West Bengal

Paschim Midnapore

CC/53/2017

Mr. Thakurdas Ghosh - Complainant(s)

Versus

The Proprietor, Puspanjali Travels - Opp.Party(s)

Somasish Panda

13 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                           

     

Bibekananda Pramanik, President,

 Pulak Kumar Singha, Member

and

 Sagarika Sarkar, Member.   

Complaint Case No.53/2017

 

Thakurdas Ghosh, S/o-Koushik Ghosh,

Vill & P.O.-Birbira, P.S.-Narayangarh,

District-Paschim Medinipur

                                                                ..………..……Complainant.

Vs.

The proprietor, Puspanjali Travels at Surja Sen Market,

O.T. Road, Inda, P.O.-Kharagpur, P.S.-Kharagpur(T),

Dist-Paschim Medinipur

                                                                                .…...……….….Opp. Party.

                                                    

                For the Complainant  : Mr. Somasis Panda, Advocate.

                For the O.P.                 : Mr. Ashirbad Haldar, advocate.

 

                                                            Date of filing :20/03/2017                 

Decided on: 13/02/2018

                               

ORDER

            Pulak Kumar Singha, Member :

                 Complainant files  this case u/s 12 of the C.P. Act, 1986.

                  In short the case of the complainant arranged a picnic programme at Mukutmanipur, Bankura District with his friends and some villagers. For such programme complainant contacted with the O.P. for booking a bus and O.P. also agreed to provide a capsul bus for journey at Mukutmanipur on 24/12/2016 against charge of Rs.16,000/-. Complainant paid Rs.501/- on 02/12/2016 as advance and further on 08/12/2016 paid Rs.4,000/- and lastly paid Rs.11,500/- on 24/12/2016 before  starting of Journey. On 24/12/2016 O.P. send a bus for that journey which was facing troubles from starting of  

                                                                                                                                                           Contd……………P/2

 

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journey to till reached the picnic spot. Complainant intimated the matter to O.P.  but in vain and after completion of picnic while complainant along with  his companions boarded the said bus and after crossing some distance the bus in question started trouble again and dashed with a road side tree but luckily all the passengers saved. Complainant and his companions compled to hire another bus for returned their home by paying hire charges  Rs.11,000/-. For the act of O.P. complainant suffered mental pain, harassment and also financial loss.  Complainant appeared before this Forum for getting redressal as per praying for his complaint.  

                 O.P. contested the case by filing written statement denying the allegations stating inter alia, that the complaint is not maintainable, O.P. sent the bus at the schedule place and complainant and his associates boarded the bus and reached Mukutmanipur in time and at the time of returning journey said bus was starting trouble then O.P.  over phone  contacts with the complainant for sending another bus but complainant without intimating the driver return back by another vehicle. Op. has no deficiency of service.  

 

Decision with Reasons

                                                                                                          

We carefully perused the complaint, W/S, evidence and documents. It is admitted facts that complainant entered into an oral agreement with the Op. who is a supplier of buses for any tour programme. As per agreement op. agreed to provide  Capsule Bus on 24/12/2016 for the journey from complainant’s village to Mukutmanipur within District Bankura, with consideration money of Rs. 16,000/-. Accordingly complainant paid first advance Rs. 501/- on 02/12/2016 and further paid Rs. 4,000/- on 08/12/2016 and lastly paid Rs. 11,500/- on 24/12/2016. Op. sent one Bus to the complainant’s address on 24/12/2016 for attending picnic spot at Mukutmanipur. Complainant, his friends and some villagers boarded the Bus in question, the said Bus was starting travel from the begining and was not run smoothly. Complainant then contacted with the Op. over phone but Op. did not response. On that very day after finishing programme the complainant and his companions boarded the Bus for returning their destination but Bus again facing starting trouble, then accordingly to the advice of the Bus driver the passengers of the Bus pushed the Bus for starting then the Bus started and moved but after crossing some distance the Bus again facing some mechanical problems for running smoothly and after crossing some distance the driver did not control the Bus for which the Bus dashed with the road side tree and fortunately all the passengers saved from harmful danger. Driver of the said Bus intimated the matter to the Op. at the same time complainant also informed the matter to

 

                                                                                                                                                                 Contd……………P/3

( 3 )

 

the Op. but he did not take any positive action.

         Complainant adduced evidence and tender himself as PW-1 and in his cross examination by the Op. he stated that staring delay was intimated to the Op.  Op. also adduced evidence and he admitted that his driver intimated him that engine was not started. Op. also admitted that he hired four Buses for providing tour programme.

                 From the facts of the  case we find that as per agreement complainant paid full amount for their journey. The Op. also should provide a good condition and road worthy Bus for smooth journey such a  long distance. But admitted fact that the Bus in question was so bad condition which was facing mechanical trouble from starting of journey to return time and at the time of returning from the picnic spot and after crossing some distance from Mukutmanipur the driver did not control the Bus due to mechanical trouble for which the Bus dashed the road side tree and fortunately the passengers of the Bus saved from great danger. Complainant and his associates was compled to hire another Bus from Bankura, for returning their home by paying Rs. 11,000/- for which the complainant sustained mental pain, harassment and also monetary loss.

         In view of the discussions here in above, we think that the complainant suffered mental pain, agony, harassment and sustained much financial loss. Op. was negligent and deficient in rendering proper service to the complainant, for such act of Op. complainant is entitled to get an order as per complaint.

                    The complaint case succeeds.

                     Hence, it is,

                                                         Ordered

      That the complaint case be and the same is allowed on contest against Op. with cost.

      Op. is directed to pay Rs. 11,000/- as hire charges of Bus, to pay Rs. 10,000/- as compensation for harassment, mental pain and monetory loss and to pay Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order.

         Failure to comply with the order Op. shall be liable to pay Rs. 2,000/- per month as penal cost to the legal aid fund of this Forum till realization.

 

             Dictated and Corrected by me

                            

                               Member                                          Member                                     President

                                                                                                                                    District Forum

                                                                                                                                 Paschim Medinipur