BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.345 of 2022
Date of Instt. 19.09.2022
Date of Decision: 08.09.2023
Dr. Sunil Kumar Lakhwani age about 42 years S/o Bhagwan Das Lakhwani, O-146 Jalandhar Heights, 66 Feet Road, Pholriwala, Jalandhar.
..........Complainant
Versus
1. Vijay Tour & Travels, Babbal Bus Service, Garha Road, Mota Singh Market, Jalandhar-4, Through its Authorized Person.
2. Amit Travels Having its Corporate Head Office at Pilani, Inside Bus Stand, Pilani, Jhunjhunu, Rajasthan Through its Director.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Vikas Sharma, Adv. Counsel for the Complainant.
OPs No.1 and 2 exparte.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant had planned to visit his native place Jodhpur on the occasion of Diwali along with his family. The complainant booked four tickets of the bus of Amit Travels from their agent Vijay Tour and Travels on 2.11.2021 at 5:30 P.M by making a payment of Rs.5600/. The complainant had booked four sleeper seats for himself, his wife Kavita Lakhwani and his two children namely Hridya Lakhwani and Shivansh Lakhwani. The period of journey scheduled on 3.11.2021 at 7:00 P.M and arrival time was 10.00 A.M on 4.11.2021 at Jodhpur. Accordingly the complainant and his family boarded the bus from Jalandhar on 3.11.2021 in the evening. On the next day on 4.11.2021 in the morning at about 5:00 am when the bus reached at Bikaner then the conductor of the bus told the complainant that he and his family have to change the bus as the bus will not go to Jodhpur. Thereafter he told the complainant to wait in Bikaner for the next bus. It was very cold and the complainant along with minor children and wife had to wait in cold outside in open on road leaving no other option at that time and felt much embarrassed. The other bus came late and there were no vacant seats in the said bus. Then complainant had to wait for other bus and the other bus had also same fate and had no seats and he had to board that bus under forced circumstances. The said bus was not sleeper bus and was very basic kind of bus. The complainant got no seat in the said bus and he had to cover the entire distance in the bus by standing in the bus. The complainant reached Jodhpur at 12:30 P.M after much delay and had to kept on harassing for 5 hours as distance between Bikaner and Jodhpur is 5 Hours. The journey of complainant became very uncomfortable and the respondent played a worst role in making the journey of the complainant very uncomfortable. The bus conductor also misbehaved with the complainant and his family. When the respondent had no arrangement to take the passengers to Jodhpur, then they should not have booked the seats. Thus the complainant being a consumer was given worst services by the respondent and as such the present complaint filed with the prayer that the complaint of the complainant may kindly be allowed and OPs be directed to pay the entire expenses of the complainant incurred by him on the travel from Jalandhar to Jodhpur, to the tune of Rs.5600/- alongwith interest. Further, OPs be directed to pay a compensation of Rs.5,00,000/- for causing mental tension and harassment to the complainant and Rs.50,000/- as litigation expenses.
2. Notice of the complaint was sent to the OPs, but despite service none has appeared on behalf of the OPs and ultimately, both the OPs were proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant produced his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. In nutshell, the case of the complainant is that the complainant had booked four sleeper seats of Bus of Amit Travels from their Agent Vijay Tour and Travels on 02.11.2021 for Rs.5600/- from Jalandhar to Jodhpur, which is evident from Ex.C-1 and accordingly, the complainant and his family boarded the bus from Jalandhar on 03.11.2021 and on the next day i.e. 04.11.2021 when the Bus reached at Bikaner then the conductor of the Bus told the complainant that he and his family have to change the Bus as the Bus will not go to Jodhpur despite the fact that as per Ex.C1 the ticket was booked for Jodhpur. The complainant and his family had to wait in cold outside in open on the road for next Bus at Bikaner. The photographs Ex.C-2 and Ex.C-3 depicts the actual position showing the complainant and his family waiting for Bus. The bus which was to be boarded reached very late at Bikaner. When the Bus came, there was no seat in the bus and the bus was not sleeper type. The complainant reached Jodhpur after much delay, thus the Journey of the complainant became very uncomfortable and thus, the present complaint filed.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-4.
7. In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to refund Rs.5600/- to the complainant alongwith interest @ 6% per annum from the date of booking, till its realization. Further, OPs are directed to pay a compensation including litigation expenses of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
08.09.2023 Member Member President
