IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 17th day of November, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No. 132/2023 (Filed on 08/05/2023)
Complainant : C.S. Rajan,
(Rtd Central Govt. Official)
Chalil House,
Peringalam,
Cholathadam P.O,
Kottayam – 686 582.
Vs.
Opposite parties : (1) The Chairman & Managing Director,
K.S.R.T.C,
Transport Bhavan,
Fort P.O,
Thiruvananthapuram 695 035.
(2) The Depot Manager,
K.S.R.T.C Pala Depot,
Pala P.O, Kottayam – 686 575.
(Both by Adv: V.L. Sebastian)
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under Section 35 of the Consumer Protection Act 2019.
The brief of the complainant’s case is as follows.
The complainant reserved two tickets for the journey along with his wife on 12/02/2023 from Thodupuzha to Bangalore by KSRTC SWIFT Bus. On the day of travel, complainant’s wife fell ill and the complainant contacted the KSRTC Booking office at Thodupuzha for the cancellation of the ticket of wife. As per their advice the complainant presented the ticket by 4.30 P.M on 12/02/2023. The counter staff informed that only 50% of the ticket charge will be refunded, and after scrutiny they informed that complainant had to cancel both the tickets. But complainant was not ready to cancel both the tickets. Then the counter staff suggested that in order to avoid the loss of entire fare of the ticket, the extra seat could be spared to any needy person approaching at the last moment.
When the complainant arrived for the journey at 9.30 pm, one passenger was waiting for going to Bangalore. The counter staff told that the available seat can be spared with him. Accordingly the complainant collected Rs.700/- from the passenger and he occupied the spare seat of his wife. While checking, the bus conductor asked for the wife of the complainant. The complainant explained to the conductor that the wife is sick and so her seat No. 26 was spared to the passenger Dhanusri as advised by the counter staff. The conductor was not convinced and exchanged angry words. The conductor issued a fresh ticket to the passenger Dhanusri and charged Rs.833/- on him. The bus with registration No. KL-15-A2357 started its journey to Bangalore. The conductor alleged that the complainant was selling KSRTC tickets illegally. The conductor checked the bus ticket and ID proof of the complainant. The complainant informed that he is a retired Central Government official, aged 75 years and there is no need for him to sell the KSRTC bus ticket. The conductor raised his voice and moved to the front side of the bus and shouted that he is the sole authority in the bus.
The complainant was humiliated by the conductor and refused to divulge his name. The conductor lacked basic instincts of etiquette and behaviour. The deficiency in service by the conductor is evident from his behaviour. The KSRTC had collected two fares for one ticket for the journey on the same day. Hence this complaint is filed for getting a refund of Rs.806/- for the unused ticket, an amount of Rs.20,000/- for the mental agony, Rs.20,000/- for the harassment and injuries, Rs.20,000/- for the deplorable and humiliating disrespect shown to the senior citizens, Rs.20,000/- for the deliberate attempt on the part of the conductor to project him as fraudster and criminal in front of co-passengers, Rs.10,000/- for the disregard to the dignity and status to the very Senior Government official along with Rs.6,000/- as cost for this litigation.
On admission of the complaint, copy of the complaint was duly served to the opposite parties. The opposite parties appeared and filed joint version.
The version of the opposite parties are as follows.
The complainant had reserved Seat No.25 and 26 for travelling from Thodupuzha to Bangalore in 2101 PLABNG SWIFT DELUXE BUS vide PNR No.K7922552 for the journey on 12/02/2023. Nishad K. Rasheed and Salvin T.M are the employees who had taken the said bus service. The complainant booked seat No.25 for himself and Seat No.26 for Omana K.N.
KSRTC has the facility to cancel the reservation of one or more passengers in a group ticket without changing the seat number of the remaining passengers. The complainant can present the ticket for cancellation and obtain a new ticket without any change in seat number and will get a refund of 50% ticket fare of the cancelled ticket. Without availing this facility the complainant sold seat number 26 to another intended passenger and collected fare from him. The ticket issued by KSRTC is non-transferable, and the complainant has no right to permit another person to occupy seat No.26 in the bus.
The opposite parties deny that the conductor insulted the complainant during journey. There was no misbehaviour on the part of the conductor and the crew have behaved with utmost self control and tried to convince the complainant of the fact. The opposite parties deny the allegation that KSRTC has committed fraud by collecting two fares for one seat for the journey on the same day. Since the person who booked seat No.26 was absent, the conductor allotted the seat to another passenger after issuing ticket. There are no defect/default/negligence or deficiency in service on the part of the opposite parties. The complainant is not entitled for any of the reliefs sought for in the complaint and the complaint is liable to be dismissed.
The complainant filed proof affidavit and marked documents Exhibits A1 to A3. The second opposite party filed proof affidavit on behalf of both the opposite parties and marked documents Exhibits B1 to B3.
On the basis of the complaint, version of the opposite parties and evidence adduced, we would like to consider the following points :
(1) Whether there is deficiency in service or unfair trade practice on the part of the opposite parties?
(2) If so what are the reliefs and costs?
POINTS :-
On going through the complaint, version of the opposite parties and evidence on record, it is clear that the complainant had travelled from Thodupuzha to Bangalore in KSRTC SWIFT DELUXE BUS with registration No. KL-15-A2357 on 12/02/2023. The complainant had booked two tickets with PNR No.K7922552, and reserved seat Nos.25 and 26 for his journey along with his wife. On the day of travel, the complainant’s wife was not able to travel and had not boarded the bus.
Ext A1 is the copy of the Reservation Ticket with PNR No.K7922552 issued to the complainant for the trip from Thodupuzha to BANGALORE with seat Nos.25 & 26 for a total amount of Rs.1,612/- with date of journey 12/02/2023.
Ext A2 is the copy of the bus ticket with No.00091025 for an amount of Rs.833/-. Exhibit. B2 is the copy of the reservation chart containing PNR No.K7922552, seat No.25 for Rajan C.S, (M). and seat No.26 for Omana.K.N, (F).
On perusal of Ext B2 reservation chart, it is clear that the seat No.26 was reserved for Omana.K.N (F). The conductor is duty bound to check the passengers and to confirm that the reserved passengers as per the Ext.B2 reservation chart were on board and occupied the concerned seats. It is the duty of the conductor to allot the vacant seat if any to any other passenger.
The complainant himself admits in the complaint that while he approached the KSRTC counter at Thodupuzha for cancellation of the ticket, they had informed that only 50% of the ticket fare will be refunded on cancellation of the ticket. The complainant was eligible to get only Rs.403/- if he had cancelled the ticket at the counter. The complainant himself admits that he had not tendered the ticket for cancellation at the KSRTC counter, at Thodupuzha. The complainant admits that he had collected Rs.700 /- from a passenger and had spared seat No.26 to him. The complainant had gained Rs.297/-more, than the amount which he ought to have received in cancelling the ticket at the KSRTC Counter. Even though the complainant claim that when arrived for the journey at 9.30 pm, one passenger was waiting for going to Bangalore and the counter staff told that the available seat can be spared with him, no evidence is adduced by the complainant to substantiate this contention. The complainant being a passenger has no authority to allot a seat in the KSRTC bus to another passenger by accepting consideration to his own choice. Section 2 (11) of the Consumer Protection Act 2019 defines “Deficiency” as any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes :
i. any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and
ii. deliberate withholding of relevant information by such person to the consumer;
Upon analyzing the entire facts of the case, it is clear that the complainant had booked the ticket for his journey on 12/02/2023 from Thodupuzha to Bangalore in the KSRTC Swift Bus, and the opposite parties had provided the promised service to the complainant. The complainant had the option to cancel the reservation of his wife at the KSRTC Counter at Thodupuzha and to collect 50% of the ticket amount. The complainant failed to use this option and to collect the 50% of the ticket fare from the KSRTC Counter.
We do not find any deficiency on the part of the conductor in discharging his official duty in checking the complainant and allotting the vacant seat to a passenger by issuing proper ticket. On the basis of the above discussion it is evident that the complainant failed to establish deficiency in service as per Consumer Protection Act 2019 on the part of the opposite parties. The complaint is liable to be dismissed.
The complaint is dismissed.
Pronounced in the Open Commission on this the 17th day of November, 2023
Sri.K.M.Anto, Member Sd/-
Sri.Manulal.V.S, President Sd/-
Smt.Bindhu.R, Member Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
A1 - Copy of Reservation Ticket with PNR No.K7922552
A2 - Copy of bus ticket with No.00091025 for Rs.833/- issued
to Dhanusri
A3 - Photo of KSRTC SWIFT Deluxe Air Bus No.KL-15-A2357
Exhibits from the side of Opposite parties :
B1 - Copy of Way Bill No.502305454 of Bus No.KL-15-A2357
12/02/2023
B2 - Copy of Reservation Chart of Bus No.KL-15-A2357
on 12/02/2023
B3 - Copy of Log Sheet of Bus No.KL-15-A2357 on 12/02/2023
By Order,
Sd/-
Assistant Registrar
