Date of Filing: 13.01.2010<br /> Date of Order: 26.06.2010<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 26TH DAY OF JUNE 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 74 OF 2010<br /> <br /> Sri Vasudevarao R. Kulkarni,<br /> “Vekateshwara Nilaya”<br /> No.565/A, Vivekananda Road,<br /> 1st Main Road, 6th Cross,<br /> T.Dasarahalli, Bangalore-57. Complainant<br /> <br /> <br /> V/S<br /> <br /> Divisional Controller,<br /> K.S.R.T.C.<br /> Subashnagar Bus Stand,<br /> Bangalore-9. Opposite party<br /> <br /> ORDER<br /> <br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are that, the complainant has booked one seat for himself with the opposite party. The reservation ticket is produced, Date of Journey on 29-12-2009, starting place is Thirukoilur and end place is Bangalore, Departure time 22:15. The complainant when reached the bus stand of Thirukoilur 3 buses of the opposite party were available at the bus stand, the complainant showed the ticket to the conductors of the said busses and they told the reservation ticket does not pertained to their buses and they did not allow him to travel in their bus. The ticket which he had purchased had shown departure time 22:15, the complainant waited up to 22:15 at the bus stand, but the bus did not arrive to the bus stand. Therefore, he traveled in the bus of Channapatna Depot by paying Rs.91/- fare and reached Bangalore. The complainant submitted that he had no money to purchase the ticket and took the money from co-passenger and in this way he suffered mental agony and inconvenience. The complainant prayed grant of Rs.2,000/- as compensation for the inconvenience and harassment caused to him from the opposite party. <br /> 2. The opposite party has filed defense version stating that, the complaint is not maintainable. The opposite party admits the reservation of ticket by the complainant from Thirukoilur to Bangalore on 29-12-2009 at 22:15 pm. On the said date KSRTC bus took its journey to Bangalore as per its schedule time and reached as per its scheduled time. But, the complainant was not present in the KSRTC Bus Stand. Hence, he can not blame the opposite party. The complainant can not claim any relief at the hands of Hon’ble Forum. The opposite party has prayed to dismiss the complaint. <br /> 3. The complainant has filed Affidavit evidence and documents. The opposite party has not produced any documents in support of their defence. <br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> 1. Whether the complainant has proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainant is entitled for compensation for mental agony and inconvenience? <br /> <br /> REASONS<br /> 6. The complainant has not engaged lawyer. He argued the case in person. The complainant has produced reservation ticket. As per this ticket the date of journey is 29-12-2009. Start place is Thirukoilur and end place is Bangalore. Departure time is 22:15 and fare collected by the complainant is Rs.88/- The complainant submitted in the affidavit that he reached Thirukoilur bus stand well in time and 3 buses were available their the conductors and drivers informed him that the reservation ticket does not pertain to their busses and they did not allow him to travel the said busses. The bus did not come to this Bus Stand at 22:15 hours. He waited upto 22:37 hrs in the bus stand, without alternative he boarded Channapatna Depo Bus by paying Rs.91/- as ticket fare and reached Bangalore. The complainant has also produced ticket purchased by him of Channaptna Depo Bus, which is the said ticket is 29-12-2009, express bus Thirukoilur to Bangalore. From the ticket produced by the complainant is very clear that the reservation ticket was not used because the particular bus did not arrive to the Bus stand at departure time 22:15 pm as mentioned in the ticket. It is also cleared that the complainant traveled by paying Rs.91/- through Channapatna Depo bus. The complainant had also lodged complaint to the opposite party at Bangalore on the letter head of the KSRTC maintain for giving complaints and suggestions. The complaint has produced carbon copy of his complaint given to KSRTC. By the documents produced by the complainant it is very cleared that the opposite party has committed deficiency of service in not maintaining the departure schedule of reserved bus. The opposite party has further committed deficiency of service in not allowing the complaint to travel in other 3 buses which were available at Thirukoilur bus stand. The complainant had been put to loss and mental agony and inconvenience. He traveled by paying Rs.91/- as ticket fare by Channapatna Depot Bus. All these things clearly cause mental agony inconvenience to the complainant. The opposite party has not produced any documentary evidence like Trip Sheet etc., to show that the schedule bus had reached Thirukoilur Bus stand on right time 22:15 hours. In the absence of any documentary evidence it is very clear that the opposite party has guilty of deficiency of service. The complainant being a consumer his interest requested to be protected. The complaint suffered mental agony, he had taken hand loan from the co-passengers to purchase the ticket and this is really shocking. Therefore, definitely the complainant is entitled for the compensation to all the inconvenience and mental agony caused to him. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 7. The complaint is allowed. The Opposite party is directed to pay compensation of Rs.2,000/- to the complainant within 4 weeks from the date of this order. In the event non compliance of order the said amount carries interest at 6% p.a. from the date of this order till payment / realization. <br /> 8. The complainant is also entitled for Rs.500/- as cost of the present proceedings from the opposite party. The opposite party is directed to send amount as ordered above directly to the complainant by way of cheque / DD with intimation to this Forum. <br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 26TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings <br /> MEMBER MEMBER <br /> <br />