STATE OF HARYANA Vs. J S MAND

JUDGEMENT

(1.) On a complaint instituted by Lt. Col. J. S. Mand (Retired), the District Forum-II, Chandigarh ordered on 18.10.1999 that a sum of Rs.97/- shall be refunded to the complainant-passenger with interest at the rate of 12% per annum payable from 11.11.1997 till realisation. Besides this, the State of Haryana and the General Manager, Haryana Roadways, Kingsway Camp Depot Delhi has been ordered to pay Rs.5,000/- as damages. Aggrieved against this order dated 18.10.1999, the present appeal has been attempted.

(2.) Briefly, the facts are that at 10.30 a. m. on 11.11.1997 Lt. Col. J. S. Mand (Retd ). boarded the Haryana Roadways Deluxe Bus No. HR 26-A/1150 at Delhi for Chandigarh and paid Rs.184/- as the fare whereas for an ordinary bus it was Rs.87/- only in those days. It was specifically alleged that after boarding the bus, he pointed out to Azad Singh, conductor of the bus, shabby condition of the seats of the bus. The seats were tilted and some of them worne out. Mechanically the bus was scarcely roadworty. There was a lot of rattling. The passengers who spent the fare for availing comfortable journey felt harassed. The entire journey for reaching Chandigarh took six hours and 10 minutes. The condition of the deluxe bus was rather inferior to that of an ordinary bus. In all the complainant sought damages to the tune of Rs.2,000/- besides the refund of fare of Rs.184/- alongwith interest and costs of the complaint.

(3.) In a reply filed by the respondents, it has been averred that the bus started from Delhi at 10.35 a. m. and reached at 4.40 p. m. at Chandigarh. It has further been averred that the deluxe bus in question was in proper condition and it has also been denied that Azad Singh, conductor of the bus was in agreement with the faults which the complainant and other passengers pointed out. It has further been averred that all the facilities of deluxe bus were provided to the passengers. Besides the affidavit of the complainant, there are detailed affidavits of two passengers who travelled in the same deluxe bus, namely Shri Tilak Raj son of Shri Durga Das, resident of 39, Jyoti Nagar, opposite Income Tax Colony Jalandhar City and Shri M. S. Saggu s/o Shri Gurnam Singh r/o H. No.440, Phase II, Mohali, dated 10.8.1998 wherein the aforesaid two passengers have also supported the allegations made by the complainant. The affidavits of the complainant and these two passengers who belonged to different places, travelled in the same bus clearly established the inconvenience experienced by the complainant as a passenger. The denials made by the conductor and the driver though through affidavits, is not considered sufficiently rebutted. The complainant who is a retired Army Officer had no motive to institute a complaint unless he really felt aggrieved with the appellant, a transport company run by the State Government, possessed and was utilising defective and unsatisfactory vehicle and at the same time charging fare equivalent to that of deluxe bus.