This case is coming for final hearing on 03.09.2014 in the presence of Sri S.Eswara Rao Advocate for the Complainant and of Sri U.satyanarayana Advocate for Opposite Parties and having stood over till this date, the Forum delivered the following:

: O R D E R :

(As per Smt. K.V.R.Maheswari, Honourable President(FAC) on behalf of the Bench)

1.     The case of the Complainants is that the Opposite parties introduced and running “Vennela Air Conditioned Sleeper Bus” from “Visakhapatnam to Hyderabad” as daily service.  The Complainants with a fond hope and confidence on Opposite parties they reserved tickets for Vennela Air Conditioned Sleeper service to travel on 08.06.2012 from Visakhapatnam to Hyderabad and the Opposite parties issued reservation ticket bearing No.11321868 and Service No.3394/VSP-JBS and allotted seat No.U8 & L8 and for that the Complainants paid Rs.2,996/- including basic fare, reservation fee and toll fees.  The Complainants believed on the service of Opposite parties boarded at Visakhapatnam at 19-00hrs as schedule time mentioned in the ticket, accordingly, bus started at Visakhapatnam and Complainants occupied their allotted seats and when the bus reached Anakapalli all the passengers including Complainants noticed the malfunction of Air condition in the bus and the same was informed to the driver, in the meanwhile it reached Yelamanchili where functioning of the air conditioned unit in the bus was completely stopped.  Then all the passengers demanded the driver to rectify the same, then, the driver requested the passengers that he had already informed the problem to the higher authorities, they will arrange another bus at Rajahmundry.  Even after reaching Rajahmundry, the Opposite parties failed to provide alternate arrangement as promised by the driver and did not take any measure to rectify the problem of air condition. 

2.     The Complainants stated that all the passengers including Complainants travel the entire journey without air condition from Anakapalli to Hyderabad in end of the summer, because of non function of air condition the Complainants did not slept entire night and hospitalized in the next day morning when they reached Hyderabad for that they spent amounts and failed to complete the schedule works which were planned before journey, even after investing huge amounts for reservation and accommodation due to problem caused by the Opposite parties.  The Complainants stated that when they reached the Hyderabad they demanded to return back the excess fare after deducting the ordinary sleeper fare from Visakhapatnam to Hyderabad. The Opposite parties orally agreed to return back the amounts through cheque even though the Opposite parties assured to send cheque to the Complainants, the Complainants sent a request letter as assured by the Opposite parties at Hyderabad with complete postal address to Opposite parities on 09.06.2012 and 03.07.2012, but the Opposite parties did not intimate anything about the refund of ticket fare.  Then, the Complainants approached and requested the Opposite parties many times, but they are postponing the issue.  These acts of non-refund of the balance reservation fare and failure in providing air condition bus and non-rectification of problem in air condition unit these are all comes to deficiency in service on the part of the Opposite parties and Complainants suffered a lot mentally and physically.  The Complainants issued a registered lawyer’s notice dated 24.05.2013 to the Opposite parties and the same were received by them, but the Opposite parties neither paid any amount nor send any reply.  Hence, this complaint to direct the Opposite parties;

a) to refund the reservation amount charged for air conditioned sleeper bus service after deducting the ordinary bus fare along with 24% p.a. from 07.06.2012.

b) to pay Rs.1,00,000/- towards compensation besides costs.

3.     On the other hand, the 1^st and 2^nd Opposite parties filed their counter and admitted about the introduction of Vennela Air Condition Sleeper bus service from Hyderabad to Visakhapatnam as daily service and pleaded that they are always giving safest and comfortable journey to the passengers except inevitable and unavoidable circumstances, however they are following rules and regulations.  The Opposite parties also admitted about the travel date of the Complainants on 08.06.2012 from Visakhapatnam to Hyderabad and also about the reservation ticket Number, service number and seat numbers and for that the payment made by the Complainants is Rs.2,996/-, but denied the other allegations and pleaded that as per the consent of passengers only the driver reached the bus to Hyderabad with an intention to serve the purpose of journey even under pressure.  The Opposite parties stated that they informed to all the passengers that after thoroughly enquired into the matter, they will decide to arrange the difference fare amount from air condition to non-air condition.  The Opposite parties requested orally as and when their enquiry will be completed, they will issue cheques for the difference fare amount, but the Complainants did not co-operated and demanded huge money with interest which is not permissible under law since RTC has not been doing business, but it has been carrying their services for the useful of general public even though they are going in heavy losses.

4.     The Opposite parties offered the complainants to receive the difference fare amount for two tickets i.e., Rs.1,892/- but the Complainants and their counsel also refused to take those cheques and hence there is no deficiency of service on the part of the Opposite parties since it is a largest corporate body and it is mandatory to comply all formalities to comply any grievance in substantial manner, without understanding the nature and circumstances and without giving any opportunity to the Opposite parties, the Complainants filed this complaint.  Hence this complaint is to be dismissed. 

5.     At the time of enquiry, the Complainants filed evidence affidavit along with documents which are marked as Exhibits A1 to A5.  On the other hand, the Opposite parties filed counter and evidence affidavit and Ex.B1 is marked.   Written Arguments were also filed by both the parties.  Both counsels were represented no oral arguments and may be treated it heard.

6.     In view of the respective contentions, the point that would arise for determination is:-

Whether there is any deficiency in service on the part of the opposite parties, if so can the complainants entitle for the reliefs prayed for?

7.     As per Ex.A1 i.e., reservation ticket issued by the Opposite parties on 08.06.2012 after collecting an amount of Rs.2996/- to both the Complainants under Vennela Sleeper service category from Visakhapatnam to Hyderabad is not in dispute.  After that as per the contention by the Complainants, the Air Conditioner in that bus was not functioning and the driver promised that he will arrange another bus at Rajahmundry, but even after arrival to Rajahmundry the Opposite parties failed to provide alternate arrangement and also not rectified the problem in air condition unit and the Complainants suffered in peak summer because of non functioning of air condition and they did not sleep throughout night and hospitalized in the next day morning, hence they cannot complete the schedule works in time.  The Complainants issued a letter to the Opposite parties on 09.06.2012 i.e., Ex.A2 mentioning the problem faced by them because of non functioning of AC in bus and also request regarding the refund of amount, there in that Ex.A2 the Forum found that there is a signature of bus conductor and Ex.A2 was addressed to the Depot Manager, APSRTC, Visakhapatnam.  Ex.A3 is the reminder letter issued by the Complainants to the Opposite parties regarding the request for necessary action for payment of compensation as promised by the Opposite parties to the Complainants.  Ex.A4 is the registered Lawyer’s notice dated 25.04.2013 issued by the Complainants to the Opposite parties and Ex.A5 is the postal acknowledgment received from the Opposite party NO.1. 

8.     The version of the Opposite parties is that they are admitted about the reservation of tickets and ticket fare and the date of journey.  But pleaded that their service is not for a business motto and they are giving safest and comfortable journey to the passengers except unavoidable circumstances.  Only with the consent of the passengers, the Opposite parties driver drive the bus up to Hyderabad and they promised all the passengers that they will arrange the difference fare amount.  More over the Opposite parities after enquiry refund the difference amount in air condition and non air condition and requested the Complainants to receive the difference fare amount of two tickets i.e., Rs.1,892/- by way of cheque i.e., Ex.B1, but the Complainants refused to do so.  The Forum observed that the date of cheque is 16.11.2013 which was filed along with counter and the counter filed by the Opposite party is on 24.03.2014.  There is no proof filed by Opposite party, regarding offering of cheque for Rs.1,892/- to the Complainant prior to filing the counter and the date of filing the complaint is 24.06.2013, hence the Opposite parties come forward to pay the amount after nine months of filing the complaint and more over it is to be noted that the date of journey is 08.06.2012 but the Complainant waited more than one year to file the Complaint against the Opposite parties, but all this time the Opposite parties not come forward to settle the issue and Opposite party took nearly 1 ½ year time to offer cheque to complainant.

9.     More over, because of nonfunctioning of the air condition even after spending so much amount and to have a comfortable journey the Complainants cannot travel according to the assurance given by the opposite parties in peak summer.  The Complainants also approached for refund of difference bus fare amount, but the Opposite parties not come forward to settle the issue within time, there  is so much delay in settling the issue, nearly after 1 ½ year the Opposite parties come with a cheque for an amount of Rs.1892/-, it clearly shows deficiency in service on the part of the Opposite parities being a Government organization, the Opposite parties have to take care of the passengers and for their facilities. 

10.    Even after issuance of letters by the Complainants there is no reply from the Opposite parties, if we assume for a moment that the Opposite parities are in thorough enquiry regarding the arrangement of difference fare amount, it will not take time nearly for 1 ½ year to decide the matter.  Hence there is no doubt that the Complainants suffered a lot because of non-settlement of ticket fare, as well as inconvenience faced by them during the journey period.  As such, the Opposite parties are liable to pay the difference amount of the bus fare.  Here it is to be noted that when the Opposite parties filed their counter, there they mentioned about the difference of ticket fare is Rs.1892/-, for that amount, the Opposite parties are also prepared cheque, but the Complainants refused to take, the Complainants in their written arguments not denied about the figure of difference amount i.e., Rs.1892/- hence, the Forum is of the view that as per the terms and regulations of the Opposite parties APSRTC the difference amount is Rs.1892/- hence, the Opposite parties are liable to pay that amount to the Complainants with 9% interest from 03.07.2012. To settle the issue 20 days are enough to Opposite party, hence, we allow interest from the date of 2^nd correspondence made by the Complainants.

11.    There is no doubt that the Complainants suffered mentally because of inconvenient journey even after payment made by them to comfortable journey and more over, even after so many reminders and requests made by the Complainants, the Opposite parties not come forward to settle the issue which clearly shows deficiency in service on their part and causes mental agony and financial hardship to the complainants, hence allowing Rs.5,000/- towards compensation is just and proper.

        Accordingly, this point is answered.

12.    In the result, the Complaint is allowed directing the Opposite parties to pay Rs.1,892/- with interest at 9% p.a. from 03.07.2012 to the Complainants within three months, failing which to pay the same with 12% p.a. interest till the date of realization.  The Opposite parties further directed to pay Rs.5,000/- towards compensation besides costs of Rs.1,000/-.

Dictated to the Shorthand Writer, transcribed by her, corrected and pronounced by us in the open Forum on this the 12^th day of September, 2014.

   Sd/-                                                                  Sd/-

Member                                                     President (FAC)

                                                        District Consumer Forum-I

                                                                        Visakhapatnam

Consumer Complaint No:157/2013

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Party: NIL

   Sd/-                                                                  Sd/-

Member                                                     President (FAC)

                                                        District Consumer Forum-I

                                                                Visakhapatnam

//VSSKL//