Date of Filing : 01.08.2012

  Date of Order : 15.12.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 15^th DECEMBER 2012

PRESENT

Sri. J.N. HAVANUR, B.Sc., LLB (SPL)             …….                PRESIDENT

Smt. K.G.SHANTALA, B.A., LLB                     ……..     MEMBER

CC No. 90 / 2012

Sri. S.H. Chowdappa,

S/o. Late Hanumanthappa,

Aged about 33 years,

Seesandra Village, Huthur Hobli,

Kolar Taluk.                                                            ……. Complainant

V/s.

The Divisional Controller,

K.S.R.T.C., Kolar Division,

Kolar.                                                                   …… Opposite Party

ORDER

By Smt. K.G. SHANTALA, MEMBER

The Complainant has filed this Complaint seeking direction against the OP to refund of Ticket Pass fares and Rs.10,000/- as compensation for the injustice caused i.e., Rs.10,130/- and interest @ 24% P.A. from the date of filing the complaint till the date of payment.  The case of the Complainant is that:

The Complainant is resident of Seesandra Village situated in Kolar Taluk and working as a Resource person.  He imparts training to Gram Panchayat members and staff members.  His vocation demands him to travel from his Village to Kolar – Bangalore and to other places within the State.  Likewise, on 22.01.2012 for official duty, in order to travel to Bangalore, he purchased daily bus pass at Kolar from OP bearing No. KLB 0198245 and the said Bus Pass bore tick mark on 22^nd.  Having purchased the said Bus Pass, he travelled to Bangalore utilizing the Bus Pass.  While travelling, the Bus Pass was marked against the column “Kolar”.  Having finished his official duty around 5.00 PM, he got into Bus bearing No. KA-07/F-1518 belonging to Kolar Division, Srinivasapura Depot, the Bus conductor examined the Complainant’s Bus Pass, marked against “Bangalore” and returned the Pass.  When the said Bus had plied about 10 KMs from Bangalore, the Bus Conductor asked to verify the complainant’s Bus-Pass again.  The conductor then raised objection and said that the said Bus Pass was purchased on 02.01.2012 and therefore was invalid as on 22.01.2012.  He urged the Complainant to purchase fresh ticket and threatened to push the Complainant out of the Bus if he failed to do so.  The Complainant was humiliated and threatened in front of all the passengers.  By then, the Bus had reached satellite Bus Station.  The T.C. at the said Bus Stand also tried to hold his neck and push the Complainant out of the bus.  When the Complainant refused to buy a new ticket, the Conductor abused him in filthy language.  After being harassed mentally, the Complainant purchased new Ticket by paying Rs.46.00.  The Complainant gave a written complaint to OP regarding the incident that took place on 22.01.2012 but got no relief from OP.  On 23.01.2012, he invoked RTI seeking the following particulars:

(i)      The number of daily bus passes sold at Kolar Bus Stand for Kolar-Bangalore journey on 22.01.2012

(ii)      The numerical digits of the daily bus passes sold on 22.01.2012

(iii)     The total money collection from sale of daily bus passes on 22.01.2012

(iv)     The full details of the staff who sold daily bus passes on 22.01.2012

The Complainant received reply to his RTI application on 06.03.2012.  The list of bus passes sold on 22.01.2012 did not include the complaint’s bus pass number.  Therefore, on 16.03.2012, he gave another application under RTI seeking the exact date on which bus pass No. KLR 0198245 was sold and the details of the staff who sold the said bus pass.  On 30.04.2012 received reply from OP that the said Pass KLR 0198245 was sold on 25.01.2012 and staff who sold was Sri. Venkataramanappa bearing K.C. No. 1061. The Complainant realized that by oversight he had wrongly mentioned the bus pass No. as KLR 0198245 instead of KLB 0198245.  Therefore, he gave another application on 24.05.2012 to OP seeking the same particulars for bus pass bearing No. KLB 0198245.  On 30.04.2012, the Complainant received reply that the earlier reply given by OP dtd. 06.03.2012 holds good for Bus Pass bearing No. KLB 0198245 in all other respect. Hence the present Complaint.

2.       On being served with notice, the OP appeared and filed version.  The OP has out-rightly denied all the allegations made in the Complaint.  OP has also denied that the bus passes were sold by the OP on the alleged date denying any deficiency on the part of the OP and sought for dismissal of the complaint with exemplary costs.  The OP has contended that in respect of bus pass bearing No. KLB 0198245 produced by the Complainant the sale proceeds of the said pass has been deposited to the Divisional Office, KSRTC on 25.01.2012.  The OP has contended further that the complainant in this case had earlier filed CC 56/2011 against the OP where this complainant has signed in the Kannada language.  The OP has contended that the value of Bus Pass is not Rs.85/-, but Rs.105/-.  On the contrary, OP has made serious accusation against the complainant of offences under the following Sections of IPC

The OP has also contended that there are tick marks found on “02” and also on “22” for the month of Jan. 2012 which has created the doubt, genuineness and suspicion of the said Pass.  So the complaint of the Complainant be dismissed with costs.

3.       The points arise for our consideration are as under:

(i)      Whether the Complainant proves deficiency of service on the part of OP?

(ii)      If so, what relief the Complainant is entitled to?

(iii)     What order ?

4.       Our findings on the above points are as under:

(i)                Affirmative

(ii)      As per final Order

          (iii)     As per final Order

REASONS

5.       Point No. (i) - On perusal of the document No. 1, no doubt there is tick mark on 2^nd & 22^nd Jan. 2012, but the ink and pen used for all the tick marks is one and the same.  There is no variation whatsoever. The document produced by the OP to prove that the same complainant had filed complaint earlier against the OP is not of any help to the OP.  The documents produced by the Complainant along with his affidavit contradict the version of OP.  The Complainant Chowdappa in CC No. 56/2011 and the Complainant herein are not one and the same as contended by OP, but two different persons whose age, father’s name photographs vary.  Therefore, the contention of OP that the complainant had signed in Kannada language in CC No. 56/2011 whereas on the bus pass i.e., documents No. 1 the Complainant has signed in English is of no consequence whatsoever.

6.       The OP’s other contention is with regard to the value of bus pass.  The bus pass itself bears the seal of renewed rate as Rs.105/-. 

7.       The OP being custodian of all the relevant documents could have produced the list of bus passes sold on 02.01.2012 and if the list included bus pass bearing No. KLB 0198245 was produced, then that would have proved the malafide intention of the Complainant.  It is relevant to note that there is wide gap of 20 days between 2^nd Jan and 22^nd Jan 2012 to even hint that there was misuse of bus pass purchased on the earlier date. If there was any discrepancy in the bus pass, it could not have escaped the scrutiny by the Bus Conductor when the Complainant travelled from Kolar to Bangalore.  Even on the return journey, there is tick mark indicating that it was scrutinized by the Bus Conductor.  The Conductor ought to have immediately raised objection regarding the genuineness of the Bus Pass.  The tick mark made by the Conductor indicates his approval of the Bus Pass.  Raising objection regarding the genuineness of the Bus Pass after travelling 10 KMs from Bangalore and pressuring the Complainant to buy a new ticket for Rs.46/- and threatening to throw him off the Bus and similar conduct by the Ticket Collector at Satellite Bus Station is one of the high handedness.  The authorities ought to have seized the Bus Pass and made thorough enquiry with their staff members.  The OP Conductor has not acted with care and caution that the situation demanded, but has unnecessarily humiliated the complainant who was carrying valid Bus pass.  The humiliation meted out to the Complainant in threatening and compelling the Complainant to buy Ticket for Rs.46/- in spite of carrying a Bus Pass itself amounts to deficiency of service as the Complainant as consumer was made to pay in excess of the fixed bus fare of Rs.105/-.  So, looking to the material evidence of both the parties, we are of the considered opinion that the Complainant has proved this point satisfactorily by placing convincing evidence and accordingly we answer this point in the affirmative.

8.       Point No. (ii) - Since Point No. 1 is answered in the affirmative, we proceed to pass the following Order:  

ORDER

The Complaint is allowed in part.

The OP shall pay Rs.46/- i.e., cost of Bus Ticket, Rs.1,500/- as compensation and legal expense of Rs.1,000/- within 30 days from the date of this Order failing which OP is liable to pay interest @ 9% on Rs.1,546/- from the date of Order till the date of payment.

Supply free copy of the Order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 15^th day of December 2012)

K.G.SHANTALA                                   J.N. HAVANUR

        Member                                       President

SSS