The case of the complainant, in short is that on 8.6.2015, the complainant had purchased a ticket from the counter of the OSRTC, Vizainagaram in order to move from Vizainagaram to Malkangiri with his ailing wife who is a Graduate Teacher of Poteru High School. Accordingly the official/agent of OSRTC issued the ticket at Annexure-A and allotted the seat No. 25 & 26 in fovour of the complainant. While the complainant and his wife entered in to the said bus in order to sit on the seat No. 25&26 it is noticed that, the window glass adjacent to the seat are in broken condition and the rain water is coming from the window as well as water leaking from the roof of the Bus. The complainant immediately reported the above matter to the Opposite Party No-1 and requested him either to change the seat or to take necessary steps to set right the same so that they can safely sit on the seat and move from Vizainagaram to Malkangiri, but the Opposite Party No-1 did not neither bothered nor took any action rather the conductor mis behaved the complainant in front of his wife and other passenger very rudely and on demand for refund of fare he bluntly denied. Finding no other alternative with sorry face and in acute hardship the Complainant came from Vizainagram to Malkangiri along with his wife on standing in whole night with unbearable hardship due to heavy rain and as the rain water leaking from the roof just above the seat No. 25&26 and also from the window in to the inside the bus, the personal effects, other valuable consumable food items and some valuable books of his children got damaged and became useless. The value of all damaged items come to and approximately Rs. 20,000/-. Due to the deficiency in service on the part of the Opposite Parties, the complainant suffered mental agony, physical harassment and financial loss and finding no other alternative the complainant takes shelter of this Forum for proper redressal of his grievances with a prayer to direct the Opposite Parties to pay Rs. 20,000/- towards the damage of personal effects, consumable food items and book, pay Rs. 20,000/- towards the compensation for mental agony, Physical harassment suffered by the complainant and his wife and Rs. 10,000/- towards the litigation expenses.
On receipt of notices, the Opposite Parties appeared and filed their written versions separately denying their liabilities. In their written version the Opposite Parties have submitted that the bus bearing No. OR-10F-8409 on dated of Journey, the window glass of seat no. 25 & 26 were OK and in order to make some undue gain from the OSRTC the complainant has filed the present complaint.
Decision with reasons
Perused the pleading of the complainant and Opposite Parties and gone through the record carefully. It is not disputed that the complainant booked ticket No.45 in order to move from Vizainagaram to Malkangiri on 8.06.2015 in Bus No. OR 10F 8409 and he was allotted the seat No. 25&26 in the sais Bus. The Opposite Parties disputed on the allegation of broken window. In support of their case they have filed a certificate dated 7.8.2015 of the Assistant Foreman. In our opinion the above certificate of certificate of Assistant Foreman has no evidential value. The Opposite Parties are taking the plea that in order to make some un-due gain from OSRTC the complainant has filed the false complaint. The complainant is a Head Master and his wife is a graduate teacher having good name in the locality. They does not have any personal animosity against the Opposite parties or its staff members. There is absolutely no necessity to them to come up with a false case against opposite parties. Though lakhs of passengers are traveling daily very rare passengers are reporting the defects found in the bus boldly. The observation of the National Consumer Disputes Redressal Commission, New Delhi is relevant in this connection which is as follows :
“It is only a rare consumer who is ever vigilant and conscious on his rights and is prepared to take the route of legal proceedings under the Consumer Protection Act.-2010 CTJ 53(CP) (NCDRC)”
Based on the above discussions it is proved that there is gross negligence and deficiency in service on the part of the Opposite parties definitely suffered whole night with much hardship.
As such the complainant is entitled for compensation for physical harassment, mental agony and the inconvenience caused to him.
Keeping in view the above facts and referred case laws, which are applicable on the facts and circumstances of the case, we have come to the conclusion that the complaint is tenable. We find that the Opposite Parties are deficient in service in service in this case for which the complainant is entitled to the relief. Hence, it is ordered that :
ORDER
We direct the Opposite Parties to pay Rs. 5,000 (Five thousand only) towards monetary compensation to the complainant which includes the litigation expenses.
The Order shall be complied with 30 days from the date of receipt of copy of this order. In default, the Opposite Parties are liable to pay Rs. 50/- for each day of delay till its realization.
Supply free copy to each party as per rules.
Delivered on this the 11th December,2015.
