Bus and they intentionally send defective bus on the route. At any rate, it was a sudden break down of the Bus, without any prior notice of mechanical defect and thus, there appears to be no fault on the part of the Opposite Parties. It has come on record that the Opposite Parties had arranged an alternative Bus for the further travel of the passengers.  We are of the firm view that the Complainant is himself responsible for missing the flight, as he had not taken sufficient caution to start reasonably early to reach the airport in time and take care of delay due to risk of any vehicle break down/traffic jam. Hence, in our opinion, no case is made out against Opposite Parties and the present Complaint qua Opposite Parties deserves to be dismissed. 
8.         For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.
9.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-		Sd/-
20/05/2019	[Dr.S.K.Sardana]		[Rattan Singh Thakur]
	Member		President
“Dutt”