DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/140/2018
No. DF/ Central/
- Shri Ajay Jain,
S/o Prem Chand Jain
R/o H. No. 257 Street No. 17
Near Lovely Public School
New Layal Pur, Krishna Nagar,
Delhi-110051.
- Shri Sanjay Bansal
S/o Bhola Ram Bansal
R/o 11,A/1 Top Floor,
New Loyal Pur Colony,
Krishna Nagar, Delhi
- Shri Anoop Goel
S/o Atma Prakash Goel
H.No.18-A Second Floor,
Gagan Vihar Extension,
Krishna Nagar, Delhi-110051 …..Complainants
Versus
White Queen Travels (Regd.)
B-114, Ist floor, R.G. City Centre,
Plot No.4, Motia Khan
Pahar Ganj, Central-110055. ….. Opposite Party
Coram: Ms. Rekha Rani, President
Ms. Manju Bala Sharma, Member
Sh. R.C. Meena, Member
ORDER
Rekha Rani, President
1. Shri Ajay Jain and others (in short the Complainants) filed the instant complaint u/s 12 of the Consumer Protection Act, 1986 as amended up to date (in short the Act) pleading therein that they approached White Queen Travels (in short the OP) to provide twelve seater tempo traveler on 06.6.18 for religious tour which was from Delhi-Badrinathji-Delhi and the date of journey was 15.06.18 to 19.06.18. The total amount of the tour was Rs.38,000/- and the complainant paid Rs.5,000/- as booking amount at the time of booking. On 15.06.18 at about 12.30 AM, as per schedule OP provided the vehicle with driver Kuldeep. OP’s driver picked up all the passengers and the vehicle proceeded towards its destination. At about 01.10 AM at H.P. Petrol Pump, Dilshad Garden, OP’s driver demanded Rs.10,000/- for fuel and complainants paid the same to the driver. At about 05.30 AM, vehicle reached Roorkee (Uttrakhand) where the driver fulfilled certain formalities of the State Road Transport Department, Uttrakhand. It took about 5 hours in that process and after that vehicle reached at Rishikesh at 02.00 PM. When the vehicle reached at Rishikesh Check Post, the RTO stopped the vehicle and asked the driver for the production of relevant documents namely, RC, Insurance, Permit, Road Tax, License etc. The driver of the vehicle failed to show the tax deposit slip to the RTO. RTO accordingly seized the vehicle.
Complainant requested OP to provide another vehicle for continuation of the journey but OP demanded extra money from the complainants. Complainants requested the driver for allowing them to pickup their luggage from the vehicle. But the driver refused the same and said unless he was paid full money he would not listen to them. Thereafter, complainants made a complaint to the concerned police station. It was only an intervention of the officer-in-charge of the police station that complainants were allowed to deboard the luggage.
Complainants had to stay for two days at Rishikesh & Tapovan (Uttrakhand) in a hotel. On 17.06.18, when no arrangements were made by the OP to provide another vehicle, complainants returned to Delhi by bus and their religious tour had been spoiled by the OP. Hence, complainants have filed instant complaint for seeking direction to OP to refund an amount of Rs.15,000/- and to pay Rs.35,000/- for hotel booking in Rishikesh and Tapovan Uttrakhand and Rs.3,00,000/- towards compensation for mental and physical harassment, Rs.1,00,000/- for causing inconvenience and Rs.25,000/- as litigation expenses.
2. OP contested the claim vide its written statement. It is pleaded that complainant no. 1 Ajay Jain booked a Tempo traveler from Delhi to Badrinathji for his own family but he had wrongly taken two families with him. It is stated that complainant no. 2 and complainant no. 3 are strangers to the OP. It is also stated that when the journey stared from Delhi complainants threatened the driver of the vehicle that they have good links with the politicians and they can implead the driver in rape and molestation cases. It is stated that the driver of the vehicle demanded Rs.10,000/- for fuel but complainants were not ready to pay the same and used abusive language and also had mercilessly beaten the driver. Further it is stated that complainant No. 1 was apprised about the issue of road tax but he said that he would pay Uttar Pradesh road tax and Uttrakhand road tax. It is further stated that complainant No. 1 himself called the police on 100 number and got the vehicle seized with the help of Transport Department. It is also stated that OP paid Uttrakhand tax payment and slip of the same was sent to the complainant No.1 on whatsapp but he deleted the same and did not show it to Transport Authority. It is also stated that when owner of the vehicle got a message that the Transport Authorities of the Uttrakhand had seized the vehicle he reached Uttrakhand with another vehicle so that complainant No.1 could complete the journey. It is also stated that he paid Uttrakhand road tax of Rs.5500/- for the second time and informed complainant No.1 on his whatsapp number. It is denied that driver of the vehicle refused to allow the complainants to deboard the vehicle with their luggage. It is denied that OP refused to provide another vehicle to the complainants to complete their journey.
3. Both sides adduced their evidence by way of affidavits.
We have heard Shri Anikit Gupta Ld. Counsel for complainant and Shri B.M.Shukla Ld. Counsel for OP.
4. In para No.7 of the complaint it is pleaded that on 15.06.18 at about 01.10 PM at H.P. Petrol pump Dilshad Garden driver of the vehicle demanded Rs.10,000/- for fuel which complainants gave to him and the vehicle then proceeded. In Para No. 7 of the written statement it is not denied that at about 01.10 AM the vehicle was at Dilshad Garden Delhi where driver of the vehicle demanded Rs.10000/- for fuel/ diesel. Case of the complainants is that they had paid Rs.10,000/- to the driver for fuel. OP has denied the same and alleged that complainants asked the driver to pay the fuel charges of Rs.10,000/- from his own pocket. They abused him in filthy language and they had also mercilessly beaten him.
If driver of the vehicle was not paid Rs.10,000/- for fuel by the complainants he would not have taken the vehicle further towards its destination. So there is substance in the case of the complainants that they paid Rs.10,000/- to the driver for fuel.
The allegations of OP that the driver was asked to pay the fuel charges from his own pocket and he was abused in filthy language and was also mercilessly beaten cannot be believed because had such an incident happened the driver would have informed the owner of the vehicle and he would have also informed the local police station that he was ‘‘mercilessly beaten’’ but there is no complaint either to the owner of the vehicle or to the police nor is there any medical report indicating the ‘‘merciless beating.’’
5. It is not in dispute that the vehicle was seized at Rurkee for failure to produce the State Road Transport Tax receipt. Case of the OP is that he had apprised the complainant no. 1 about it and complainant No. 1 had agreed to pay the same. No such agreement is indicated on record and it is always the duty of the owner of the vehicle to ensure that the vehicle is taken on road only when it has all the requisite documents.
OP has also pleaded that owner of the vehicle had gone to Uttrakhand with another vehicle and also paid Uttrakhand Road Tax of Rs.5500/-. No such payment receipt is placed on record by the OP.
Learned counsel for the OP submitted that it was only when the complainant agreed to pay State Road Tax that an amount of Rs.38,000/- was settled for completion of journey from Delhi-Badrinathji-Delhi otherwise the amount would have been about Rs. 70/ 80 thousand.
The said submission is not believable because as per OP as stated in para no. 10 of its written statement Uttrakhand Road Tax payment of Rs.5500/- was made. So road tax payment was not of huge amount.
6. It is, therefore, clear that OP is guilty of deficiency in service provided to the complainant and therefore liable to compensate them for financial loss as well as physical and mental harassment caused to them due to deficiency in services.
In view of the above discussion, OP is directed to refund Rs.15,000/- to the complainants and also to pay Rs.50,000/- to the complainants for causing physical and mental harassment, for forced stay at Rishikesh & for spoiling their religious tour and pay to the complainants a sum of Rs.5000/- as litigation expenses.
This amount shall be paid by the OP to the complainants within 30 days from the date of receipt of copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment.
Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on this 29th Day of Jan. 2020.
