3/17/23, 9:05 PM Cause Title/Judgement-Entry

Heading1
Heading2
 
Complaint Case No. CC/44/2019
( Date of Filing : 19 Nov 2019 )
 
1. Dr. Ranjana Dhar
Durgapolly Ghungoor Road, Silchar
Cachar
Assam ...........Complainant(s)
Versus
1. Manager/Proprietor Jagannath Tours & Travels (P) Ltd.
ISBT Counter No.37, Bay No.59, 60 ISBT, Guwahati-781035
Kamrup
Assam
2. The Manager/Proprietor of Jagannath Tours & Travels Pvt.
Ltd.
Hospital Road, Rangirkhari, Silchar
Cachar
Assam ............Opp.Party(s)
 
BEFORE: 
  HON'BLE MR. JUSTICE Sri Samarjit Dey PRESIDENT
  Kamal Kumar Sarda MEMBER
 
PRESENT:
 
Dated : 15 Feb 2022
Final Order / Judgement
JUDGMENT  AND   ORDER

                                                        

                                             The present case has been filed by  complainant  Dr. R. Dhar
against  J. Tours &  Travels Pvt. Ltd. ( here-in-after called the  Opposite  Party  or  O.P.)  stating
the facts that  on  17/07/2019   the complainant travelled in  Leyland  A-C  Seater-sleeper
Executive Luxury (2+1) night super  of the  O.P.  which started from Guwahati  ISBT  at 8.00
P.M.  It has been alleged that  though AC bus charges were taken from the complainant but 
throughout the journey no AC was given.  On  18/07/2019 at 7.00  A.M.  the bus reached
Silchar.  When the complainant reached  home her both arms  started  severe itching.  On the
same day in the evening she saw redness and swelling on her  both arms. On the next day the
itching and redness became more severe.   On  20/07/2019  she consulted dermatologist  Dr.  A.
K.  Bhattacharjee  who prescribed her medicines.  The doctor also told the complainant that it
was a case of bug bite.  According to the complainant , the bus seats were kept in a very
unhygenic condition and  bugs were present in the bus seats.   As a result, the complainant 
suffered  inconvenience and  unnecessary harassment  for poor maintenance of the bus.  Under
about:blank 1/4
3/17/23, 9:05 PM Cause Title/Judgement-Entry

the circumstances the complainant has prayed for  passing an award of Rs.25,000/- towards
compensation  and for cost of the proceeding.

                                                 The  Opposite Party filed written statement and contested the
case  stating , interalia, that there is no cause or reason for the complainant,  that the complaint is
not maintainable in its present form and manner etc. etc.  The  O.P.  has denied the allegations
raised by the complainant.   It is stated that on the  date of occurrence there would have been
several other passengers in the bus but none  has come forward with any complaint either
regarding non-functioning of  AC  or regarding bug bite.  Further version of the  O.P. is that  had
there been  any such occurrence  the other passengers would have definitely  made complaint.
As such, according to the O.P. ,  the complaint is devoid of  any valid  cause  or  justification and
the same is liable to be dismissed. 

                                             In order to substantiate the facts stated in the complaint  petition the
complainant has submitted her evidence on affidavit and has also exhibited some documents. 
On the other hand, from the side of   O.P.  evidence on affidavit of  DW-1  has been submitted in
the case.  Both  parties have also submitted written argument.  Perused the entire evidence on
record.

                                        In her evidence the complainant has reiterated the same facts as stated
by her  in her complaint petition.  Version of the  complainant is that  on  17/07/2019  she
travelled   from Guwahati to Silchar in  Leyland A-C  seater-sleeper  Executive Luxury (2+1) 
night super  of the  O.P.  which started from Guwahati  ISBT   at  8.00   P.M.   It has been
alleged that though the bus was an AC bus  and  charge for  AC  was taken but throught the
journey no AC  facility was provided.  Further the seat which she booked was drenched and as a
result she could not seat properly.  According to  PW-1, the complainant,  on 18/07/2019 at 7.00 
A.M. the bus reached at Silchar and thereafter on reaching home she started  feeling  severe
itching on her both arms and by evening of the same day  redness and swellings became  visible 
on her both arms.  As claimed by PW-1, she consulted Dr. A. K.  Bhattacharjee who prescribed
her medicines and diagnosed that it  was a case of bug bite.  It has been alleged by PW-1 that
the  seats of the bus were kept in very unhygenic  condition and the bugs were present in the bus
seats.  PW-1 has also exhibited Ext.-1 the photocopy of online ticket,  Ext.-2  the photos  of both
arms of  PW-1 showing  redness  and  swelling  and Ext.-3  the prescription of  Dr.  Anup Kumar
Bhattacharjee.

                                    On  the other hand  in his  evidence  DW-1  has  denied the allegations
levelled by the complainant against the  O.P. Travel  Agency.   The evidence of DW-1 is that on
the date of alleged occurrence  there would have been several other passengers in the alleged
vehicle but none has come forward with any complaint or allegation regarding non-functioning
of AC or regarding any bug bite.  According to DW-1,  if there would have any such occurrence
as alleged by  PW-1 then the other passengers of the bus would have definitely made complaint. 
Further contention of DW-1 is that the  O.P.  firm is carrying passengers  for  last  three decades
and has earned name and fame.

                               From  Ext.-1  copy of bus ticket submitted by PW-1 , the complainant,  it
reveals that the said ticket is in respect of  AC bus of  the O.P. Tours &Travels  issued in the
name of the complainant  for going to Silchar from  Guwahati  and the date of journey  is 
17/07/2019.  However Ext.-1  ticket is not disputed and also it  has not been denied from the
side of O.P.  that  on the date of occurrence  in the alleged bus the complainant travelled from
Guwahati to Silchar.  PW-1 has averred that on the following day  morning after the bus reached
about:blank 2/4
3/17/23, 9:05 PM Cause Title/Judgement-Entry

Silchar she went to her home  and  started feeling  severe  itching  on her both arms and by the
evening she saw redness and swelling on her both arms.  Ext.-2  the photocopy submitted by the
PW-1  supports the said fact.  Further claim of PW-1 is that on the next day she consulted  Dr.
 A. K.  Bhattarcharjee, the  Dermotologist,  who prescribed her medicines  and  told that it was
caused due to bug bite. Ext.-3  the copy of prescription  submitted in the case  fully supports the 
said fact.  Now  the submission of the complainant is that  on the relevant night  the  bus seats
were kept in very unhygenic condition and bugs were present in the bus seat  and due to bug bite
she sustained said injuries.

                                        In order to counter the said claim of the complainant  the DW-1 in his
evidence as well as in their written argument the O.P.  side has denied that  on the relevant night
in the alleged bus the bus seats were kept in unhygenic condition and moreover  plea has been
taken that  on  that particular night  there were  other passengers travelling  on the alleged bus
 but nobody except the complainant had made any such complaint. Also it has been stated that
if  there  would  have been any such occurrence as claimed by the complainant  then definitely
the other passengers of the bus could have  made complaint.  But this plea of the O.P. side,
according to us, cannot discredit the claim of the complainant and  can not make her claim
unbelievable  when the exhibited medical reports  and photographs  substantiate the sustaining
of injuries due to bug bite.  On the other hand,  it cannot be presumed that the complainant being
a  responsible lady doctor would bring  a  case on false allegations against the Travel  Agency
only for getting some amount of compensation. Rather we find  that she  took trouble  in filing
the case  for  getting  legal remedy  of her grievances  unlike majority people of the present
society who are shy of  taking legal recourse for such  grievance.  There is also nothing in the
case record to show that the complainant had any previous  hostility with the  O.P.  However
the  O.P.  side has  taken the plea that  the complainant did not  disclose her discomfort  to the
driver or helper of the bus.  Also the allegations of the complainant  are that the AC of the bus
was non-functioning  though charge was taken  and  her allotted seat was drenched and as a
result she could not seat comfortably in the bus.  But  it is a fact that nowhere in the case record 
there is any whisper that the complainant reported  to the driver or helper about her discomfort
on sitting  in  her alloted bus seat and /or  about non-functioning  of the AC  of the bus . 
However  so far as the allegation regarding  sustaining  of bug bite injuries this  she felt only
after reaching home when severe itching started on her both arms. The presence of bugs on the 
bus and seats clearly substantiate the fact that the bus was kept in unhygenic condition.  The
O.P.  is legally bound to keep the bus and its seats in which the passengers are travelling in
hygenic condition and also each and every passenger is legally entitled to get that service .  The
complainant  being  passenger of the bus  is a consumer under the O.P.  and being so she has got
every right  to seek legal redress in this Consumer Commission  for any  grivance.  According to
the complainant she suffered bug bite in the bus and it caused much pain to her.

                                           In view of the  above discussions of the materials  available on record

we are of the considered opinion that the complainant is entitled to get relief in the case against
the O.Ps.   Accordingly, it is ordered that the O.Ps . will pay  an amount of Rs.15,000/- ( Rupees
fifteen thousand ) only to the complainant  being compensation for medical treatment including 
compensation for mental agony, pain and harassment.  In addition  the O.Ps. will pay an amount
of Rs.5,000/- (Rupees five thousand) to the complainant  towards cost of litigation.  The entire
amount shall be payable within  a period of 45(forty five) days failing which  interest @ 9% 
shall accrue on the entire amount from the date of this order till payment.

                                           With the above relief the case stands allowed on contest. 

about:blank 3/4
3/17/23, 9:05 PM Cause Title/Judgement-Entry

                                           Given under the hand and seal of this Commission on this 15th day
of  February’ 2022.
 
 
[HON'BLE MR. JUSTICE Sri Samarjit Dey]
PRESIDENT
 
 
[ Kamal Kumar Sarda]
MEMBER
 

about:blank 4/4