V.P. SHARMA Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) THIS appeal has been filed under Section 15 of Consumer Protection Act, 1986 (hereinafter called the Act) against the order dated 9.8.2011 passed by the District Forum (North), Tis Hazari, Delhi in Complaint Case No. 454/09, V.P. Sharma v. Haryana Roadways. The relevant facts relating to this appeal are that Sh. V.P. Sharma is a Practising Lawyer. It has been alleged that during the intervening night of 28/29.9.2007, he boarded a Haryana Roadways Bus No. HR -66 -2932 at about 1.20 a.m. from ISBT, Delhi to Chandigarh. He was allotted the seat No. 23. On 29.9.2007, he was scheduled to attend an important hearing in the Shimla High Court at 10.00 a.m. The bus started from ISBT Delhi and when it reached Singhu Border, Delhi, there was breakdown and it stopped there. Despite this the conductor and driver of the bus did not bother and they did not contact higher authorities of Haryana Roadways as was expected from them. From their conduct it appeared that the breakdown of the bus was deliberate and wilful. The complainant as well as other passengers on request of doing the needful misbehaved with them and left them at isolated place. Frustrated, the complainant gave a call to police control room at No. 100 and the complaint was recorded dated 29.9.2007. The conductor and driver of the bus left the place leaving the passengers at the spot. There was no solution of the problem insight and complainant was forced to board another bus at 5.00 a.m. In the process the complainant suffered lot of mental torture and physical strain and missed an important hearing in the High Court at Shimla, as he could not reach in time. He therefore, filed the complaint against the OPs for directions to refund the amount charged for services with penalty and to pay damages for harassment to the extent of Rs. 2 lacs and Rs. 25,000 towards costs of litigation.

(2.) THE OP -Haryana Roadways filed written statement denying the allegations in the complaint. However, it was not disputed that during the intervening night of 28/29.9.2007 bus No. HR -66 -2932 had started from ISBT Delhi to Chandigarh. It was further not disputed that the bus broke down at Singhu Border. But the OP maintained that the complainant was not a bona fide passenger of that bus as tickets filed by him were not tallying with the tickets issued with Advance Booking Voucher of the concerned bus dated 29.9.2007. As a matter of fact the tickets which have been filed by the complainant were actually issued for their distribution on 15.3.2006 to Bus No. 1284 vide booking way bill No. 93998. It was also alleged that when the bus broke down at Singhu Border, the passengers of the said bus were accommodated in another bus coming on the same route and duty section of Narnaul Depot was also informed regarding the said breakdown. Not only this a mechanic was called to repair the bus. Therefore, averments made in complaint were wrong and fabricated and were simply made at extracting money from the OP. The complaint was baseless and liable to be dismissed.

(3.) THE complainant felt aggrieved and preferred this appeal inter alia on the following main grounds besides the others: