CHANDRA SHUBH YATRA CO LTD Vs. PANKAJ GUPTA

JUDGEMENT

(1.) The complainant along with his wife and an infant child was travelling from Sri Ganganagar to Chandigarh on 29.1.1999 at 10 p. m. and paid Rs.260/- as fare for two seats. While at Abohar at about 11.00 p. m. the bus was stopped by Punjab Police and it has been alleged that there was want of legal/valid permit and the complainant and other two members of his family were brought down from the bus and they experienced great difficulty in reaching Chandigarh. The District Forum-II, Union Territory, Chandigarh ordered ex-parte on 3.1.2000 payment of Rs.26,000/- as consolidated compensation. Aggrieved against it, the present appeal has been attempted by M/s. Chandra Shubh Yatra Co. Ltd. and two others.

(2.) Since the impugned order was ex-parte and the facts have been controverted, in the interest of justice the impugned order is hereby set aside. The complaint is remanded. The parties shall appear before the District Forum-II, Chandigarh on 19.7.2000 where replies shall be filed and evidence of both parties shall be produced and thereafter it shall be decided and disposed of. At the same time Cross Appeal No.35 of 2000 wherein there is a plea for enhancement of amount of compensation has also been considered. The quantum of compensation shall be considered by the District Forum-II when evidence not only by the complainant but also by the transporter is adduced. Consequently the cross appeal stands disposed of without prejudice to the merits. Ordered accordingly.