BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI MAMIDI CHRISTOPHER,
PRESIDENT.
SMT.S.SANDHYA RANI,
FEMALE MEMBER.
. . .
TUESDAY, THE SEVENTH DAY OF JANUARY, 2020
CONSUMER COMPLAINT No. 04 OF 2019
Between:
Pasunuru Rambabu S/o Vasudeva Rao, Age: 46 years,
R/o H.No.6-7-307, Shivaram Nagar, Nalgonda.
…COMPLAINANT.
]
AND
The Depot Manager, Telangana State Road Transport Corporation,
…OPPOSITE PARTY.
This complaint coming on before us for final hearing, in the presence of the Complainant, and Sri N.Bheemarjun Reddy, Advocate for the Opposite Party, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SMT.S.SANDHYA RANI, FEMALE MEMBER
1. The Complainant filed this complaint Under Section 12 of Consumer Protection Act, 1986 to direct the Opposite Party to pay an amount of Rs.5000/- towards compensation for deficiency of service, Rs.2,000/- towards costs and Rs.20/- charged additional bus fare, in total Rs.7,020/-.
2. The facts leading to the filing of this complaint are as follows:
The Complainant intended to go to Hyderabad by TSRTC Ordinary Bus bearing No.AP-24Z-0072 on 26/12/2018 at 11-33 am., from Nalgonda Bus Stand. The Complainant boarded the said bus and paid Rs.110/- towards bus fare instead of Rs.90/-, which is the bus fare for ordinary bus. The Complainant immediately called the Depot
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Manager, but he did not respond to his call. As the Complainant boarded the ordinary bus, he suffered inconvenience. The Complainant approached local Consumer Society and through them he sent a notice to the Opposite Party on 04/01/2019, but he did not get any reply from the Opposite Party even after ten days. The Opposite Party several times cheated the passengers by charging extra fare. Therefore, in order that other passengers should not have suffered the inconvenience, the Complainant filed the present complaint. As the Complainant paid additional bus fare of Rs.20/- and suffered inconvenience mentally and physically, he may be paid Rs.5,000/- towards compensation and Rs.2,000/- towards costs and Rs.20/- charged additional bus fare, in total Rs.7,020/-.
3. The Opposite Party filed his written version by denying all the averments of the complaint. The Opposite Party submitted that as it was the last week of December and a long week end and the very next day was the Christmas, as such there was heavy rush of passengers who are intended to travel between Nalgonda to Hyderabad under the category of Non-Stop Service. All the deluxe buses available were already deputed and the authorities were unable to meet the demand of additional services by providing deluxe buses. The passengers including the Complainant approached the Personnel of the Opposite Party and insisted them to make available of a bus in substitute of deluxe service, in order to clear the crowd, the Opposite Party Personnel arranged Palle Velugu service bus under the non-stop category and intimated to the passengers who are interested to travel in the bus they can avail the said service and there is no compulsion and the charges would be collected as non-stop service charges, i.e.
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Rs.110/-. After knowing fully well, the Complainant boarded the said bus and travelled from Nalgonda to Hyderabad. That the only intention of the Corporation is to render bus services to the passengers, and while returning the bus from Hyderabad to Nalgonda it would come vacant and the Corporation has to sustain loss even though the authorities made available of services for the sake of the convenience of the passengers. The Telengana Government has allowed TSRTC to enhance the fare on the eve of festival and other important occasions from the normal charges to 1.5 times of normal fare, but the Corporation not availed the same and ran the buses on normal fares. That the deluxe service as well as Palle Velugu bus service would reach the destination with the same speed and some times both services ran under non-stop services. The Opposite Party made available of the bus services from Nalgonda to Hyderabad with a frequency of every 15 minutes with the deluxe service, due to heavy rush the deluxe services are not available, as such in order to provide the facility, the authorities provided Palle Velugu bus. As such, there was no loss or inconvenience to the Complainant. The Opposite Party has been running with a motive of rendering the services to the public not on commercial purpose and the Opposite Party is a Government undertaking Corporation. The Opposite Party also replied to the notice, dated 04/01/2019 and sent reply notice on 11/01/2019 and explained the reasons clearly for providing Palle Velugu bus in the place of deluxe bus. The Opposite Party is not liable to pay the compensation of Rs.5,000/- and costs of Rs.2,000/-, in total Rs.7,020/- as there was no deficiency of service. The Complainant voluntarily agreed to travel in the bus which was provided by the Opposite Party. Apart from the Complainant, 47 passengers travelled
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in the said bus and none of them made any objections. The Complainant reached the destination within the prescribed time which would normally took by the deluxe service, as such there is no inconvenience to the Complainant. The Opposite Party had rendered the service at the best level and there is no deficiency of service and as such the complaint may be dismissed.
4. The Complainant filed his proof affidavit and marked Exs.A-1 to A-3. The Opposite Party filed his proof affidavit and marked Exs.B-1 to B-5.
5. The points for consideration are:
1) Whether there was deficiency in service on the part of the
Opposite Party in providing ordinary bus instead of deluxe
Bus by collecting extra fare of Rs.20/-?
2) Whether the Complainant is entitled for the reliefs
sought for?
3) If so, to what extent?
6. POINT No.1:
As per the facts of the complaint, the Complainant travelled in the TSRTC Ordinary Bus bearing No.AP-24Z-0072 from Nalgonda to Hyderabad on 26/12/2018 at 11-33 a.m., and the Conductor charged Rs.110/- towards bus fare of deluxe service instead of Rs.90/- for the ordinary bus, due to which the Complainant suffered inconvenience both mentally and physically. The Opposite Party cheated the passengers in charging and collecting additional sum of Rs.20/- towards the bus fare which they should have charged only Rs.90/- for ordinary bus. As such, the Opposite Party rendered deficiency of services to the passengers and, therefore, they are liable to pay the compensation as claimed for. In support of his contention, the Complainant filed Exs.A-1 to A-3. Ex.A-1 is the Xerox copies of the
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bus tickets of eight passengers. Ex.A-2 is the Xerox copies of the bus bearing No.AP-24Z-0072 and the passengers travelling in the bus. Ex.A-3 is the notice issued to the Depot Manager, TSRTC, Nalgonda, dated 04/01/2019.
7. The Opposite Party had contended that, being the festival season there was heavy rush of passengers who intending to travel between Nalgonda to Hyderabad under the category of non-stop service buses. According to the Opposite Party, as all the deluxe buses available were already deputed, the Opposite Party was unable to meet the demand of additional services by providing deluxe buses to the passengers. On the request of the passengers and to meet the demand, the Opposite Party Personnel in order to provide buses to the passengers waiting for the buses and to clear the crowd, arranged Palle Velugu service bus under the non-stop category, so that the passengers would reach to their destination in the given time. The Opposite Party intimated the passengers they made available of Palle Velugu bus services and those who are interested to travel in the said buses can avail the services and there is no compulsion and the charges would be collected as non-stop service charges, i.e. Rs.110/-. The Complainant and other passengers after knowing about the buses and the bus fares, boarded the said bus and travelled from Nalgonda to Hyderabad within the stipulated time as fixed for the deluxe services. According to the Opposite Party, the only intention of the Corporation is to render bus services to the passengers and it was not based on commercial purpose. The bus of the Opposite Party would return from Hyderabad to Nalgonda without any passengers and in order to cover up the loss, the Opposite Party charged Rs.20/-. The Government of Telangana
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allowed TSRTC to enhance the fare on the eve of festival and other important occasions from normal charges to 1.5 times of normal fare to meet the demand of the passengers, but the Corporation not availed the same and ran the buses on normal fares. The Opposite Party provided Palle Velugu buses to reach the destination with the same speed of deluxe service and time and ran under non-stop services. The Opposite Party made available of the bus services from Nalgonda to Hyderabad with a frequency of every 15 minutes with the deluxe service, due to heavy rush the deluxe services are not available, as such in order to provide the facility, the authorities provided Palle Velugu bus. As such, there was no loss or inconvenience to be caused to the Complainant. The Opposite Party has been running the buses on service basis to meet the demand of the public in general and not for commercial purpose as it is a Government undertaking Corporation. In support of his contention, the Opposite Party filed Exs.B-1 toB-5. Ex.B-1 is the Circular No.51/2011-OPD (P), wherein it was stated that the fares would be charged 1.5 times to the normal fares for special type of services namely; Express, Deluxe and Super Luxury/Volvo, in order to clear additional traffic during the special occasions. Ex.B-2 is the Statistical and Ticket Accountal Record. Ex.B-3 is the Duty Control Chart, dated 25/12/2018. Ex.B-4 is the Duty Control Chart, dated 26/12/2018 and Ex.B-5 is also Duty Control Chart, dated 24/12/2018. The Circular issued by the Opposite Party empowers the Regional Managers to charge 1.5 times of the normal fares for all special type services on the occasions like fairs and festivals, weekends, long vacations and jatharas as there is need to operate additional services/buses to clear additional traffic. As per the instructions given under the circular, the
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Depot Manager has to obtain prior approval of the Deputy Chief Traffic
Manager of the respective Region before sanctioning permission to supply the buses on one and half of the normal fare to the commuters, beyond or extended places of bus stations. The Opposite Party has not obtained approval of the Deputy Chief Traffic Manager to supply buses for one and half times more than the fare and also has not displayed any notice at the Bus Stands or on the Buses that the bus provided will charge more than the original fare as they are provided to commute the passengers and to facilitate for their journey to their destination in the rush period. The Complainant boarded the bus though it was ordinary to reach his destination and his anxiety to move from the place at that point of time, but he was shocked to know that he was charged additional Rs.20/-. There is no similarity between ordinary and deluxe buses in every aspect of seating capacity, comfort, convenience and speed limit etc. The Opposite Party charged unlawfully additional Rs.20/- for the ordinary bus, for which they are bound to provide the same level of facilities available in deluxe buses. The passengers were not aware of the Circular (Ex.B-1) issued by the Opposite Party in the year 2011, their innocence cannot be taken as advantage to charge more fare that the normal fare. The Opposite Party is a Government undertaking Corporation which has to see that common man and general public are at comfort to travel to the destination and provide the required information before boarding the bus. The Opposite Party had utterly failed to render service to the passengers and committed unfair trade practice and the Complainant suffered inconvenience and discomfort and was also suffered physically and mentally due to the journey in the ordinary bus. The acts of the
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Opposite Party amounts to deficiency in service on their part. Accordingly Point No.1 is answered in favour of the Complainant and against the Opposite Party.
8. POINTS No.2 & 3:
As the Opposite Party failed to provide necessary information and failed to provide the bus equallent to deluxe bus instead of providing ordinary bus, thereby causing inconvenience to the Complainant. In the light of the findings under Point No.1 and in the light of above observations, the Opposite Party is liable to pay compensation of Rs.5,000/- and Rs.2,000/- towards costs apart from Rs.20/- which was charged additional to the normal fare, totally Rs.7,020/- to the Complainant.
In the result, the complaint is allowed, directing the Opposite Party to pay to the Complainant, an amount of Rs.5,000/- (Rupees Five Thousand only) towards compensation and a sum of Rs.2,000/- (Rupees Two Thousand only) towards costs apart from Rs.20/- bus fare which was charged additionally, totally Rs.7,020/- (Rupees Seven Thousand and Twenty only), within one month from the date of receipt of this order, failing which the amount of Rs.7,020/- shall carry interest at the rate of 9% p.a. till realization.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 7th day of January, 2020.
FEMALE MEMBER PRESIDENT
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of the Complainant. Affidavit of Opp.Party.
EXHIBITS MARKED
For Complainant:
Ex.A-1: Dt.26/12/2018 Xerox copies of Bus Tickets ( 8 Nos.),
issued by TSRTC, Nalgonda Depot.
Ex.A-2 Xerox copies of Photographs of the Bus
bearing No.AP-24Z-0072 and passengers.
Ex.A-3 Dt.04/01/2019 O/c of Notice, issued by the President,
District Consumer Information Centre,
Nalgonda, to the Opposite Party.
For Opposite Party:
Ex.B-1: Dt.02/09/2011 Attested copy of Circular No.51/2011-OPD(P)
issued by A.P.S.R.T.C.
Ex.B-2 Dt.26/12/2018 Attested copy of Statistical and Ticket
Accountal Record (STAR).
Ex.B-3 Dt.25/12/2018 Attested copy of Duty Control Chart.
Ex.B-4 Dt.26/12/2018 Attested copy of Duty Control Chart.
Ex.B-5 Dt.24/12/2018 Attested copy of Duty Control Chart.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
