BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
Sri R.Ramachandra Reddy B.Com., LL.B., Member
Friday the 19th day of May, 2006
C.C.No.26/2006
B.Murali Manohar, S/o K.B.Naganna, Aged about 43 years, Advocate,
R/o D.No.39-7-D-10, K.V.R. Gardens, Osmania College Road,
Kurnool.
. . . Complainant
-Vs-
1. The Depot Manager, APSRTC,
Nandikotkur Depot, Kurnool District.
2. The Managing Director-cum-Vice Chairman,
APSRTC, Musheerabad, Hyderabad.
. . . Opposite parties
This complaint coming on this day for Orders in the presence of Sri Y.Jayaraju, Advocate, Kurnool for complainant and opposite parties No.1 and 2 called absent set exparte, and stood over for consideration till this day the Forum made the following.
O R D E R
(As per Sri.R.Ramachandra Reddy, Hon’ble Member)
1. This Consumer Dispute case of the complainant is filed under C.P. Act of 1986, seeking a direction on the opposite parties to reimburse the excess fare collected by them from him to pay a damages of Rs.10,000/- and costs of the case.
2. The brief facts of the complainant’s case are that, the complainant on 10-1-2006 at about 6.30PM boarded the APSRTC bus bearing No.AP11Z 536 belonging to the depot of opposite party No.1 and owned by opposite party No.2 in order to come to Kurnool from Hyderabad. The usual fare for ordinary or luxury bus is Rs.82/-, for High-Tech Bus with DVD system and push back seats and other comforts is Rs.111/- from Kurnool to Hyderabad and vice versa. The said bus is a luxury RTC bus and he boarded the said bus at Imliben Bus station at Hyderabad. Neither the conductor nor its driver disclosed at the time of boarding by passengers that it was a special bus nor there was any display of the board to that effect. After passing about 5 Kms in the outskirts of the city, the conductor started issuing tickets and when he gave Rs.100/- as fare in only Rs.82/- then the conductor revealed that the bus is a special bus and the fare is Rs.124/- which is more than the fare of a High Tech Bus. He himself and other co-passengers were shocked to know that it was a special bus which is without any amenities. But he and other passengers have no other go except to pay the higher fare as we cannot get down the bus in the mid-way and were forced to continue our journey by paying Rs.124/- as demanded by the conductor of the said bus of opposite party No.1’s depot. Further in ordinary course any ordinary or luxury bus will take 4 to 4 ½ to reach Kurnool from Hyderabad and vice-versa. The said bus drafted by the opposite party No.1 at the instance of opposite party No.2 which was in worst condition mechanically and otherwise also took more than 6 hours and reached Kurnool city bus station at about 12.30 mid-night subjecting him and other passengers to immense hardship, physical strain and mental agony. The bus was not having windows properly and as a result he suffered with cold due to severe cool breeze. When he demanded the conductor of the bus to give complaint book so that he could large his protest and demand damages but the conductor refused to give it stating that he had no instructions to do so nor as any such complaint book. Having subject to severe physical strain and mental hardship he was forced to not to attend his work for about 3 days and underwent treatment for body pains and severe cold and spent Rs.3,000/- for treatment. Thus, the opposite parties having collected higher fare for an ordinary / luxury bus without having basic amenities under the guise of special bus, without disclosing or displaying it in advance and induced him to travel by that bus and subjected him to severe hardship which amounts deficiency of service and sheer indifference and negligence shown by the opposite parties and their staff of the said bus in giving incorrect information, providing facilities in consummrate with the fare collected by them, in the bus is nothing but abdicating their responsibility of giving fair and proper service to the passengers. For the said conduct of the opposite parties he approached this Hon’ble Forum for the redressal of the said deficiency of services.
3. In pursuance of the receipt of the notice of this Forum as to this case of the complainant the opposite parties neither appeared before the Forum nor the contested the case of the complainant filing any written version with any defense and there by remained exparte.
4. While such is so with the opposite parties, the complainant in substantiation of its case relied upon the documentary record in Ex.A1 and third party affidavit besides to his sworn affidavit in reiteration of the complaint averments.
5. Hence, the point for consideration is whether the complainant has made out the alleged deficiency of service in the conduct of the opposite parties towards him entitling him for the reliefs sought?
6. The Ex.A1 is containing three tickets issued by the opposite party No.1 to the complainant i.e. 1) 031 650667 for Rs.100/- 2) 807 283546 for Rs.20/- 3) 090 044278 for Rs.4/-, in total Rs.124/-. In support of the complaint averments of the complainant in toto one Sri.K.Surya Prakasa Rao S/o K.Madhava Rao, aged about 50 years working as Manager, State Bank of India, Bazar Branch, Kurnool has given his sworn affidavit who traveled along with the complainant on 10-1-2006 and boarded the same bus i.e. AP11Z 536 at 6.30 PM of the opposite party No.1 at Hyderabad and mentioned the three ticket numbers issued by the conductor of opposite party No.1 i.e. 1) 031- 650681 for Rs.100/- 2) 807-283560 for Rs.20/- 3) 090- 044292 for Rs.4/-, in total Rs.124/-.
7. As the deficit conduct of the opposite parties in adjudication of the complainant’s claim is remaining established by their conduct of collecting the extra amount of Rs.42/- (Rs.124/ - Rs.82/-) and their attitude even inspite of receipt of the notice from this Forum they neither appeared nor contested the case and in that circumstances, the approach of the complainant to this Forum for redressal of his grievance is remaining bonafide and justifiable as the liability of the opposite parties for the claim of the complainant arising out of their sheer in difference and negligence subjected the complainant to severe hardship and causing mental agony at their conduct in the circumstances of the case.
8. Consequently, the complaint is allowed directing the opposite parties jointly and severally to pay to the complainant the collected extra amount of Rs.42/- towards ticket cost, to pay Rs.5,000/- towards compensation for the mental agony and to pay Rs.500/- towards costs of this case and the opposite parties is granted one month time for the compliance of this order. In default, the opposite parties shall pay the supra stated award amount with 12% interest per annum from the date of said default till the date of realization.
Dictated to the stenographer, transcribed by him, corrected and pronounced by us in the Open Forum on this the 19th day of May 2006.
PRESIDENT MEMBER
APPENDIX OF EVIEDNECE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
List of exhibits marked for the complainant:
Ex.A1 Bus ticket numbers 1) 031 650667 for Rs.100/- 2) 807 283546 for
Rs.20/- 3) 090 044278 for Rs.4/-
List of exhibits marked for the opposite parties: Nil
PRESIDENT MEMBER
Copy to:
1.Sri Y.Jayaraju, Advocate, Kurnool
1. The Depot Manager, APSRTC, Nandikotkur Depot, Kurnool District.
2. The Managing Director-cum-Vice Chairman, APSRTC, Musheerabad,
Hyderabad.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
