Badam Singh Yadav      vs. Uttar Pradesh State Road Transport Corporation

Case No. 532/12

24.10.2017

Present :      None for  the complainant.

                   Shri Banveer Singh, Parokar UPSRTC OP.

          None has been appearing on behalf of the complainant since 29.08.2014. Pleadings and evidence in the case are complete. Therefore, we proceed to decide the case on merits.

          Case of the complainant is that on 17.12.2011 he was travelling in OP’s AC Sleeper bus bearing No. UP-65 AR 1873 from Delhi to Bewar(UP). He got the bus stopped near Surajpur Tilhana, Bichwa Police Chowki, Mainpuri to relieve himself but the driver sped away with the bus carrying his luggage. He went to the police station and made a complaint with the OP but to no effect. Hence, pleading deficiency in service and unfair trade practice on the part of OP, the complainant has filed the present complaint for issuing directions to the OP to return his luggage as detailed in the complaint, to pay Rs. 50,000/- as compensation and Rs. 20,000/- as litigation cost to him.

          On the other hand, the case of the OP in the written statement inter-alia is that the complainant did not travel in the said bus on 17.12.2011 and, hence, he has no locus standi to file the present complaint.

          According to the complainant, he had purchased a ticket from Delhi. However, he has not filed the original ticket or copy thereof on the record. He must have been in the possession of the original traveling ticket if he had infact purchased the same and had started his journey from Delhi in the said bus. When the case of the OP is of a total denial, it was the duty of the complainant to lead convincible document on the record to prove this fact.

However, he has failed to file the original ticket or copy thereof on the record. Therefore, the story of the complainant is not trustworthy. Hence, we hold that the complainant has failed to prove any deficiency in service and unfair trade practice on the part of the OP.

In view of the above discussion, we do not find any merit in the complaint and accordingly we dismiss the complaint with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 24.10.17