1. The complainant’s case in brief is that on 16.11.2015 he purchased an advance ticket for two persons on payment of Rs. 992/- vide ticket no. AHE65059 and PNR No. 02729560 for travelling from Malkangiri to Bhubaneswar in Motu-Bhubaneswar Hi-Tech bus for 17.11.2015 and the departure time was mentioned as 10.30 A.M.  It is alleged that on 17.11.2015 he reached at the Bus stand much earlier but found the said bus was already left the bus stand at 9.00 A.M and to get the said bus, he followed bus for about 20 K.Ms but failed and reported the said matter to the ATM, Malkangiri.It is also alleged that due to failure to get the said bus, he preferred another bus from Govindapally i.e. Chitrakonda to Cuttack and reached at Bhubanewar with much difficulties.Thus alleging deficiency in service, he filed the present case with a prayer to direct the O.Ps to refund the cost of ticket of Rs. 992/- and to pay Rs. 50,000/- and Rs. 10,000/- towards compensation and costs of the litigation to him.

2. On the other hand, the O.Ps have appeared in this case through their Ld. Counsel and filed their counter denying their liability, have stated that since the complainant has not mentioned anywhere in his complaint petition regarding the identification of the concerned bus number, as such they do not have any liability.  Further they have contended that the complainant has not produced any documentary evidences in regard to his allegations, as such denying their liabilities with other contentions, they have prayed to dismiss the case against them.

3. Complainant has filed certain documents like :

1. Xerox copy of ticket bearing no. AHE65059 dated 16.11.2015
2. Xerox copy of complaint made to ATM, OSRTC, Malkangiri dated 17.11.2015.
3. Xerox copy of letter vide memo no. 968/dated 17.11.2015 issued by ATM, OSRTC, Malkangiri in favour of the Madhusudan Mandal.
4. Xerox copy of Ration Card bearing no. B 418600.
   
   whereas, the O.Ps did not choose to file any documents in support of their contentions.

4. In the instant case, it is an admitted fact that on 16.11.2015 the complainant purchased one ticket on advance for his journey on 17.11.2015 from Malkangiri to Bhubaneswar vide ticket no. AHE65059 and PNR No. 02729560 from the O.P. No.3 and paid Rs. 992/- for the ticket. Complainant filed document to that effect.  It is also an evidentiary fact the due to early departure of the alleged Bus instead of its schedule time, the complainant failed to get the bus and for that he lodged a complaint to the O.P.No.3 on the same day at about 10.30 A.M.  Complainant filed documents to that effect and the said complaint was received and acknowledged by the O.P. No. 3.  It is also an evidentiary fact that the O.P.No.3 has communicated the said complaint to his higher authority on the same day.  Complainant also filed document to that effect.  Whereas the only contentions of O.Ps is that since the complainant has not mentioned the concerned bus number, as such the allegations of complainant is false and they have asked for the documentary evidence from the complainant.

5. In the present case in hand, the complainant filed all the relevant documents to prove his submissions, whereas the O.Ps have not filed any single document in support of their contentions and we feel, the O.Ps have not gone through the documents filed by Complainant.  Further it is found that the documents filed by the complainant are also in the knowledge of O.Ps, as the same were acknowledged by the O.P.No.3 and received by the O.P. No. 1 & 2, hence asking for further documentary evidences from the complainant by the O.Ps, is totally baseless.

6. From the documents available in the record, it is well established that on 16.11.2015 complainant had purchased one advance ticket for Rs. Rs. 992/- vide ticket no. AHE65059 and PNR No. 02729560 for travelling from Malkangiri to Bhubaneswar in Motu-Bhubaneswar Hi-Tech bus for 17.11.2015 and the departure time was mentioned as 10.30 A.M, but the alleged bus left the bus stand at an early time of 9.00 A.M., whereas it was the duty of O.P.No.3 to check such type of unlawful act of the driver and conductor of the alleged bus, as the concerned driver and conductor have left the alleged bus without checking the numbers of passengers who have booked tickets from the counter of OSRTC for their journey, and for such act of the concerned driver and conductor, the O.P.No.3, being the local authority, is fully liable to compensate the complainant. 

7. We feel, had the O.P.No.3 taken proper checking system for such type of irregularities made by the driver and conductor, than the complainant would not have faced any difficulties on the days of incident, for which the complainant was compelled to lodge the complaint with the O.P.No.3.  From the above facts and circumstances, we feel, definitely the complainant must have suffered mental agony and financial loss as well as physical harassment, which compelled the complainant to seek redress before the Fora by incurring some expenses, hence we feel complainant deserves to be compensated by the Opp. Parties.  Hence this order.

ORDER

        The complaint petition is allowed in part.  O.P. No. 3 is herewith directed to refund the costs of the alleged ticket to the complainant with interest @ 6% per annum alongwith Rs. 3,000/- towards compensation towards causing mental agony and physical harassment and Rs. 2,000/- towards costs of litigation to the complainant within 30 days from the date of the receipt of the order, failing which, the costs of alleged ticket will carry interest @ 10% per annum from 16.11.2015 till payment.

        Pronounced the order in the open Forum on this the 6^th day of August, 2018.

        Issue free copy to the parties concerned.