RAM SINGH Vs. WARAICH TOURS AND TRAVELS

JUDGEMENT

(1.) This is an appeal against the order of District Consumer Disputes Redressal Forum-II, UT, Chandigarh (hereinafter, for short, referred to as District Forum-II) dated 7.2.2003 in Complaint Case No.376 of 2002, Ram Singh V/s. Waraich Tours and Travels.

(2.) The complaint in short is that the complainant hired the services of the OP for transporting members of the Barat of his nephew from Zirakpur to Village Pandwala, Tehsil Derabassi on 26.4.2002. It was agreed that a 50 seater ordinary bus will be provided at 7:30 a. m. on the aforesaid date. A sum of Rs.500/- was taken by the OP as the advance amount for booking the bus and balance Rs.2,000/- was to be paid later (Annexure P-1 (sic. C-1) refers ). However, on the date i. e.26.4.2002 the bus did not arrive at the appointed place till 10:00 a. m. and when approached by the complainant the OP refused to send the bus. Consequently, the complainant had to hire six Tata Sumo vehicles for the transporation of the Barat for which he had to spend more than Rs.5,000/- and moreover the Barat was late by five to seven hours which caused a lot of humiliation and embarrassment to the complainant. For this deficiency in service on the part of the OP, the complainant filed this complaint and prayed for the refund of Rs.500/- paid as advance to the OP and also payment of Rs.50,000/- by the OP for the loss suffered.

(3.) The OP did not appear to contest the case and was proceeded against ex parte. Based on evidence produced by the complainant, learned District Forum-II held the OP guilty of deficiency in service and partly allowing the complaint directed the OP to pay the complainant Rs.2,500/- as compensation for physical and mental harrassment and also to refund Rs.500/- paid by him as advance. The OP was also to pay Rs.500/- to the complainant as costs of litigation. It further directed the OP to pay interest to the complainant of Rs.3,000/- w. e. f.26.4.2002 till payment.