Shimla District Commission Holds U.P. State Road Transport Corporation Liable For Sudden Cancellation Of Bus Ticket And Delayed Refund, Awards Rs. 6k Compensation

The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench comprising Dr Baldev Singh (President), Yogita Dutta (Member) and Jagdev Singh Raitka (Member) held Uttar Pradesh Road Transport Corporation liable for deficiency in service for sudden cancellation of bus ticket of the aggrieved passenger and his family. The Transport Corporation not only failed to make alternative arrangements but also delayed the refund process for almost 3 months.

Brief Facts: 

Durgesh Kanchan (“Complainant”) had booked tickets online for a Uttar Pradesh State Road Transport Corporation (“Transport Corporation) bus for himself and three family members for a journey from Lucknow to Delhi on April 16, 2022, with a total consideration of Rs. 5,676. Upon reaching the boarding point at the Alambagh bus stand, they were informed that their tickets had been cancelled without any prior notification or reason. This forced the complainant to make alternative travel arrangements. Subsequently, the complainant filed a complaint for a refund, which was only granted after nearly three months and without any interest. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh).

The complainant contended that the cancellation of their tickets without prior notice, coupled with the delayed refund, amounted to both a deficiency in service and an unfair trade practice on the part of the Uttar Pradesh State Road Transport Corporation. They sought compensation of Rs. 1,00,000/- per person, interest on the delayed refund, and litigation costs amounting to Rs. 0.95 lakh.

Upon admission of the complaint, notice was served to the General Manager of the Transport Corporation but he didn’t appear, therefore, the District Commission decided to proceed ex parte. 

Observations by the Commission:

The District Commission noted that the sudden cancellation forced the complainant to make alternative travel arrangements, resulting in mental harassment and inconvenience for both the complainant and their family. Furthermore, the District Commission took note of the delay in the refund process, which lasted almost three months and lacked any provided justification from the Transport Corporation. 

Given the uncontested nature of the case and the compelling evidence presented by the complainant, the District Commission ruled in his favour. It noted that the actions of the Transport Corporation constituted a deficiency in service and an unfair trade practice. Consequently, the District Commission ordered the General Manager of the Transport Corporation to pay a lump-sum compensation of Rs. 6,000/- to the complainant for the suffering faced him, including the delayed refund, the mental harassment endured, and the litigation costs incurred. 

Case Title: Durgesh Kanchan vs General Manager Uttar Pradesh State Road Transport Corporation

Case No.: CC/70/2023

Advocate for the Complainant: Sukh Dev Sharma 

Advocate for the Respondent: None (Ex-Parte)

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