Punjab

Nawanshahr

CC/5/2019

Gurcharan Singh - Complainant(s)

Versus

General Manager, Punjab State Bus Stand - Opp.Party(s)

Anil Kataria

08 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES   REDRESSAL FORUM, SHAHEED BHAGAT SINGH NAGAR

 

Consumer Complaint No.   05 of 16.01.2019  

Date of Decision            :  08.11.2019

 

Gurcharan Singh s/o S.Sohan Singh, r/o Street No.7, Hargobind Nagar, Kulam Road, Nawanshahr, Tehsil Nawanshahr, District SBS Nagar.

….. Complainant

Versus

 

1.       The General Manager, Punjab State Bus Stand Management Company Limited (PUNBUS), Jalandhar Depot, Bus Stand Jalandhar.

2.       Punjab State Bus Stand Management Company Limited (PUNBUS) through its Chairman, 672 Secretary Regional Transport,  

3.       Travelyaari (M/s Mantis Technologies Private Limited), Corporate Office at No.412, 3^rd Floor, 5^th Block, 100 feet Road, Koramangala, Banglore 560034.

…Opposite parties

 

 

(Complaint U/s 12 of the Consumer Protection Act, 1986)

 

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.KANWALJEET SINGH , MEMBER

COUNSEL FOR THE PARTIES:

 

For complainant             :        Sh.Bir Chand, Advocate alongwith    complainant

For OPs no.1&2            :         Sh.Kapil Kumar, LO of OPs no.1&2

For OP no.3                            :         Sh.M.P Nayyar Advocate for OP no.3

 

 

Per KULJIT SINGH, PRESIDENT

 

1.   The present complaint has been filed by complainant-Gurcharan Singh under Section 12 of the Consumer Protection Act, 1986 against the OPs on the averments that in the month of November 2018 he planned a trip to Europe and purchased the ticket of Aeroflot Airline from Delhi to Nice (France) and return from Milan (Itlay) to New Delhi. To pick up the flight from New Delhi Airport, he purchased the returned ticket of bus of OPs from Jalandhar to New Delhi Airport on 16.11.2018 through online booking and made the payment of the same to OPs through his credit card from Nawanshahr and OP no.3 issued confirmed return ticket  of the same. As per the schedule of ticket, bus of OPs was to depart from Jalandhar to New Delhi Airport on 17.11.2018 at 3.30 PM and  return bus of OPs was to depart from New Delhi Airport to Jalandhar on 29.11.2018 at 6.10 am as flight of the complainant was to arrive at New Delhi Airport at 4.25 am on 29.11.2018 so he chosen this time of departure. On 29.11.2018, flight arrived at its scheduled time at New  Delhi Airport and he reached about 5.30 am at Main Bus parking IGI Airport Terminal 3 to board the bus of OPs, which was to be departed at about 6.00 am as per the ticket issued by OPs. When bus did not reach at layover of terminal 3, he made a call on mobile number of OP no.1 to verify the schedule of bus and concerned person informed him that the bus will reach within 20-25 minutes. He again contacted on said mobile number and then concerned person informed that buses on this route have been canceled about one week back. Thereafter,  he made a call on the customer care number of OP no.3 and informed the concerned representative about his problem and requested to arrange an alternative transport means for complainant and she assured the complainant that she will call back him within few minutes. The complainant awaited about two hours for response of OP no.3 and thereafter he again made a call on the customer care number of OP no.3 and concerned person instead of making any alternative arrangement to facilitate the travel of complainant from Delhi Airport to Jalandhar stated the process of refund of booking amount without demand. After spending about number of hours in the boarding point of bus of OPs, he booked a taxi from Delhi Airport Taxi Union to reach his destination and paid Rs.6800/- for the same. Therefore, he had filed the present complaint and prayed that OPs be directed to pay Rs.50,000/- with interest as compensation for damages and Rs.20,000/- as litigation expenses.
2. Upon notice, OPs no.1 and 2 appeared and filed written reply and contested the complaint of the complainant. It was averred that  there is no relation in between complainant and OP no.1 as OP has given booking of tickets of the buses from Delhi Air port to Jalandhar to OP no.3, as per agreement dated 13.02.2014, there is no role of OPs to booking any ticket of the buses of Delhi Airport to Jalandhar  and Jalandhar to Delhi Air Port. The complainant purchased the tickets from OP no.3 so there is no role of booking of tickets of the complainant so complainant has no right to claim anything from OPs. The complainant has already received the amount of tickets from OP no.3. Rest of the averments of the complainant were denied by OPs no.1 and 2 and prayed for dismissal of the complaint.
3. OP no.3 appeared and filed written reply and contested the complaint of the complainant by raising preliminary objections that complainant has filed the complaint on false and frivolous grounds. The story narrated in the complaint is false and fabricated with malafide intention. The complaint is  liable to be dismissed with heavy costs. The complainant cannot take benefits of its own wrongs and mistakes. The complaint is not maintainable. The complainant has created a false story in his complaint. No cause of action has arisen against OP no.3. On merits, it is admitted by complainant himself that he left India to abroad on 17.11.2018 and he did not intimated his alternative number of abroad or in India. OP no.3 has contacted the complainant on his mobile number as given to OP no.3. Since the complainant was in abroad, due to this reason, his mobile did not work as same was response as switched off and after landing to India on 29.11.2018 the complainant contacted with customer care and care of OP no.3 immediately informed to complainant about cancellation of the bus route from Delhi to Jalandhar and refunded the money of complainant without any delay. Rest of the averments of the complainant were denied by OP no.3 and it prayed for dismissal of the complaint.
4. The complainant tendered in evidence his affidavit Ex.CW-1, additional affidavit of complainant as Ex.CW-2/A, affidavit of Manoj Kumar as Ex.CW-3/A along with copies of documents Ex.C-1 to Ex.C-10 and closed the evidence. As against it; OPs no.1 and 2 tendered in evidence affidavit Ritesh Pahwa as Ex.OP-1/A along with copies of documents Ex.OP-1 and Ex.OP-2 and Ex.OP-1/3 to Ex.OP-1/15 and closed the evidence. OP no.3 tendered in evidence affidavit of Vishal Rai as Ex.OP-3/A  along with copies of documents Ex.OP-3/1 to Ex.OP-3/7 and closed the evidence.
5. We have heard learned counsel for the parties and have also examined the record of the case.
6. The complainant Gurcharan Singh tendered in evidence his affidavit Ex.CW-1 on the record. He deposed that in the month of November 2018 complainant planed to trip to Europe and purchased the ticket of Aeroflot Airline from New Delhi to Nice (France) and return from Milan (Itlay) to New Delhi. To pick the flight from New Delhi Airport the complainant purchased the returned ticket of bus of OPs from Jalandhar to New Delhi Airport on 16.11.2018 through online booking and made the payment of the same to OPs through his credit card from Nawanshahr and OP no.3 issued confirmed return ticket. As per schedule of ticket, but of OPs was to depart from Jalandhar to New Delhi Airport on 17.11.2018 at 3.30 pm and return bus of OPs was to depart from Jalandhar to New Delhi Airport on 17.11.2018 at 3.30 pm and return bus of OPs was to depart from New Delhi Airport to Jalandhar on 29.11.2018 at 6.10 am as flight of complainant was to arrive at New Delhi Airport at 4.25 am on 29.11.2018 so he chosen the time of departure.  On 29.11.2018, the flight of complainant arrived on its scheduled time at New Delhi Airport and he reached about 5.30 am at Main Bus Parking IGI Airport Terminal 3 to board the bus of OPs, which was to be departed at about 6.00 am as per the ticket issued by OPs, when the bus did not reach at layover of terminal 3, the complainant made a call on mobile number of OP no.1  to verify the schedule of the bus and concerned person inform the complainant that the bus will reach within 20-25 minutes. After waiting 20-25 minutes he again contacted on said mobile number and concerned person informed him that buses on this route have been cancelled. He made  a call on the customer care number of OP no.3 and informed the concerned person, but of no use. After spending about number of hours in the boarding point of bus of OPs, he booked a taxi from Delhi Airport to reach his destination and paid Rs.6800/-for the same.  He alleged negligence and deficiency in service on the part of Ops. Ex.C-1 is copy of statement of account. Ex.C-2 is copy of statement of HDFC Bank Credit Card. Ex.C-3 is copy of electronic reservation slip with terms and conditions. Ex.C-4 is copy of ticket. Ex.C-5 is receipt for payment of Rs.6800/- as taxi charges. Ex.CW-2/A is additional affidavit of the complainant. Ex.CW-3/A is affidavit of Manoj Kumar in support of case of the complainant. Similarly, we have also examined other documents Ex.C-7 to Ex.C-10 on the record.
7. To counter this evidence of the complainant, OPs no.1 and 2 relied upon affidavit of Ritesh Pahwa Electronic Bus Ticket Machine Incharge as Ex.OP-1/A in support the case of OPs. This witness stated that there is no relation between the complainant and OPs no.1 and 2 as OP no.2 has given the contract of online booking of the buses from Delhi Air Port to Jalandhar to OP no.3. As per agreement dated 13.02.2014, there is no role of OP no.1 for online booking of tickets of the buses from Delhi Airport to Jalandhar to Delhi Airport. The complainant has purchased the tickets from OP no.3, so there is no role of online booking of tickets of the complainant. Ex.OP-1 is authority letter issued in favour of Parneet Singh Minhas by General Manager Punjab Roadways Jalandhar to defend the case. Ex.OP-2 is copy of stop online booking from Airport to Jalandhar from 14.11.2018. Ex.OP-1/3 is extension of agreement. Ex.OP-1/4 is copy of permits for operation of interstate bus service from IGI Airport. Similarly, we have also examined other documents Ex.OP-6 to Ex.OP-15 and closed the evidence.
8. OP no.3 relied upon affidavit of Vishal Rai                                                                                                            as Ex.OP-3/A appointed as authorized signatory to pursue the complaint and to contest the same on behalf of OP no.3. He denied all the allegations leveled against OP no.3. Ex.OP-3/1 is copy of authority letter. Ex.OP-3/2 is email regarding cancellation of bus.  Ex.OP-3/3 is copy of status report. We have also examined other documents Ex.OP-3/4 to Ex.OP-3/7  and closed the evidence.
9. From perusal of entire record of the case and after hearing respectful pleadings of the both parties, the grievance of the complainant is that in the month of November 2018 he planned a trip to Europe and purchased the ticket of Aeroflot Airline from Delhi to Nice (France) and return from Milan (Itlay) to New Delhi and to pick up the flight from New Delhi Airport, he purchased the returned ticket of bus of OPs from Jalandhar to New Delhi Airport on 16.11.2018 through online booking and made the payment of the same to OPs through his credit card from Nawanshahr and OP no.3 issued confirmed return ticket  of the same. As per the schedule of ticket, bus of OPs was to depart from Jalandhar to New Delhi Airport on 17.11.2018 at 3.30 PM and return bus of OPs was to depart from New Delhi Airport to Jalandhar on 29.11.2018 at 6.10 am as flight of the complainant was to arrive at New Delhi Airport at 4.25 am on 29.11.2018 so he chosen this time of departure. On 29.11.2018, flight arrived at its scheduled time at New  Delhi Airport and he reached about 5.30 am at Main Bus paring IGI Airprt Terminal 3 to board the bus of OPs, which was to be departed at about 6.00 am as per the ticked issued by OPs. When bus did not reach at layover of terminal 3, he made a call on mobile number of OP no.1 to verify the schedule of bus and concerned person informed him that the bus will reach within 20-25 minutes. He again contacted on said mobile number and then concerned person informed that buses on this route have been canceled about one week back. Thereafter,  he made a call on the customer care number of OP no.3 and informed the concerned representative about his problem and requested to arrange an alternative transport means for complainant and she assured the complainant that she will call back him within few minutes. The complainant awaited about two hours for response of OP no.3 and thereafter he again made a call on the customer care number of OP no.3 and concerned person instead of making any alternative arrangement to facilitate the travel of complainant from Delhi Airport to Jalandhar stated the process of refund of booking amount without demand. After spending about number of hours in the boarding point of bus of OPs, he booked a taxi from Delhi Airport Taxi Union to reach his destination and paid Rs.6800/- for the same. On the other hand, OPs denied all allegations leveled against them by complaint.
10. It is an established fact that in the month of November 2018 the complainant planned a trip to Europe and purchased the ticket of Aeroflot Airline from New Delhi to Nice (France) and return from Milan (Itlay) to New Delhi.  To pick up the flight from New Delhi Airport , he purchased the returned ticket of bus of OPs from Jalandhar to New Delhi Airport on 16.11.2018 through online booking and made the payment of the same to OPs through his credit card from Nawanshahr and OP no.3 issued confirmed return ticket of the same. As per the schedule of ticket, the bus of OPs was to depart from Jalandhar to New Delhi Airport on 17.11.2018 at 3.30 PM  and return bus of OPs was to depart from New Delhi Airport to Jalandhar on 29.11.2018 at 6.10 am as the flight of the complainant was to arrive at New Delhi Airport at 4.25 am on 29.11.2018 so he chose this time of departure. On 29.11.2018 the flight of the complainant arrived at its scheduled time at New Delhi Airport and he reached about 5.30 am at Main Bus Parking IGI Airport Terminal 3 to board the bus of OPs, which was to be departed at about 6.00 am as per the ticket issued by OPs, when bus did not reach at layover of terminal 3, he made a call on mobile number of OP no.1 to verify the schedule of the bus. To refute this version of complainant, OPs no.1 and 2 stated that they authorized OP no.3 for booking of tickets from Airport Delhi to Jalandhar or Jalandhar to Delhi Airport through agreement dated 13.02.2014. As per instruction of Government OP no.3 stopped to plying the buses on Jalandhar to Delhi Air port or Airport Delhi to Jalandhar on 14.11.2018 and intimation to this effect was duly sent to OP no.3 by OP no.1 through email on 14.11.2018. Moreover instruction was also given to OP no.3 to stop the booking through online. The complainant has already received the amount of tickets from OP no.3.
11. Keeping in view the facts and circumstances of the case, it is crystal clear that if Government instructed any department to stop any work in future or with immediate effect, then no department can challenge the same. Ex.C-3 is Electronic Reservation Slip with terms and conditions. OPs also delivered the terms and conditions of PUNBUS to complainant. As per terms and conditions of PUNBUS, Punjab Roadways is not responsible for :- i) Bus not departing or reaching on time ii) The bus operators employees being rude iii) bus seas etc nor being upto expectation of the customer iv) The Bus operator cancelling the trip due to unavoidable reasons v)  Stolen/Lost/Damaged baggage during the journey vi) Bus operator changing allotted seat at the last moment to accommodate a lady/child vii) Customer waiting at the wrong boarding point or getting delayed in reaching the boarding point viii) Bus operator changing the boarding point and/or using a pickup vehicle at the boarding point to take customer to the bus departure point.  The arrival and departure time on the ticket is tentative. The bus will not leave the source before scheduled departure. Ex.OP-13 is letter regarding termination of licence agreement dated July 08 2016.  This letter in reference to the licence agreement dated July 8, 2016 to permits  PRTC to pick up and drop off the bus passengers to and from various parts of the Punjab at the designated lane of arrival and departure level at Terminal 2 at the Airport.  Government of National Capital Territory of Delhi Enforcement Branch, Transport Department 5/9 Under Hill Road, Delhi issued letter no.EO/HQ/ENF/TPT/2018/2305-2307 dated 14.11.2018 regarding illegal operation of Punjab Roadways and PRTC Buses from IGI Airport. In this letter, it has been specifically mentioned that Punjab Roadways buses are illegally operating from IGI Airport New Delhi Enforcement Wing of Transport Department has impounded many such buses found operating without valid permit for Delhi State. Transport Department has not issued/counter signed any permit to ply from IGI Airport to other states as interstate stage carriage. It has also reported that Delhi Airport Parking Services Ltd has signed an agreement with PEPSU Road Transport Corporation for providing pick up and drop to passengers travelling from IGI Airport.  The interstate buses registered in other states are allowed to carry passengers from ISBTs only. Ex.OP-1/15 is agreement executed between Punjab State Bus Stand Management Company through its Managing Director PUNBUS and M/s Mantis Technology Pvt. Ltd a company incorporated under the Companies Act 1956. As per this agreement, cancellation will be carried out by second party online bus ticket or channel partner’s recharge amount after deducting cancellation fee of PUNBUS.
12.  

13.     Let copies of the order be sent to the parties, as permissible, under the rules.

Dated :08.11.2019

 

                                      (Kanwaljeet Singh)          (Kuljit Singh)

                                         Member                            President

 

 

 

 

 

1.  
2. O