PRITPAL SINGH vs DIVISIONAL MANAGER, CHANDIGARH TRANSPORT UNDERTAKING

PRITPAL Singh travelled in Bus No. CH-01-G-5360 from Banur to Chandigarh at 8.25 a.m. on 12.1.95 after purchasing a ticket for a total sum of Rs. 9/-. It had scarcely covered a few kilometers that after a few jerks this old vehicle stopped and could not proceed further. The complainant waited for another bus of the respondent but it was not available. He ultimately travelled in a bus belonging to the Punjab Roadways bearing No. PJG-2814 after purchase of another ticket for which he also spent another sum of Rs. 9/-. It was a winter morning and the complainant faced inconvenience and besides the refund of Rs. 9/- a sum of Rs. 500/- has also been awarded as damages by the District Forum, Union Territory, Chandigarh on 8.8.96. The complainant remained dissatisfied with the award and has attempted the present appeal.

IN the reply it has been averred that after covering 4 kilometers the bus developed technical defect it stopped and could not proceed further. However, it has been stated that the stranded passengers were accommodated in the next available buses on the same ticket. The learned Counsel for the appellant has referred to Subba Reddiar and Others v. The Managing Director, Thiruvalluvar Transport Corpn. Limited, 1995 (1) CPC 74, wherein a sum of Rs. 1,500/- was awarded against the Transporter. In the aforesaid case of Bangalore the complainants in fact were four members of a family and the trip of the bus was altogether cancelled without informing the passengers in advance. In T.B.O. Travels v. Sri Kota Suryanarayana & Another, II (1991) CPJ 396 a sum of Rs. 5,000/- was awarded as compensation. However in that case the passengers were newly weds and they had purchased tickets of a Video Coach from Bangalore to Ooty and circumstances were thus distinguishable.

After perusal of the affidavit of the complainant dated 23.11.95 we are satisfied that the condition of the bus was unsatisfactory and it was a case of deficiency on the part of the respondent which caused inconvenience to the appellant passenger. However as regards the quantum ordered by the District Forum, Union Territory, Chandigarh, there appears to be no sound reason or circumstance for enhancement. The appeal is hereby dismissed. There is no order as to costs.

ANNOUNCED. The order be communicated to the parties free of charges. Appeal dismissed.