This case coming on 31.10.2014 for final hearing before us in the presence of Sri S.K. Nagur Saheb, Advocate for the Complainant and Sri Ajjarapu Srinivas, Advocate for the Opposite Parties and having stood over till this date for consideration, this Forum made the following:

                                                ORDER

          (As per Sri C.V. Rao, Honourable Male Member, on behalf of the Bench)

1.       The Complainant asks the Forum to pass an order in his favour and against the Opposite Parties with a direction: a) To refund the cost of the Bus Ticket of Rs.471/- and cost of Auto fare of Rs.85/-; and b)To pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) as compensation for not rendering accurate, reasonable and timely services and loss of reputation although the loss is not susceptible to measurement; and c) To pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards mental agony sustained by the Complainant, although the loss is not susceptible to measurement; and d) To pay costs of Rs,2000/- for filing the complaint; and e) for such other relief or reliefs as the Forum may deem fit and proper in the circumstances of the case and interests of justice.

2.       The Opposite Parties 1 to 3 strongly resisted the claim of the Complainant and asked the Forum to dismiss the Complaint with costs.

 3.      The case of the Complainant, as can be seen from the complaint, is that he is a retired employee of Government of India Enterprise and was functioning as State Coordination Member of “LOK SATTA” from Visakhapatnam area.    Upon receipt of an invitation to attend a State Level Meeting to be held on 06.03.2011 at 10:30 A.M. at Hyderabad, the Complainant had purchased a ticket in advance on 03.03.2011 bearing No.FR 70581 by service No.3379 for the journey from Visakhapatnam to Hyderabad on 05.03.2011 and as per the information provided by the officials of the 1^st Opposite Party and its advance booking counter the bus would be started at 7:25 P.M. on 05.03.2011and would reach the destination of Hyderabad by 8:30 A.M. on 06.03.2011.   The fare for the bus journey being Rs.471/- was paid by the Complainant and all the details furnished are clearly reflected in the advance ticket issued by the 1^st Opposite Party, which was confirmed by the officials when enquired by the Complainant while during purchase of the said ticket.   The Complainant stated that believing the promises both oral as well as the written on the face of the above said ticket and the personal confirmation by the officials of the 1^st Opposite Party, the Complainant presumed that he would be able to be present much before commencement of the important state level meeting in his capacity of State Coordination Member in the reputed Public Organization by name “LOK SATTA” (Udyama Samstha-a-Non-Political Organization).   It is said that the movement and activities of “LOK SATTA” are well recognized by the public in general which stressed hard to bring better life to all citizens and the Complainant is one of such state level member who undertakes activities for the public cause.    The Opposite Parties are nobody else, than the public organization running with the public funds are failing to up keep  their basic services especially in public transport to various parts in the AP State.   Whereas, contrary to the schedule time of reaching Hyderabad, the bus operated by the 1^st Opposite Party failed to reach nearest to accurate time reaching at Hyderabad, the Opposite Party is deficient in rendering the assured services having received the consideration amount and such deficient action put the Complainant to mental and physical agony when the bus reached Hyderabad by 4 hours late where the Complainant got down prior to terminal point at 12:10 A.N. on 06.03.2011 contrary to the assured time of 8:30 AM. on 06.03.2011.   The act of the Opposite Party is a clear departure from the promise made by them and speaks about the serious deficiency on their part, due to the negligent services; the Complainant suffered heavy and great mental agony and sustained loss of money and time.   Sarcastically had the assurance either oral or written was not mentioned in the said ticket, the Complainant would have preferred suitable another mode of journey, it is because of the assurance of reaching Hyderabad by 8:30 A.M. on 06.03.2011, the Complainant preferred the services of the 1^st Opposite Party.   The Complainant stated that when the bus reached the destination with 4(four) hours late, the Complainant had to engage an auto bearing No. AP 11Y 1669 for his personal transportation from Chaderghat to the venue of the meeting by spending extra amount of Rs.85/-, as otherwise he would be preferring city bus service had the bus reached in schedule time.    The journey both by the State Owned RTC Bus as well as auto caused him untold mental tension with embarrassment at the close ended meeting.   In other words, the very purpose for which the ticket booked to attend the important meeting was clearly defeated leaving a mark of mental and physical tension which cannot be reduced in words.   The Complainant further stated that the Opposite Parties while issuing the advance ticket for the journey from Visakhapatnam to Hyderabad promised that the Complainant would be taken to Hyderabad by 8:30 AM. on 06.03.2011, whereas the Opposite Parties failed to comply the promise, rather deficient and negligent in rendering the assured services and the ineffective services deserves to be viewed from the provisions of C.P. Act and award compensation to the Complainant for the mental and physical agony sustained by the Complainant together with refund of bus fare and auto fare as furnished. 

4.       The Complainant filed an affidavit and also written arguments to support his claim.   Exs. A1 to A5 are marked for the Complainant.

5.       On the other hand, the Opposite Parties resisted the claim of the Complainant, by contending, as can be seen from their counter, that in all modes of transport especially in India when a time of arrival has given on a ticket, it is always expected time of arrival only.   Coming to the present case also only the expected time of arrival is announced.   The same is always subject to various exigencies.    It is submitted that only because of the traffic jam the bus was delayed, the staff of A.P.S.R.T.C is always tried to reach the destination point within time.   There will be no intention on their part to delay the service nor there be any use if a bus is delayed.   The Opposite Parties further stated that the complaint is not at all maintainable as there is no deficiency of service in this case as even according to the Complainant, the bus was not intentionally delayed or that only because of some intentional acts of the staff the bus was delayed.

6.       The Opposite Parties filed an affidavit, besides written arguments to buttress their contentions.   However, no documents are marked for the  Opposite Parties.

7.       The matter has been heard on behalf of the Complainant.

          The matter has been heard on behalf of the Opposite Parties.

10.       After careful perusal of the case record, this Forum finds that as per Ex.A2 Original Bus Ticket issued by the 1^st Opposite Party, the bus has to start from Visakhapatnam at hours 17:25 on 05.03.2011 and has to reach the next day morning by 8:30 A.M.   Issuance of this ticket is admitted by the Opposite Parties.   Moreover, the Complainant filed an invitation from “LOK SATTA” addressed to the Complainant asking him to participate in a meeting schedule at 10:30 AM. on 06.03.2011.   It is also admitted by the Opposite Parties that there was a delay of 4 hours and the bus reached Hyderabad at after noon 12:10.   This clearly shows that there is gross deficiency of service on the part of the Opposite Parties.   As such, the Complainant is entitled to get refund of the purchase cost of the bus ticket as well as the auto fare which he was constrained to pay in Hyderabad to reach the meeting place.    It can also be readily seen that the Opposite Parties are bound to pay suitable compensation to the Complainant as deficiency of service on the part of the Opposite Parties should have caused much physical hardship and mental agony to the Complainant.   As the Complainant is forced to file this complaint because of the deficiency of service on the part of the Opposite Parties, he is entitled to costs of this complaint too.

8.       In the result, this Forum directs the Opposite Parties to pay a) the purchase cost, of bus ticket, of Rs.471/- (Rupees Four hundred and seventy one only), + the auto fare of Rs.85/- (Rupees Eighty five only) = the sub-total amount of Rs.556/- (Rupees five hundred and fifty six only) with interest @ 9% p.a. from 6.3.2011 till the date of actual realization , b) a compensation of Rs.5,000/-  (Rupees five thousand only) and c) Costs of Rs.2,000/- (Rupees two thousand only) to the Complainant.  Time for compliance, one month.

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 31^st day of October, 2014.

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President                          L. Member                                  Male Member

                             APPENDIX OF EVIDENCE

For the Complainant:-

For the Opposite Parties:-                                           

                                      -Nil-

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President                                L. Member                         Male Member