Tamil Nadu

StateCommission

A/97/2023

R.Kumar, Conductor & Anr. - Complainant(s)

Versus

K.Balasubramaniam S/o M.Kandasamy & 3 Others - Opp.Party(s)

M/s Rajalakshmi

28 Apr 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No.97 of 2023

(Against the Order passed in C.C. No.18 of 2019 dated 30.11.2022 on the file of the D.C.D.R.C., Namakkal)

 

Dated the 28^th day of April 2023

1. R. Kumar,

CR-4255, Conductor,

Tamil Nadu State Transport Corporation,

Salem Division,

Namakkal Branch II,

Namakkal.

 

2. The Deputy Manager (Commercial),

Tamil Nadu State Transport Corporation,

Upto (Salem Division),

No.12, Ramakrishna Salai,

Salem – 7.                                                                                                               .. Appellants/ Opposite Parties 1 & 2.

 

- Versus –

1. K. Balasubramaniam,

S/o. Mr. M. Kandasamy,

No.126/4, Rayal Nagar,

Seetharam Palayam Post,

Tiruchengode – 9.

 

2. Mr. Subbarayan,

Secretary,

Tamil Nadu User Association,

No.40 B1, Senthamangalam Salai,

Namakkal – 1.                                                                                              .. Respondents 1 & 2 / Complainants 1 & 2.

3. The District Transport Office,

Salem West,

Kandampatti Post,

Salem – 5.

 

4. The Regional Transport Officer,

Tiruchengode – 14.                                                                                                          .. Respondents 3 & 4 / Opposite parties 3 & 4.                          

Counsel for Appellants /

Opposite parties 1 & 2                 :  M/s. S. Rajalakshmi

 

Counsel for the 1^st Respondent /

1^st Complainant                          :   M/s. S. Mayilnathan     

                                                               

2^nd Respondent /2^nd Complainant :   Notice served

 

Respondents 3 & 4 /

Opposite parties 3 & 4                :   Given up

       

                The 1^st Respondent as 1^st complainant had filed a complaint before the District Commission against the opposite parties praying for certain directions. The District Commission had passed an ex-parte order, allowing the complaint. Against the said ex-parte order, this appeal is preferred by the opposite parties 1 & 2 praying to set aside the order of the District Commission dt. 30.11.2022 in C.C. No.18/2019.

 

                This petition came before us for hearing finally, today.  Upon hearing the arguments of the counsel appearing for appellants, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

 

ORDER

 

JUSTICE R. SUBBIAH ,  PRESIDENT  (Open court)

 

1.     The opposite parties 1 & 2 before the District Commission are the appellants herein.

2.     The case of the 1^st complainant before the District Commission is that, the 1^st complainant and his wife travelled from Tiruchengode to Erode on 03.02.2018 at about 01.10 p.m. in the Tamil Nadu Transport Corporation (Salem Division) bus bearing Registration No.TN 30 N 1231.  The bus conductor collected Rs.15/- each as bus fare for the 1^st complainant and his wife.  But the distance between Tiruchengode to Erode is 21.5324 kms.  As per the G.O. Ms. No.34, Home (Transport-VII), 28.01.2018 the ordinary bus fare for 1 km is fixed as .58 paise.  Thus, the bus fare works out to Rs.12.49 paise for 21.5324 kms which is rounded off to Rs.13/-.   Further, there is a cess of Re.1/- as per G.O. Ms. No.34, Home (Transport-VII) dt.19.01.2018 for the bus fare upto Rs.25/-. Therefore, the conductor who is supposed to have collected Rs.14/- each as bus fare from the complainants had collected Rs.15/- for each.  The act of the 1^st opposite party had caused great mental agony to the 1^st complainant.  Hence, the 1^st complainant sent notices dt.23.02.2018 to the opposite parties but they sent reply with false and vague allegations.  Thus, alleging deficiency of service on the part of the opposite parties, the 1^st complainant has filed the complaint before the District Commission claiming refund of the excess amount of Rs.1/-, Rs.1,00,000/- towards compensation for mental agony and Rs.3,00,000/- towards penalty to the Consumer Welfare Fund for the deficiency in service on the part of the opposite parties  with cost of Rs.10,000/- to the complainant. 

 

3.     The opposite parties 1 to 4 were set exparte before the District Commission for non-filing of written version.  Consequently, the District Commission passed an ex-parte order directing the opposite parties 2 to 4 jointly and severally to refer the related Government Gos. and calculate the bus fare for the travel between Tiruchengode to Erode and submit a report to the Commission within 2 months from the date of receipt of the order and on failure to submit the report, a sum of Rs.10,00,000/- should be paid as penalty to the Consumer Welfare Fund and to refund the excess amount of Re.1/- collected from the 1^st complainant and to pay a sum of Rs.25,000/- towards compensation for mental agony with cost of Rs.5,000/- along with 9% interest to the complainants.

4.     Aggrieved over the said order, this appeal is preferred by the opposite parties 1 & 2, praying for setting aside the order and for a chance to contest the case on merits. 

 

5.     Before this Commission, the counsel for the appellants/opposite parties 1 & 2 submitted that there is no deficiency of service on the part of them and that they have got valid defence and a fair chance of succeeding the complaint.  Further, the appellants/opposite parties 1 & 2 submitted that the Counsel for the opposite parties 1 & 2 appeared before this Commission and sought for time to file a version but the District Commission declined to grant time and set the opposite parties 1 & 2 exparte for non-filing of written version.   Thus, the Counsel for appellants/ opposite parties 1 & 2 submitted that it is not the case as though the appellant / opposite parties 1 & 2 failed to appear before the Commission and thus prayed to set aside the exparte order of the District Commission and to grant an opportunity to contest the case on merits.

 

6.     When the case had come up before this Commission on 21.04.2023, after hearing the submission of the appellants and 1^st respondent, this Commission had felt that there is some force in the arguments of the counsel for the appellants/opposite parties 1 & 2 and therefore, in order to give a chance to the opposite parties 1 & 2 to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the opposite parties, in not appearing before the District Commission, we imposed a cost of Rs.3,000/- to be paid to the Legal Aid Account of the State Commission on or before 27.04.2023.  Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law. 

 

In the result, the appeal is allowed by setting aside the order of the District Commission, Namakkal, in C.C. No.18/2019 dt.30.11.2022, and the matter is remanded back to the District Commission, Namakkal, for fresh disposal according to law and on merits after hearing both sides.

The District Commission is directed to dispose of the complaint on merits within three months after hearing both parties as expeditiously as possible as per law.  

 Both parties shall abide by the order of the District Commission regarding the mandatory deposit already made by the appellants / opposite parties 1 & 2 before this Commission.

 

 

 

   R  VENKATESAPERUMAL                                                                                            R. SUBBIAH

                 MEMBER                                                                                                            PRESIDENT

 

 

Index :  Yes/ No

 

 

KIR/SCDRC/Chennai/Orders/April/2023