The District Consumer Disputes Redressal Commission-VIII (Central), Delhi, has held Capricorn Transport Services liable for deficiency in service after a bus hired for a marriage ceremony (Barat) broke down and failed to reach the destination on time. The Commission, presided over by President Divya Jyoti Jaipuriar and Member Dr. Rashmi Bansal, ordered the service provider to refund the advance payment and pay compensation for the “mental agony and social embarrassment” caused to the groom.
Background
The complainant, Kapil Kumar, booked a bus on October 25, 2022, for a journey from Delhi to Bulandshahr, Uttar Pradesh, scheduled for December 8, 2022, to transport his wedding procession. Out of an agreed consideration of ₹18,500, the complainant paid ₹14,000 in advance.
The complainant alleged that the bus, scheduled to depart at 2:30 PM, arrived only at 4:15 PM. Furthermore, he claimed that the driver was intoxicated, the bus was in poor condition with broken seats, and it was taken on an incorrect route via Jewar Toll. The bus eventually broke down at approximately 12:00 midnight, 58 km away from the destination. Consequently, the Barat reached the wedding venue at 3:00 AM, missing the scheduled time for marriage rituals.
Arguments by the Parties
The Opposite Party (OP2), Capricorn Transport Services, contended that the complaint was filed with mala fide intentions and argued that such a matter required detailed evidence suitable for a civil court. OP2 denied allegations of being late, claiming the delay was due to the complainant waiting for relatives.
Regarding the breakdown, OP2 submitted that the driver was following directions from the complainant’s relative who used Google Maps to navigate through a “pothole-ridden dirt road.” OP2 further stated that a mechanic was called immediately, but the complainant refused to wait. They also challenged the complainant’s claims of hiring alternative transport for ₹32,000, citing a lack of documentary evidence.
Court’s Analysis
The Commission dismissed the preliminary objection regarding jurisdiction, stating that the matter pertained to a “deficiency in service” under the Consumer Protection Act. It noted that the receipt of ₹14,000 was undisputed and that once the amount was accepted, the “contract stood concluded.”
The Commission observed that the service provider failed to substantiate that the bus arrived on time or to demonstrate that contingency arrangements were made after the midnight breakdown. The bench noted:
“The failure to provide timely service and absence of contingency arrangements after breakdown clearly reflect deficiency in service on the part of the OP2.”
On the social impact of the delay, the Commission stated:
“A marriage ceremony is a time-bound event, and delay in arrival of the Barat causes inconvenience not only to the complainant but to both families and guests, resulting in embarrassment, distress, and loss of dignity in a social setting.”
While the Commission found deficiency in service regarding the delay and breakdown, it ruled that the complainant failed to prove allegations regarding the driver’s intoxication or the poor physical condition of the bus. Additionally, claims for the cost of alternative transport were denied due to lack of receipts.
Decision
The Commission cited the Hon’ble Supreme Court’s rulings in Ghaziabad Development Authority v. Balbir Singh and Charan Singh v. Healing Touch Hospital, emphasizing that compensation must be “just, reasonable, and commensurate with the loss and injury suffered.”
The Commission directed the Opposite Party (OP2) to:
- Refund ₹14,000 with interest @ 6% per annum from December 8, 2022.
- Pay ₹50,000 as compensation for mental agony, harassment, and social embarrassment.
The order stipulated that the directions be complied with within 30 days, failing which the total amount of ₹64,000 would carry an interest rate of 9% per annum.
Case Details
- Case Title: Kapil Kumar Vs. Lakshmi Tourist Corp. & Anr.
- Case No.: DC/77/CC/122/2024
- Bench: Divya Jyoti Jaipuriar (President), Dr. Rashmi Bansal (Member)
- Date: 05.05.2026
