Karnataka

Chitradurga

CC/96/2014

Shri.T.Thippeswamy S/o. Murtheppa - Complainant(s)

Versus

Chidanand Reddy S/o. Srinivas Reddy Owner S.R.E.Bus Travels - Opp.Party(s)

In Person

08 Sep 2015

ORDER

COMPLAINT FILED ON : 04/12/2014

     DISPOSED ON: 08/09/2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 96/2014 DATED:  8th September 2015

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SRI.H.RAMASWAMY,               MEMBER

                                         B.Com., LL.B.,(Spl.)

SMT.G.E.SOWBHAGYALAKSHMI,       

                                         B.A., LL.B.,                   MEMBER

                               

COMPLAINANT	1. T. Thippeswamy,     S/o Murthappa. 2. Smt. Gangamma,     W/o T. Thippeswamy,     Both are R/o Samradne     Nilaya, Holalkere Road,     II Cross, Chitradurga.   (Parties in Person)
OPPOSITE PARTIES	1. Chidanand Reddy,     S/o Srinivasa Reddy,     Owner, SRE Bus Travels,     Srinivas Groups/BSR     Groups, RTO Office Road,     Chitradurga. 2.  Sridhar V.S,      Booking Agencies, SRE      Travels, New Bus Stand,      Jagalur, Dist: Davangere. (Rep by Sri. C.M. Veeranna,  Advocate)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainants have filed a complaint U/s 12 of C.P. Act 1986 against the OPs for direction to the OPs to pay Rs.50,000/- each and other reliefs as the Hon'ble Forum deems fit to grant.

2.     The brief facts of the case of the complainant are that, the complainants are the husband and wife respectively.  They are permanent residents of Thoranagatte village, Jagalur Taluk; that now from past 8 years, they are residing at Chitradurga in the given address, the complainant No.1 is the retired Engineer and the complainant No.2 is his wife; that OP 1 is the owner of S.R.E Bus and OP 2 is the booking agent having his office at Jagalur; that the complainants and their daughter made a prior booking for OP 1 bus at OP No.2's office at Jagalur, for their journey from Chitradurga to Bangalore on 05.10.2014 by 10-15 PM; that they reserved three seats bearing its No.21, 22 and 23 in the middle portion of the bus by paying Rs.350/- per seat in total Rs.1,050/- for which OP 2 has issued a receipt vide No.521; that the complainants reserved their seats as they leading respectable life and old aged persons; that on 04.10.2014 the complainant No.1 has requested OP 2 stating that he has to travel with his wife and daughter from Chitradurga to Bangalore on 05.10.2014 by 10-15 PM so he needs three seats together in a row that too in a middle portion of the bus; that OP 2 on agreeing to the same, assured to provide one seat for complainant's family members so that they can sit together, in a middle portion of the bus bearing seat No.21, 22 and 23; that towards this OP 2 has agreed to the complainant's condition and has received Rs.1,050/- from the complainant and has issued a receipt to that effect; that on 05.10.2014 the complainant No.1 telephoned to OP 2 and got the confirmation that seats are reserved for them; that after the arrival of OP 1 bus bearing Reg. No.KA-16-3043, the complainant's and their daughter saw that the seats which were reserved to them have been occupied by other persons; that when the complainants asked those persons who occupied the seats to vacate those seats which were received from them, they replied that the Conductor has provided the seats to them; that on enquiring the Conductor, he replied that prior seats could not be provided as the same are occupied by others; that when the complainants resisted to the same, they were forced and informed to sit in the front seat; that further by sitting in the front seat, complainant No.2 got body pain, tiredness, headache and OPs 1 and 2 are responsible for the same; that in this regard, the complainants got issued the legal notice to the OPs on 16.12.2014, though it was duly served on the OP 2, they have not yet compensated; that in KSRTC bus the fare from Jagalur to Bangalore is Rs.215/- whereas the OPs have collected Rs.350/- per seat.  It is further case of the complainants that due to the act of the OPs in not providing reserved seats to the complainants, by collecting excess amount, the OPs have shown deficiency in service and thus, the OPs are liable to pay Rs.50,000/- each to the complainants. 

3.     After service of notice, the OPs have entered appearance through their counsel and resisted the complainant by filing objections to the complaint by denying entire contents of he complaint.  The case of the OPs in brief may be stated as under:

 

The OPs have admitted about the complainant No.1 reserving three seats from Jagalur to Bangalore in their bus on 04.10.2014 by paying the amount.  It is the case of the OPs that on 05.10.2014 OP 2 called to complainant No.1 over phone and requested that there is one heart patient who needs a middle seat in the bus, so requested to transfer the provided seat to them; that on hearing this complainant No.1 agreed to it; that after taking the assurance from complainant No.1, OPs gave a seat to that heart patient.  The act of the OPs is completely on humanity ground and further act was done by intimating and after taking the permission from complainant No.1 only.  Hence, the question of deficiency in service does not arise.  It is further case of the OPs that since complainant No.1 agreed to give their seat to the heart patient voluntarily, complainants 1 and 2 sat in the front seat of the bus and only in order to make unlawful gain from OPs they created a cock and bull story by stating that Conductor of the bus forced them to sit in the front seat; that if the complainant do not want to travel in the bus by sitting in front seat, they would have claimed refund of the bus fare.  The OPs have taken specific contention that the  Hon'ble Forum has no jurisdiction to entertain the complaint because Jagalur is in Davanagere District.  Further, they have contended that if the complainants are permanent residents of Chitradurga, they would have booked in Chitradurga office only and there was no need for them to book the seats at Jagalur.  Thus, the OPs have not committed any deficiency in service towards the complainants.  Hence, the OPs have sought for dismissal of the complaint.

 

4.     In support of their claim, the complainants and OPs have filed their respective affidavit and they have also produced the documents in support of their respective case.

 

5.     The points that arise for our consideration are as under:

1.  Whether the complainant have proved deficiency of service by OPs?

 

2.  If yes, whether the complainants are entitled for the relief as sought for?

 

3.  What order?

        

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

        Point No.1:- In the affirmative.

        Point No.2:- The complainants are entitled to

                           Rs.10,000/- each.

Point No.3:-  As per the final order.

 

                                ::REASONS::

 

7. Point No. 1:- At the outset, it is mentioned that there is no dispute with regard to the complainant No.1 booked three seats in OP 1 bus from Jagalur to Bangalore by paying bus fare of Rs.350/- per seat in total Rs.1,050/- on 04.10.2014.  It is the case of the complainants that they are aged persons, further complainant No.1 is a retired Engineer and his wife complainant No.2 is aged lady suffering from old age ailments.  Hence, to travel comfortably they have booked three seats in middle of the bus.  But, having received bus fare in advance, the OPs have failed to provide the seats which were booked for the complainants.  Thus, according to the complainants, the OPs have shown deficiency in service in not providing the reserved seats.  Due to non-providing of reserved seats to the complainants, the latter were forced to travel in the said bus by sitting in front seats which are not comfortable for them to travel.  On account of they travelling in uncomfortable seats, they have suffered bodily pain, headache etc., for which, they have obtained treatment.  To evidence the same, the complainants have produced the Doctor prescriptions marked as Ex.A-5 and Ex.A-6, the prescriptions issued by Sri. Laxmi Venkateshwara Health Care Centre, No.108, 2^nd main road, Muneswara Layout, Laggere, Bangalore.  The said prescriptions are dated 06.10.2014 i.e., next day of their journey from Chitradurga to Bangalore.  The complainants have also produced documents marked as Ex.A-1 copy of legal notice; Ex.A-2 reply to notice; Ex.A-3 and Ex.A-4 postal acknowledgement, cover and booking receipt No.521 issued by OP 2.  On perusal of sworn affidavit by complainant No.1 coupled with documents Ex.A-1 to Ex.A-6, there is no reason to disbelieve the contention of the complainants.

 

8.    It is the case of the complainants that though the complainants have reserved their seats by paying bus are in advance and obtained the receipt, they have to provide seat to a hear patient on humanitarian consideration and they have intimated this fact to the complainant No.1 who has also agreed for the same.  This contention cannot be believed, because the OPs have not substantiated the said contention by placing oral or documentary evidence.  Except filing their affidavit of their version, they have not produced any other documents in support of their contention.  Thus, we are decline to accept the contention of the OPs. 

9.    The OPs have taken up another contention that this Forum has no jurisdiction to entertain the complaint, because Jagalur is situated in Davanagere District.  In this regard, the complainants have stated in their complaint that they are permanent residents of Jagalur, but since 8 years they are residing at Chitradurga.  The complainants have given their residential address.  The OPs have not proved that the complainants are residing at Jagalur.  Moreover, to travel comfortably in the OPs bus, the complainants have booked their seats from starting point of journey i.e., Jagalur by paying bus fare from Jagalur.  Thus, it cannot be said that the complainants are permanently residing at Jagalur.  Since the complainants are permanent residents of Chitradurga in given address, this complaint is very well maintainable, as this Forum has jurisdiction to entertain the complaint.  Therefore, we answer Point No.1 in the affirmative. 

 

10.  Point No.2:-  In view of the above discussion, it is very clear that the complainants have suffered a lot by the deficiency of service by the OPs.  With regard to award of compensation, in the complaint, the complainants have claimed compensation of Rs.50,000/- each.  Considering the facts and circumstances of the case, we are of the opinion that it is just and reasonable to award a sum of Rs.5,000/- (Rupees Five thousand only) each as compensation to the complainants.  Accordingly, we answer Point No.2.   

 

11.  For the foregoing reasons, we pass the following.

ORDER

        The complaint filed by the complainants is partly allowed.  We hereby award Rs.5,000/- each as compensation to the complainants.  The OPs are directed to pay the above compensation of Rs.5,000/- each together with interest at the rate of 9% p.a from the date of travel i.e., 05.10.2004 till realization, apart from Rs.5,000/- each towards general damages.  Further, the OPs are directed to pay the above amount to the complainants within 60 days from the date of this order.  The OPs are also directed to pay Rs.1,000/- to the complainants towards costs. 

               

(This order is made with the consent of Members after the correction of the draft on 08/09/2015 and it is pronounced in the open Court after our signatures.)         

 

MEMBER                   MEMBER                      PRESIDENT

 

-:ANNEXURES:-

Complainant No.1 by filing affidavit evidence taken as PW-1

Witness examined on behalf of complainant:

                                                -Nil-

OP No.2 by filing affidavit evidence taken as DW-1:

 

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of complainant:

 

01	Ex-A-1:-	Copy of legal notice
02	Ex-A-2:-	Copy of reply to notice
03	Ex-A-3 & 4:-	Postal acknowledgement, cover and booking receipt
04	Ex-A-5 &6:-	Doctor Prescriptions

 

Documents marked on behalf of Opponent:

-Nil-

 

 

MEMBER                   MEMBER                      PRESIDENT

Rhr.