Petitioner's case is as follows:

The petitioner boarded a KSRTC bus that ply between kottayam and Kumali on 26.5.08 from Sastri road. The petitioner gave a five hundred rupee note to the bus conductor for purchasing one ticket to travel from sastri road to 15^th mile. The bus fare for the said journey was Rs.12/-. According to the petitioner he had only a five hundred rupee note with him and therefore he could not give coins or notes equivalent to Rs.12/- even though the conductor demanded Rs.12/- instead of 500 rupee note. The conductor received the said 500 rupee note and issued the bus ticket after recording the balance amount of Rs.488/- on the same. When the bus reached the '14^th mile', the petitioner demanded the balance amount, but the conductor insisted for Rs.12/- in change. The petitioner again demanded the balance amount when the bus reached the “15^th mile” but the opposite party did not heed to his demand. The opposite party directed the petitioner to go to the KSRTC office and collect the balance. Due to the above mentioned act of the opposite party, the petitioner had to travel back to Kottayam KSRTC office so as to get the balance but he didn't get it.

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So the petitioner filed petition before the District Transport Officer and returned. After that the petitioner filed this petition claiming Rs.2250/- as compensation.

The opposite party entered appearance and filed version with the following main contentions.

1. The bus was to start at 12.30 p.m. but due to some engine mistakes, it started at 12.55 p.m. and there was only a few passengers in the bus.

2. Majority of the passengers were ladies and majority of them were travelling for low bus fares.

3. Since the conductor had no change with him, he requested the petitioner to pay the bus fare as Rs.12/- itself.

4. The petitioner gave a five hundred rupee note and asked the opposite party to record the balance amount on the ticket.

5. The District Transport Officer conducted investigation over the petitioner's complaint and sent balance Rs.488/- to the petitioner as money order.

So, the opposite party prayed to dismiss the petition.

Points for determination are:-

(i) Whether there is any deficiency in service or unfair trade

practice on the part of opposite parties.

2. Reliefs and costs.

Evidence consists of affidavit filed by the plaintiff and exhibits A1 to A3.

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Point No.1.

It is not in dispute that petitioner paid Rs.500/- towards fare charges. It is also not in dispute that the balance amount of Rs.488/- was not paid to the petitioner on 26.8.08. The bus ticket issued by the opposite party to the petitioner is marked as exhibit A1. The date seen on the A1 document is 27.5.06. It is admitted by the opposite party that the actual date is 26.5.06 and due to the error of the computer the date was printed as 27.5.06 instead of 26.5.06. The petitioner averred that he had to travel back to Kottayam from 12^th mile in order to get the balance amount. But all his efforts were in vain. Therefore the petitioner was required to file a petition before the District Transport Officer, Kottayam. The copy of the said petition dated 26.5.08 is produced and marked as exhibit A3.The opposite party submitted that he checked the factual position and directed to send the balance amount Rs.488/- after deducting the money order commission from the said amount. He further submitted that as per his direction the money order for the above mentioned amount was sent to the petitioner. The petitoner admitted that he received the balance on 30.5.08 after the deduction of money order commission from it.

There is a well known phrase that “if there is a will, there is a way”. In this instant case if the conductor had a genuine interest to give the balance amount there were somany ways to get change for the 500 rupee note. It is clear from the documents placed on record that no balance money was paid by the opposite party to the petitioner. Due to the act of the opposite party, the petitioner had to travel back to Kottayam on the same day spending bus fare for the to and for journey but got the balance only on 30.5.08 as money order. The money order charges were also collected from the balance amount of Rs.488/-. Taking into account the miseries,

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mental torture and mental discomfort suffered by the petitioner during his travel by bus we hold the opposite party deficient in service. Point No.1 is found accordingly.

Point No.2.

In view of the findings in point No.1. The petitioner is entitled for the reliefs sought for.

In the result it is ordered as follows:

The opposite party is ordered to pay Rs.1500/- to the petitioner as compensation.

This order will be complied with within one month of the receipt of the copy of this order.