Manish Kumar filed a consumer case on 12 Apr 2018 against State of Haryana in the DF-I Consumer Court. The case no is CC/696/2017 and the judgment uploaded on 18 Apr 2018.
Chandigarh
DF-I
CC/696/2017
Manish Kumar - Complainant(s)
Versus
State of Haryana - Opp.Party(s)
In Person
12 Apr 2018
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,
U.T. CHANDIGARH
========
Consumer Complaint No.
:
CC/696/2017
Date of Institution
:
06/10/2017
Date of Decision
:
12/04/2018
Manish Kumar son of Sh.Ved Pal, resident of House No.1037, Sector 18, Chandigarh.
…..Complainant
V E R S U S
1. State of Haryana through its Principal Secretary, Department of Transport, Haryana Civil Secretariat, Chandigarh.
2. Director General, State Transport, Haryana at 30 Bays Building, 2nd Floor, Sector 17, Chandigarh.
Long and short allegations are on 25.12.2016, the complainant had boarded at Kaithal in Haryana Roadways Bus No.HR-39-C-9479 belonging to Hissar Depot and enroute from Kaithal to Chandigarh. The conductor of the bus charged Rs.132/- as fare instead of Rs.123/-. Further case is, on being protest of overcharging, conductor had misbehaved with the complainant. To this effect, he had made various complaints to the Director General, State Transport, but no action was taken. Hence the present complaint with the prayer for the refund of amount and imposition of compensation.
OPs furnished the joint reply raising preliminary objection of no deficiency in service and complaint is frivolous. Per reply furnished, complainant had boarded in the bus from Kaithal bus stand. When the conductor asked the complainant for his destination, he told that he had to go to Chandigarh. Thereafter, conductor of the bus gave the bus tickets to the complainant and charged Rs.120/- from Kaithal to Chandigarh. By mistake 1 ticket of Rs.12/- more was given to complainant. The complainant told about it to the conductor. After knowing the incident, the conductor of the bus in question accepted his mistake and requested for return of extra ticket, but the complainant had not returned it. It was denied that conductor misbehaved or abused the complainant.
The parties have furnished evidence by way of affidavits. We have heard the parties and gone through the record.
OPs have furnished joint reply that in fact by mistake extra ticket was given of Rs.12/- while actually money received was Rs.120/-. The said fact has been sworn on affidavit of Sh.Surender Singh, General Manager, Haryana Roadways, Hisar. Complainant had not made said conductor as party. Admittedly, it is not the case that after alleged overcharged, conductor concerned had siphoned off the money rather explanation has been rendered that extra ticket of Rs.12/- was issued. It is also the case of the complainant that he had made complaint to the Director General, State Transport, but no action was taken. It leads to inference that allegation levelled in complaint not found true. During the course of arguments, we have also taken note of demeanor of complainant.
In view of the aforesaid material, this goes to show that no substance was found in the complaint lodged by complainant with the superior of the conductor i.e. OP No.2. In other words, it was disbelieved with regard to overcharging. In view of the affidavit furnished, we do not find it is a case of in fact overcharging of the fare from Kaithal to Chandigarh so, as to amount as unfair trade practice or deficiency in service. We find no merit in the complaint and hence it is dismissed.
The certified copy of this order be sent to the parties free of charge. The file be consigned.
Announced
12th April,2018 Sd/-
[RATTAN SINGH THAKUR]
PRESIDENT
Sd/-
[SURJEET KAUR]
MEMBER
Sd/-
[SURESH KUMAR SARDANA]
MEMBER
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