NATIONAL TRAVELS Vs. PANCHALI SHIV BHAGAT SEWA SAMITI

JUDGEMENT

(1.) SHREE Panchali Shiv Bhagat Sewa Samiti, respondent (in short the 'Samiti') was a private religious body of which Sh. Surinder Singla was the President. He is well conversant with the facts of this case. He was authorised to file the complaint.

(2.) IT was pleaded that the Members of the Samiti made a programme to pay a visit to Holy Temple of Mata Shree Vashnu Devi in the State of Jammu and Kashmir. The Samiti contacted Janta Tours and Travels, Bhadaur House, Ludhiana and through them they contacted Jasbir Singh, Proprietor of M/s. National Travels i.e. appellants and got booked bus No. DL -1PA -0636 for going to Katra for the dates from 22.12.2001 to 24.12.2001 for a sum of Rs. 14,000 in lump sum for both journeys i.e. going to Katra and coming back to Mandi Gobindgarh. Rs. 4,000 were paid by the Samiti to the appellants on 18.12.2001 as advance money. Rs. 10,000 were to be paid after reaching back in Mandi Gobindgarh. However, at the last hour, Jasbir Singh, owner of the appellants started pressing the Samiti to make the payment of balance amount of Rs. 10,000. The Samiti paid the remaining amount of Rs. 10,000 to the appellants as they had no alternative to engage another bus at the eleventh hour.

(3.) IT was further pleaded that the bus reached Mandi Gobindgarh in time. The Members of the Samiti boarded the bus. The bus reached Katra on the same day i.e.22.12.2001. The Members of the Samiti started their foot journey to the Holy Temple of Mata Vaishno Devi. They were to come back to Katra on 23.12.2001 evening and the return journey from Katra for Mandi Gobindgarh was to be started on 24.12.2001 at 7.00 a.m. by the same bus namely DL -1PA -0636.