DISTRICT FORUM :: KADAPA Y.S.R DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC
SRI M.V.R. SHARMA, MEMBER.
Saturday, 15th February 2014
CONSUMER COMPLAINT No. 43/ 2013
D. Samrajalakshmi, 38 years,
W/o D. Krishna Rao, D.No. 42/525, (Upstair),
M.J. Kunta, Near Sivalayam,
Bhagyanagar colony, Kadapa. ….. Complainant.
Vs.
1. Depot Manager,
Kadapa Depot, A.P.S.R.T.C, Kadapa.
2. The Regional Manager, A.P.S.R.T.C
Kadapa. ….. Respondents.
This complaint coming on this day for final hearing on 12-02-2014 in the presence of complainant as in person and Sri A. Rajasekhar, Advocate for R1 & R2 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, President FAC),
1. Complaint filed under section 12 of the C.P. Act 1986.
2. The brief facts of the complaint are as follows:- The complainant along with her daughter reserved two tickets from Kadapa to Bangalore and return tickets from Bangalore to Kadapa at APSRTC Kadapa Bus depot on 21-5-2013. The tickets to go to Bangalore on 25-3-2013 bearing Bus No. MD 79500 and MD 79501 and on return tickets dt. 01-6-2013 MD 79502 and MD 79503 in return journey of the complainant at about 10.40 p.m the bus bearing No. AP 29 Z : 682 with service No. 6007 departure from Bangalore to reach Kadapa. The bus brokedown at Hosakote at 11.15 p.m when asked the driver and conductor about the breakdown of the bus they said that there was very minor repair to the bus. The conductor absconded from the spot with money and ticket box without responsibility of the passengers. The driver B.V. Ramana also said that the bus had given trouble while going to Bangalore from Kadapa also. The driver did not informed the brokedown of the bus to the control room and they least bothered about difficulties of the passengers. The driver did not felt any responsibility about the passengers in the mid night. The bus was stopped in the middle of road and there is many chances to occur accident. There is no tool kit in the bus and many of the passengers called the D.M. The incharge Badvel D.M. not responded properly. The complainant stayed in mid night on the road up to 3.00 a.m as it is too dark, the children and ladies faced very inconvenience due to brokedown of the bus. There is no safety and security to the lives of passengers. The complainant’s daughter was very much afraid. The driver told that alternative bus will arrive by 3.00 a.m but the alterative bus arrived by 5.35 a.m and it was reached Kadapa by 11.35 a.m. it clearly shows that there is lot of deficiency of service on the part of APSRTC and there is lot of negligence on the part of APSRTC. The APSRTC authorities had no humanity at all.
3. As there is negligence and deficiency of service on the part of APSRTC myself and my daughter felt much mental agony and inconvenient. Therefore, I prayed this Hon’ble forum to pay Rs. 2,00,000/- towards mental agony, Rs. 3,000/- towards cost of the complaint from the respondents.
4. The R2 filed a counter adopted by R1 with a memo. The complaint is unjust and not maintainable in law or on facts. The complaint is put to strict proof of all allegations made in the complaint which are not expressly admitted herein.
5. The allegations that the complaint and others boarded the bus bearing No. AP 29 Z : 382 bearing service No. 6007 and that the bus stopped after coming to Hosakote is true. The bus was stopped due to electrical system failure and it was not there when the bus started at Bangalore and it suddenly occurred when the bus reached near Hosakote which is about 60 Kms from Majestic bus stop till then it was alright and so there is no negligence on the part of driver of the bus and the driver of the bus verified with the electrician when he started the bus and it was fine then and as there was electric system failure which can be rectified only be an electrician and the conductor of the bus has gone to bus stand to see whether there are any buses available for sending the passengers to their destination and the driver of the bus asked the passenger to board the buses which ply via Kadapa but the passengers did not board the buses as they were full as the day was Saturday on which the bus stopped due to electrical system failure.
6. There is no spare buses at Bangalore as the buses which go in the morning from A.P. will return back to A.P. by night and the buses which go to Bangalore at Night will return to their destination (place from which they start) in the morning only. So if any trouble is caused to bus then another bus has to be sent from the depot concerned and in the instant case the bus belonged to Kadapa depot and so a spare bus was sent by depot manager to Bagalore at 11.50 p.m and it reached Bangalore at 5.15 a.m and the passengers were asked to board the bus and it reached destination on Sunday at 11.15 a.m buses of other states have to go back to their respective states by night and only KSRTC buses will stay in the bus stop at Bangalore. So there is no negligence either on the part of depot manager in not sending spare bus immediately and on the part of driver who has made his best efforts and asked the passengers to board the buses which ply via Kadapa but as the passengers refused to board the bus he was unable to do anything and he was with the passengers till another bus was sent to Bangalore from Kadapa. Further in Karnataka state no other state buses will stay and all the other state buses other than KSRTC have to go back to their places by night. The allegations that the driver of the bus did not check the bus while it was coming to Kadapa from Bangalore is a false and baseless allegations. After checking the bus only the driver of the bus will board the bus and take the passengers and if it is not in a fit condition he will ask the passengers to get down and board another bus. In the instant case also the driver checked the bus but as he is not an electrician he cannot do anything with electric system failure.
7. The APSRTC depot Manager and the driver and conductor tried their level best to see that the passengers should not suffer and as stated supra the driver of the bus asked the passengers to board other buses plying via Kadapa but they did not board the same. Therefore, prayed that the Hon’ble Forum may be pleased to dismiss the complaint against the respondent in the interest of justice.
8. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is entitled to the relief as prayed for?
ii. Whether there is negligence or deficiency of service on the part of there Respondents?
iii. To what relief?
9. On behalf of the complainant Ex. A1 to A4 were marked.
10. Point Nos. 1 & 2. It is true that the complaint purchased four tickets for to and fro from Kadapa to Bangalore and Bangalore to Kadapa under Ex. A1 & A2 on 21-5-2013. It is true that the bus breakdown at Hosaket due to electric problem. In the mid night the bus stopped at Hosaket by 11.15 a.m as per the averments of the complaint the driver and conductor did not felt any responsibility about the safety and security of the passengers of APSRTC. They did not made any effort to send the passengers to nearest bus depot. As the APSRTC is depending on the transport of passengers from one place to place it should be very loyal to the passengers. But here it was not found that when the passengers called D.M. Kadapa and he was also not responded properly. It is very difficult to the ladies and children to stay on the road in the mid night. There will be no safety and security for lives. So all the averments of the complaint clearly shows that there is gross negligence and deficiency of service on the part of the respondents 1 & 2. So it clearly proves that there is negligence and deficiency of service on behalf of the respodnents 1 & 2. Ex. A3 and Ex. A4 are paper cuttings filed by the complaint clearly shows that the incident was occurred in the mid night. So the complainant is eligible for compensation as prayed by her.
11. Point No. 3 In the result, the complaint is allowed. Directing the Respondents 1 & 2 jointly and severally liable to pay Rs. 5,000/- (Rupees five thousand only) towards deficiency of service, negligence and mental agony of the complainant, Rs. 2,000/- (Rupees Two thousand only) towards costs of the complaint. Respondents 1 & 2 are jointly and severally liable to pay Rs. 7,000/- (Rupees Seven Thousands only) in total to the complainant within 45 days of date of receipt of orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 15th February 2014
MEMBER PRESIDENT FAC
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondents : NIL
Exhibits marked for Complainant : -
Ex. A1 2 Nos original tickets issued by the APSRTC tickets No. MD 79501 & another ticket No. MD 79500 from Kadapa to Bangalore.
Ex. A2 2 Nos original tickets issued by the APSRTC tickets No. MD 79503 & another ticket No. MD 79502 from Bangalore to Kadapa.
Ex. A3 Publish Sakshi News Paper dt. 3-6-2013.
Ex. A4 Publish Eenadu News paper dt. 3-6-2013.
Exhibits marked for Respondents : - NIL
MEMBER PRESIDENT FAC
Copy to :-
1) D. Samrajalakshmi, 38 years, W/o D. Krishna Rao, D.No. 42/525, (Upstair), M.J. Kunta, Near Sivalayam, Bhagyanagar colony, Kadapa
2) Sri A. Rajesekhar, Advocate for respondents.
B.V.P.
