Consumer Complaint No.352/08

Date of presentation: 20.12.2008

Date of decision: 7.11.2009

Sh. Kartar Singh son of Sh. Duni Chand resident of village and Post Office Bagli, Tehsil Dharamshala, District Kangra,HP

Complainant

Versus
The Himachal Pradesh State Transport Corporation, through it’s Regional Manager, Dharamshala, District Kangra-HP Opposite parties

Complaint under section 12 of the Consumer Protection Act, 1986

PRESIDENT: R.K.MITTAL

MEMBER: PARDEEP DOGRA
For the complainant: Sh. Vinay Sharma, Advocate

For O.Ps: Sh. Tarun Sharma, Advocate
R.K.MITTAL, PRESIDENT (ORAL)

The brief facts of the complaint, as alleged, are that on 27.8.2008, the complainant Sh. Kartar Chand, had boarded a bus No.HP-68-1496 of the opposite party, round about 2 PM, from Chandigarh Bus Stand, for journey to destination Kangra-having route from Shimla to Dharamshala via Chandigarh. Before boarding the bus, the complainant had purchased ticket No.130G-087895 worth Rs.100/-, ticket No.LA580-043015 worth Rs.50/-, and ticket No.HF-85-98315 wroth Rs.20/-(tickets total worth Rs.170/-), from the ticket booking counter at Bus stand Chandigarh, after paying the due consideration. When the bus had reached near Anjoli (Punjab), two persons claimed themselves to be as Inspectors (Ticket Checkers) who were not in uniform (hereinafter referred to as Inspectors), had boarded the bus, and had started checking the tickets of the passengers. When the said Inspectors had come near him, for checking, he (complainant) had requested them to wait for a while, as he was taking out the tickets from his purse, but the Inspectors had started humiliating him, by saying that they had no time to wait, and they had forced him to pay Rs.370/-, otherwise, they would get him down from the bus.

It is alleged that the said Inspectors had started using filthy language, and had also made comments upon him by saying that they people were habitual of traveling in the buses, without tickets. To avoid humiliation, the complainant had paid a sum of Rs.370/- to them, and had also shown them the tickets immediately thereafter. He had requested them to return his amount of Rs.370/-, but the Inspectors did not pay any heed to his requests. They had flatly refused to return the amount of Rs.370/- by saying that they had already completed the proceedings. He had asked them to give the receipt of the amount, but they did not issue any receipt in lieu of the amount of Rs.370/-, received from him. Thereafter, the complainant had approached the opposite party about his grievances by visiting the office of the opposite party personally, but of no use. It is alleged that the complainant had obtained the certified copies of the pay bills, alongwith detailed report made by the Inspectors, etc. under Right to Information Act. The complainant has contended that even the Conductor of the bus had told the Inspectors that the complainant had purchased the tickets from the booking counter at Chandigarh, and he had checked his tickets, as well as of other passengers, just after the bus had started from it’s destination from Chandigarh Bus Stand, but the Inspectors did not pay any heed towards the statement of the bus-conductor, and had adamantly, and forcibly, charged a sum of Rs.370/-, from him (complainant) even on showing the tickets, which were purchased by him at the booking counter at Chandigarh.

The complainant has contended that at that time, he had only a sum of Rs.400/-, in his pocket. He had to spend some amount on his refreshment/lunch etc, and also to take tickets, from Kangra, for reaching his native place at “Chetru”, but the Inspectors did not care for his requests. The complainant has contended that the aforesaid facts, clearly shows an un-fair trade practice on the part of the opposite party, and they have been deficient, in rendering proper services to him. He has also alleged that due to the mis-behavior of the Inspectors, he had suffered mental harassment, and agony, on account of humiliation, in front of the passengers of the bus. The complainant has also contended that the opposite party has been deficient in rendering services by not refunding the amount of Rs.370/- to him, and they had also not issued any receipt for this charged amount.

The complainant has sought the relief for the recovery of Rs.370/-, alongwith interest @ 12% per annum which was charged by the opposite party illegally from him, without issuing any receipt. He has also claimed compensation to the tune of Rs.50,000/-, for his mental agony, and harassment etc. He has claimed litigation charges to the tune of Rs.10,000/-, of this complaint.

2. The opposite party has contested the complaint by filing their reply on 4.4.2009, in which they have contended that neither the complainant has got any cause of action, nor has got any locus standi to file this complaint. He is also estopped from filing this complaint, on account of his act, conduct, and acquiescence. They have also contended that this complaint is bad for non-joinder of necessary parties, and this Forum does not have the jurisdiction to entertain, the present complaint, which is not legally, and factually maintainable in the present form. They have also contended that this Forum does not have the territorial jurisdiction to entertain this complaint. They have also contended that the complainant has suppressed, and concealed the material, and true facts from this Forum, and he has not come with clean hands.

They have admitted that the complainant had boarded the bus from Chandigarh. They have alleged that when the Inspectors had inquired about the tickets from the complainant at village Anjoli (Punjab), the complainant had started searching his tickets in his baggage, and thereafter, in and round his seat, but when he had failed to produce the same in-spite of his best efforts, the aforesaid Inspectors, were left with no other alternative, except to fine him, as per the rules and the regulations. Firstly, the tickets of Rs.170/-(the actual fare from Chandigarh to Kangra) was charged form him, and thereafter, the said Inspectors had made an inquiry from the conductor of the bus, for not producing the tickets of the complainant, and when he had failed to produce the tickets, he was fined for a sum of Rs.200/-, and the same was paid by the complainant, out of his free will, and consent. They have denied that the Inspectors, had humiliated the complainant, and had used filthy language, and had made any comment against the complainant. They have contended that the proceedings of fine etc. were initiated against the complainant after the Inspectors, had checked the tickets of all the passengers of the bus, and sufficient time was given to the complainant to produce his tickets. When the complainant had miserably failed to produce his tickets, and had told the conductor, and Inspectors that he could not find his tickets, only then, they(inspectors), had charged the bus fare, and had levied the fine to the tune of Rs.200/-. They have denied that the complainant had shown the tickets to the Inspectors, after levying the fine to him.

They have contended that there is no deficiency in service on their part. The true facts are that the complainant had failed to dis-play his tickets to the Inspectors, at the time of checking of the bus. They have also contended that no receipt was given to the complainant, for charging Rs.370/-, as there is no provision to this effect. They have contended that the complaint is vague, mis-conceived, vexatious, and frivolous, so they have prayed for the dismissal of this complaint.

3. No rejoinder has been filed by the complainant in this case.

4. We have considered the arguments of Sh. Vinay Sharma, Adv. learned counsel for the complainant, and of Sh. Tarun Sharma, Adv. learned counsel for the opposite party, and we have also carefully gone through the file, facts, and the evidence on the record.

5. The complainant Sh. Kartar Singh, has fully supported/corroborated the averments/facts of the complaint, on oath, in his affidavit Ex.CW-1. Annexure c-1, is the bundle of the original tickets, purchased by the complainant from the counter of HRTC-Bus Stand-Chandigarh. The opposite party could refute easily by leading cogent, and convincing evidence that the aforesaid tickets, were not purchased by the complainant from their counter at Bus-Stand, Chandigarh. Rather Annexure C-2 is the photo copy of the ticket issuance docket register. The tickets purchased by the complainant are duly mentioned in this register. Annexure C-3, is the certified copy of the report, submitted by the Inspectors-which shows that the passenger had taken the tickets, but it were mis-placed, and it could not be shown to them(inspectors), at the time of checking, due to which, a sum of Rs.370/-, was charged from the complainant. As per pleadings of the parties, Rs.200/-, were imposed as fine by the Inspectors to the complainant, but they (inspectors) did not issue any receipt qua imposition, and realization of the fine. It is absolutely high handedness on the part of the opposite party, because if the complainant was found traveling without tickets, then they should have issued fine receipt to the tune of Rs.370/- to the complainant, for the money charged from him by them.

6. On the other hand, Ex.OPW-1, is the affidavit of Sh. Amar Nath Salaria, on behalf of the opposite party. Annexure OP-1, is the report dated 15.9.2008, made by the Regional manager, HRTC-Hamirpur, regarding the aforesaid incident. Annexure OP-2, is the report of the proceedings done by the Inspectors on the spot. Annexure OP-4, is the photo copy of the letter, regarding the explanation called of the conductor Sh. Jai Karan, by the opposite party. Annexure OP-5, is the photo copy of the reply, made by the Conductor Sh. Jai Karan, to his explanation before the opposite party. From the perusal of this reply, it is revealed out that the conductor had made clear cut admission before his higher authorities that the complainant was found in possession of the tickets, purchased from the counter of the HRTC-Bus-Stand-Chandigarh. We will like to mention here that the inspectors were duty bound to confirm from the Conductor before taking any action against the complainant to the effect that whether he (conductor) had checked the tickets, and whether he had checked the tickets of the complainant, and had found him possessing the original tickets. If the conductor had not checked the tickets of the passengers/complainant upto the distance of 100 kilometers, then the action should have been taken by the Inspectors against the conductor, but if the conductor had confirmed before the Inspectors that the complainant was having valid tickets during traveling, then no action was required to be taken against the complainant in the hasty manner. Annexure OP-8, is the photo copy of the ticket issuance docket register, which confirms/corroborates the version of the complainant. The act, and conduct of the Inspectors, in the aforesaid incident, is highly objectionable-firstly for the reason that they did not confirm from the conductor, before taking any action against the complainant, and secondly if the complainant could not produce the bus tickets (possessed by him) before them (Inspectors) at the time of the checking, then they should have issued a fine receipt of the amount, charged by them from the complainant. However, the evidence on the file goes to show to our entire satisfaction that the complainant had purchased the bus tickets of his journey from Chandigarh to Kangra, from the counter of HRTC-Bus-Stand, at Chandigarh, which were found mis-placed by the complainant on checking. So, the act, and conduct of the employees of the opposite party, is highly objectionable, and undesirable, which amounts to unfair trade practice and deficiency in service on their part. So, the complaint deserves to be partly allowed.

7. Now, how this deficiency can be cured? We are of the considered view that the ends of justice will be met, in case the opposite party is directed to refund Rs.370/-(charged by the employees of the opposite party, illegally from him). We also assess Rs.5000/-, as compensation, for the mental agony, and harassment of the complainant. We also assess Rs.1000/-, as litigation charges of this complaint.

8. No other point has been argued, or urged before us.

9. In view of the discussion made hereinabove, the complaint is partly allowed. We order the opposite party to refund Rs.370/-(charged by the employees of the opposite party, illegally from him) within 30 days after the receipt of copy of this order, failing which it will carry interest @ 9% per annum from the date of complaint, till it’s final payment. We also direct the opposite party to pay Rs.5000/-, as compensation for the mental agony, and harassment of the complainant, and litigation charges to the tune of Rs.1000/-, within 30 days after the receipt of copy of this order. The copy of this order be sent to the parties, free of costs, and the file after it’s due completion be consigned to the record-room.