1.The case of the complainant is that on 8.2.2014 he booked a ticket in the booking counter of O.S.R.T.C Sambalpur on payment of Rs.85/- from Sambalpur to Boudh.At the time of booking the said ticket he asked for giving concession being a disabled person. At that time of booking he had given all the documents issued by Transport Manager, O.SR.T.C Bhubaneswar i.e Identity card for the disabled person also the documents issued by Medical Officer,Boudh.After seeing all the documents the O.P. No1 issued a ticket to the complainant for sitting on a stool .The complainant filed this case against the O.Ps for deficiency of service and asked for compensation.
2. After being noticed the O.Ps appeared and filed counter. The case of the O.P No.1 is that he was working as booking clerk on 8.3.2014 and on the same day as the reserve seat for physically person were booked at Jharasguda he expressed his inability to give seat for physically challenged person. The O.Ps also admits that there is provision for seats physically challenged person as per the order of the Government. The O.Ps further prays that the case is not maintainable and prays for dismissal of the case.
3.The case of the O.P No.3 is that being a Regulatory Authority the case is not coming under the C.P.Act to render service and there is no allegation against him made by the complainant and pray for dismissal of the case.
4.The complainant filed documents like the voter identity card and also the ticket issued to him and the Identity card for disabled person issued by the Government of Odisha Commerce and Transport Department vide Identity card No.11/2011 and also the disabled certificate issued by the Dist. Medical Officer, Boudh.
5. The point for determination in this case whether the complainant is a consumer against the O.Ps and whether any deficiency of service and unfair trade practice has been caused by the O.P to the complainant..
6. There is no dispute between the parties that the complainant has travelled in the bus bearing No OR 15P 7522 by purchasing a ticket on payment of Rs.85/- from the O.P.No.1 for journey from Sambalpur to Boudh.As such the complainant is a consumer against the O.Ps.The O.P No.1 also admits that there is provision for seats for physically challenged person as per the order of the Government and further submits that the said seat was reserved earlier at Jharsguda.The ticket issued by him shows a seat sitting on a stool. The O.PNo.1 however allowed the complainant to travel in the bus by allowing him to sit on a stool which is purely deficiency of service and unfair trade practice made by him. He could have arranged a seat in the said bus even if not giving him concession. It is seen from the record that there is no documents to show that all the seats were filled up earlier and there is no seat .The Govt. of Odisha has given 100% concession to the physically disabled person. Vide No.TR/79/2012/6789 on dtd.30.10.2012.Also the complainant shows the identity card to the O.P.No.1 .The O.P No.1 did not provide him a seat rather allow the complainant to travel in the said bus on a stool on issuing a ticket by taking Rs.85/-. This shows deficiency of service made by him against the complainant. The O.Ps did not show any documents in support of his claim.
Taking into consideration of the case of the complainant and documents and the submission made by the parties, we allow the case of the complainant in part and direct the O.P No.1 to pay compensation of Rs.5000/-(Rupees five thousand) only towards compensation and cost of litigation to the complainant within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.P. No.1 for realization of awarded amount. The case against O.P.No. 2 and 3 is dismissed without cost.
Order pronounced in the open court under the seal and signature of the forum this the 19th day of February, 2015.
