CC Filed on 19.06.2009<br /> Disposed on 17.09.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 17th day of September 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 44/2009<br /> <br /> Between:<br /> <br /> <br /> Sri. M. Kumar,<br /> Secretary,<br /> Cauvery Mahila Credit Co-operative <br /> Society Limited, Kolar,<br /> No. 35/1, BRAES Campus,<br /> Vibuthipura (Keelukote)<br /> Antharagange Road,<br /> Kolar.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> The Depo Manager,<br /> Karnataka State Road Transport Corporation,<br /> Kolar Depo,<br /> Kolar.<br /> <br /> <br /> (By Advocate Sri. S. Ravindra & others) <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay Rs.6,800/- excess collected towards the hire charge of the buses with costs and interest, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> The complainant on 24.04.2009 booked two buses on hire to go to Bababudangiri from Kolar on paying advance of Rs.17,200/- per bus. The grievances of the complainant are that the OP charged Rs.23/- per km. instead of Rs.22/- per km. as agreed and that the total distance covered was shown as 700 kms. instead of the actual distance of 600 kms., thereby the OP is liable to refund Rs.4,600/- towards excess hire charge collected for 100 kms. and Rs.1,200/- towards excess charge of Rs.1/- per km. <br /> <br /> 3. The OP appeared and contended that the total distance covered is 700 kms. and the agreed charge per km. is Rs.23/- and the claim of complainant is illegal and not tenable. <br /> <br /> 4. The parties filed affidavits and documents. We heard the parties.<br /> <br /> 5. The following points arise for our consideration:<br /> 1. Whether the claim of OP is excessive?<br /> 2. To what order?<br /> <br /> 6. After considering the records and submissions of the parties our findings are as follows:<br /> <br /> Point No.1: It is not in dispute that the complainant on 24.04.2009 booked two buses each of 55 passengers capacity to go for a trip from Kolar to Bababudangiri and paid advance of Rs.17,200/- for each bus and the estimated distance was 600 kms. The buses were given at 10 p.m. on 25.04.2009 and they were returned at 10 p.m. on 27.04.2009 after completing the trip. At the time of making the advance of Rs.17,200/- for each bus the calculation was arrived as follows: <br /> <br /> <br /> <br /> <br /> <br /> a) Estimated distance 600 Kms. X Rs.23/- per km. = Rs.13,800/-.<br /> b) (Driver’s bata Rs.100/- per day and development <br /> charge Rs.100/- per day and insurance charge Rs.100/- <br /> per day) X two days = Rs.600/-.<br /> c) Extra amount at 20% Rs.2800/-.<br /> Total Rs.17,200/-.<br /> <br /> The complainant claims that the total distance covered was 600 kms. by each bus. But on the other hand the OP contended the total distance was covered was 700 kms. by each bus. It is admitted that to measure the total distance there was no spedo meter fixed to any of the buses. We referred Karnataka Distance Directory which shows that the distance between Kolar to Chikkamagalur is 308 kms. The OP submitted that the distance between Chikkamagalur to Bababudangiri is 26 kms. It is not disputed that one has to reach Bababudangiri via Chikkamagalur while going from Kolar. Therefore the total distance may be taken as 334 kms. from Kolar to Bababudangiri. The OP submitted that while on trip the passengers take the bus here and there for coffee and meals etc., therefore the to and fro total distance was estimated at 700 kms. The complainant denied that the buses were taken to any considerable distance for coffee and meals during trip. Therefore we think the total to and fro distance covered may be taken at 668 kms. instead of 700 kms. as estimated by OP. <br /> <br /> The complainant contended that for the bus in question the rate agreed was Rs.22/- per km. That appears to be not true. While receiving advance the charge was calculated at Rs.23/- per km. There is also a Circular dated 07.10.2008 enhancing the rate for the concerned bus from Rs.22/- to Rs.23/- with effect from the date of Circular. The complainant relied upon the printed form in which the rate was shown as Rs.22/- per km. for the concerned bus. It appears old form was used and the subsequent enhanced rate was not carried out in it. This portion in the printed form is not signed by any of the parties. Only the first page of the printed form in the agreement is signed by complainant as well as OP. Therefore we hold that the agreed rate per km. was Rs.23/- but not Rs.22/- as contended by complainant. The complainant does not dispute for payment of the driver’s bata, development charge and insurance charge as agreed. The total to and fro distance covered by each bus was found to be 668 kms. and it should be charged at Rs.23/- per km. which comes to Rs.15,364/- per bus. The advance paid by complainant is Rs.16,600/- per bus excluding driver’s bata, etc. Therefore the amount to be refunded for each bus is Rs.1,236/- and the total amount to be refunded comes to Rs.2,472/-. The OP had earlier refunded only Rs.1,000/-. Hence Rs.1,472/- is still remains to be refunded. <br /> <br /> Point No.2: Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is partly allowed with costs of Rs.1,000/-. The OP shall pay Rs.1,472/- to complainant within 30 days from the date of this order. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 17th day of September 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />