BEFORE THE DISTRICT FORUM: KURNOOL
Present:- Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Friday the 17th day of June, 2011
C.C.No.2/2011
BETWEEN:
U.Ashraf Qurishi,
H.No.11-306,
Near Dargha,
Hassain Baig Street,
Yemmiganur-518 360,
Kurnool District (A.P). …Complainant
-Vs-
Depo Manager (D/M),
A.P.S.R.T.C Bus Depo,
Nandikotkur-518 401,
Kurnool District (A.P). …Opposite Party
This complaint is coming on this day for orders in the presence of Sri U.Asharaf Qurishi, complainant and Sri G.Madhusudhana Reddy, Advocate for opposite party for upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. S.Nazeerunnisa, Lady Member)
C.C. No. 2/2011
1. This complaint is filed by the complainant under section 11 and 12 of C.P. Act, 1986 seeking a direction on opposite party for payment of :-
- The return the price of loss due to failure of agreement Rs.50,000/- Fifty Thousand rupees with interest from the date of journey i.e. 19-11-2010.
(b) Grant sum of Rs.30,000/- Thirty Thousands mental agony and treatment of health.
(c) Grant the cost of the complainant and grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- On 19-11-2010 the complainant had taken bus ticket for Rs.124/- to travel in a bus bearing No.AP 28 Z 1609 from Kurnool to Hyderabad. The bus belonged to Nandikotkur Bus Depot. After passing 10 Kilometers of journey the bus failed to move due to trouble of gare box. After spending three hours’ time the complainant caught express bus service which was already full of passengers. The complainant travelled by standing on foot board for about 4 hours. Due to the in convenient journey, he got headache wrist pain and swelling of legs. He went to his friends room and stayed there and could not able to walk. In these circumstances the complainant had lost his business agreement for about Rs.50,000/-. On 22-11-2010 the complainant got issued notice to the opposite party it is marked as Ex.A1 and the opposite party acknowledged, the same dated 24-11-2010 and it is marked as Ex.A3 and kept quiet. There is deficiency of service on the part of the opposite party. Hence the complaint is filed.
3. Opposite party filed written version stating that on 19-11-2010 the bus failed to move due to mechanically defect after passing 35 kilometers from Kurnool near Kodandapur. The opposite party filed the statement of driver S.Ranga Swamy marked as Ex.B1 stating that when the bus reached near Kodandapur, the bus failed to move at 8.15 A.M. within half an hour all the passengers were accommodated in two buses. The failure of bus is due to mechanical defect but not due to lack of proper maintenance. The opposite party also filed the statement of conductor T.Subramanyam marked as Ex.B2. He also stated that it is only mechanical failure on enroot and the rubber belt was suddenly broken near Nandikotkur. The opposite party version is that the complainant filed this complaint in order to extract money from opposite party. There is no deficiency of service on the part of the opposite party.
4. The complainant filed sworn affidavit and documents marked as Ex.A1 to A3 in support of his case.
5. The opposite party filed sworn affidavit and documents marked as Ex.B1 and B2.
6. Both sides filed written arguments.
7. The points for consideration are:-
- Whether there is deficiency of service on the part of
opposite party?
- Whether the complainant is entitled to the reliefs as
prayed for?
- To what relief.
8. Points 1 and 2: - Admittedly on 19-11-2010 the complainant had taken a ticket of Rs.124/- to travel from Kurnool to Hyderabad in bus bearing No.AP 28 Z 1609. It is marked as Ex.A2. According to the complainant after passing 10 Kilometers the bus failed to move due to trouble in gare box. The opposite party has filed a statement of driver S.Ranga Swamy addressed to Depo Manager which is marked as Ex.B1. He stated that after passing 35 Kilometers the bus failed to move as the central rubber belt was broken. Ex.B2 is the statement of conductor addressed to Depo Manager. He also stated that the rubber belt was suddenly broken near Nandikotkur and it is a mechanical defect. Within half an hour they accommodate the passengers in two buses. As seen from Ex.B1, it is clear that the bus failed to move and the passengers were compelled to travel in some other buses. According to the complainant he had spent three hours’ time and after that he caught another bus which was already full of passengers. According to him he travelled by standing on the foot board of bus for about Four hours, due to the inconvenience he got headache wrist pain and swelling of legs, that he went to his friend room and stayed there and could not able to walk. According to complainant he lost his business agreement and got a loss for about Rs.50,000/-. The complainant has not filed any document in support his contention that he has been doing business and he went to Hyderabad on that day for the purpose of business agreement. It is not established that he went to Hyderabad for business agreement and he got a loss ofRs.50,000/-.
9. It is the case of the complainant that he had suffered mental agony and body pains due to the negligence of the opposite party. The opposite party denied the allegations and contended that the bus failed to move due to mechanical defect. Admittedly there was mechanical problem in the bus and it failed to move. As a result the complainant was made to wait to catch another bus. Opposite party is negligent in operating the bus which is not in good condition. It is the duty of the opposite party to check the vehicle whether it is properly working or not before keeping the vehicle for operation. When the passenger paid a fare charges for travelling, the passenger is entitled to have a convenient seat and happy journey. Not to compel him to travel in miserable condition. The complainant got issued a notice to the opposite party on 22-11-2010 that is Ex.A1, and received the same on 24-11-2010 (i.e.,) Ex.A3. There is a deficiency of service on the part of the opposite party.
10. Point No.3:- The complainant claim Rs.30,000/- for mental agony but it is excessive. The complainant is entitled for Rs.2,000/- as a compensation for mental agony.
11. In the result, the complaint is partly allowed directing the opposite party to pay the compensation of Rs.2,000/- for mental agony and Rs.500/- towards cost of the complaint.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the day 17th of June, 2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite party : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of notice dated 22-11-2010 to Opposite Party.
Ex.A2. A.P.S.R.T.C., Nandikotkur, Bus Tickets (6) for Rs.124/-,
Dated 19-11-2010.
Ex.A3 Postal receipt and acknowledgement dated 22-11-2010.
List of exhibits marked for the opposite party :-
Ex.B1 Letter dated 31-01-2011 Driver Rangaswamy E.No.108322 addressed to Depot Manager, A.P.S.R.T.C., Nandikotkur.
Ex.B2 Letter dated 31-01-2011 Conductor T.Subramanyam
E.No.425287 addressed to Depot Manager, A.P.S.R.T.C., Nandikotkur.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
