Date of filing : 23-08-2013
Date of order :23 -01-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.197/13
Dated this, the 23rd
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Swapin Mohanan, : Complainant
Nedumattathil Veedu, Ayyamkavu,
Rajapuram.Po. Kasaragod.Dt. 671532
(St.Mary’s College Student, Cherupanathady)
Anjali Bus Service, KL-14-D-4380, : Opposite party
Kanhangad, Kasaragod.Dt.
O R D E R
SMT.K.G.BEENA, MEMBER
Complainant is a second year BBA student of St. Mary’s College, Cherupanathady on 16-07-2013 morning the complainant with other students boarded in opposite party’s bus to go to the college. When the bus reached at a place called Malakkallu, peoples of that locality stopped the bus by saying that opposite party hesitate to take students from that stop opposite party explained their difficulty to the obstructed peoples as the bus is already late. The bus is permitted to move, but while reaching the next stop, the driver stopped the bus as it contains only students and the trip is not profitable to the opposite party. The complainant and other students thereafter walked 2 KMs to reach the college. They reached very late after the first period. Complainant has already informed the misbehavior on the part of opposite party to Rajapuram Police Station but they did not taken any steps. Complainant is alleging deficiency in service on the part of opposite party as they constrained him to get down from the bus on the mid way to the college caused loss and mental agony to him.
2. Notice served to opposite party and Adv. P.T. Mohankumar filed vakalth. But version is not filed even after four consecutive postings. The complainant is a 2nd
3. The specific case of the complainant is that he is alleging deficiency in service on the part of opposite party as they failed to take the complainant to his destination. There is an implied contract between a passenger and staff of the bus when the passenger purchases ticket; is that they will take the passenger to his destination. Here also the complainant purchased ticket expecting to reach the college and the contract came into force. Produced Ext.A1, student pass. But the bus employees failed to perform their part of the contract. Moreover, the attitude of the bus employees towards the students are not good. Private buses are not allowing the students to board in their bus and even if it is permitted misconduct towards the students are very common. The students are daily facing illtreatment, both physically and mentally from private bus employees. The gist of this complaint is a best example for both types of harassments. Even if seats are vacant they are not permitted to occupy seats. The humiliation they are suffering, infront of other passengers such as scolding, shouting and physical harassment by pushing even the girl students affects their personality development. “Todays students are tomorrows promises” or tomorrows administrators. But most of the time student passengers are treated as slaughter animals and only last few seconds they will be permitted to board on bus after waiting for a long time. Therefore the society is bound to provide a healthy atmosphere for them to elevate themselves to a better citizen with dignity and integrity. Any acts which prevents their natural growth will affects the society. The new enactment of Laws are aimed with an intention to protect the rights and interest of the children and education has become their fundamental rights. Therefore any acts which obstructs their rights will infringe their fundamental rights. In this context it is highly necessary for us to interfere in this matter and to put an end to the harassment towards the student passengers since it is a very serious issue and the order of this Forum should be an eye open to the society. Therefore it definitely amounts to deficiency in service. The conduct of opposite party is highly irresponsible. Therefore it definitely amounts to deficiency in service. ‘Deficiency’ means any fault, imperfection, short coming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Here after issuance of ticket to the complainant opposite party decided to stop the bus, as the majority of the passengers are of students with pass. The trip was not profitable to them so they decided to cut the trip. The act of opposite party was illegal and will come under the definition of ‘deficiency in service’. Due to the deficiency in service on the part of opposite party, complainant sustained mental agony loss and he missed one period; which cannot be compensated by opposite party in terms of money. We are of the opinion that the loss and agony sustained to the complainant has to be compensated.
In the result, complaint is allowed and opposite party is directed to pay Rs.10,000/- as compensation for mental agony to the complainant with a cost of Rs.5000/-. Time for compliance is 30 days from the date of receipt of copy of the order. If the opposite party failed to comply the order within the stipulated period the concerned RTO is directed to cancel the permit of the bus KL-14-D-4380, Anjali Bus.
MEMBER MEMBER PRESIDENT
Exts.
A1.Photocopy of Student’ Identity Card of the complainant.
PW1. Swapin Mohanan.
MEMBER MEMBER PRESIDENT
Pj/
