BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC. 65 / 2002 MONDAY THE 27th DAY OF SEPTEMEBR 2010. 1. P.S. Subrahmanian, S/o. Sri Sabesa Iyer, 2. Santha Subramanian, Both are residing at No.1 (Old No.47) TNHB, Muruganadi Sathuvachari, Vellore – 9. … Complainant. - Vs – 1. The Tamil Nadu State Transport, Corporation, rep by its Managing Director, Rangapuram, Vellore – 9. 2. The Secretary, Ministry of State Transport Govt. of Tamil Nadu, Fort St. George, Chennai – 9. … Opposite parties. . . . . This petition coming on for final hearing before us on 21.9.2010, in the presence of Thiru. J. Balamurugan, Advocate for the complainant and Thiru. A. Kamalanathan, Advocate for the opposite party No.1 and Thiru. T.A. Md. Akbar Basha, Advocate for the opposite party-2, and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainants are permanent residents of Vellore. They used to travel from Vellore to Chennai by point to point buses and then return back to Vellore from Chennai to Vellore. The reservation charge for this was originally Rs.2/- per seat and it was suddenly increased from Rs.1 to 2/- even though the passengers objected to this increase. The bus fare from Vellore to Chennai one year back was Rs.27/-. Four months back the State Government announced increase of bus fare from Rs.27/- to Rs.46/- on the pretext of increase in the prices of Petrol and other petroleum products, increase in wages to workers and other administrative expenses. But when these increases are not applicable to reservation charges it is not know why it has been increased from Rs.2/- to Rs.5/-. Hence the increase for reservation charges is uncalled for, arbitrary, illegal and unjust and opposed to public policy. The complainants reserved two seats at the point to point in Chennai bound express on 1.2.02 at the Vellore bus stand for them for the journey on 3.2.02 at 5.a.m bus. At that time Rs.10/- for two seats was collected for reserving two seats. The registration numbers are 83515 and 83615. The seats allotted were 27 and 28. The route No. was 102. The figure Rs.2/- in the reservation tickets were erased (but not properly) and in ink it was written as Rs.5/-. On 3.2.02 the complainants got into the bus at 4.45 a.m.. The bus left at 5.05. a.m. The conductor issued the tickets bearing Nos.39777 and 39778 and collected the fare of Rs.92/- for two tickets. (Rs.46/- each). 2. Then after finishing their work the complainants returned to Vellore from Chennai boarding 2.10. p.m. but at the moffusil bus stand at Broadway on the same day i.e. 3.2.02. When the complainants occupied their seats the fare was collected at Rs.40.50. The tickets issued bore Nos.51589 and 51590. The bus No. is TN.23 N.1349. The bus left the stand at 2.20 p.m. on the way the complainants were shocked to note that the bus which was supposed to stop only at Poonamallee for taking passengers were shocked to note that the bus which was supposed to stop only at Poonamallee for taking passengers only if there were vant seats allowed the passengers to get into the bus and allowed them to stay in other places and accommodated standing passengers also. The permitted capacity of the bus was only 59. But more than 20 passengers were standing and fares were collected from them. The conductor a middle aged man ignored the protests of the sitting passengers. The bus stopped at Walaja and some more passengers got into it. The bus reached Vellore at 5.46.p.m. when the usual time was 4.45. p.m. Then the complainants demanded refund of Rs.6/- and Rs.3/- being the reservation charges collected from each of them. They also demanded compensation for the physical torture, mental agony and lot of inconvenience underwent by them during the journey. The complainants have also issued a registered lawyer’s notice dt. 15.2.02 to the opposite parties called upon to pay compensation in a sum of Rs.2000/- for the mental agony etc. caused to them and also refund of the fare collected from them. Though the said notice was received by the opposite parties so far they neither complied with the demand for nor replied to the same. Therefore the complainants pray for directing the opposite parties to reduce the reservation charge to Rs.2/- from Rs.5/- now collected, and to pay the sum of Rs.2000/- for the mental agony, physical torture and other inconveniences caused to the complainants during their travel on 3.2.02 from Chennai to Vellore and from Vellore to Chennai and to pay a sum of Rs.500/- towards the cost of the expenses incurred prior to the filing of this complaint and to pay a sum of Rs.500/- towards the cost of this complaint. 3. The averments in the counter filed by the 1st opposite party is as follows: The opposite party denies the allegations contained in the complaint filed on behalf of the complainants as blatantly false, grossly exaggerated, calculatedly self-serving and pretentious. Save any allegation that is specifically and categorically admitted by the opposite party. The rest of the allegations are denied. The complainants are put to the strictest proof of the allegations. The 2nd opposite party herein is neither a proper nor necessary party to this complaint. The complainants have unnecessarily impleaded him as a party more in order to magnify their importance than for any other purpose. The allegations in para-1 of the complaint have little relevance as every one uses public transport to serve one’s need and that fact in all the previous trips, the complainants were not inconvenienced is proof that the opposite party corporation is keeping high standards of passenger comfort. The allegations in para-2 of the complaint to the effect that the hike in the reservation charges are not pertinent. It is in consequent of the governmental policy of hiking the reservation charges in G.O.Ms.No.1177 dt. 29.11.01 and in G.O.Ms.No.1204 dt. 5.12.2001 that the reservation charges were hiked to Rs.5/-. The 1st opposite party merely implemented the order of the government. The grievance of the complainants that the increase in the reservation charge is exorbitant or arbitrary etc. are not within the four corners of a consumer dispute. As such, they are immaterial, irrelevant and not germane to the issues triable by this Forum. The Prolix and meandering allegations in para-2 are confounded. Since the complainants onward travel did not pose any alleged inconvenience, it is beside the point to discuss it. The bus that the complainants traveled by were a Point-to-point bus subject to stops anywhere else. Any allegation to the contrary is untrue. However, the bus took on standing passengers numbering 10 upto Walaja. This is a normal occurrence on any given bus. As the Madras route is almost solely operated by the State-run transport, it is obliged to take on a minimum number of passengers without inconveniencing the other travelers. The opposite party denies the allegations contained in para-4 of the complaint to the effect that more than 20 passengers were standing during their travel from Chennai. One has to acknowledge the fact that ours is an over-populated country spilling with homo sapiens all round. It may happen that in crowded occasions one may experience some pushing and leaning etc. One has to take it in his stride, and treat it philosophically tolerantly. One cannot expect the pampered comfort of executive class of air travel on a mundane Chennai-bound Corporation bus. The bus never advertised about luxury of such travel. 4. Had it been a fact that the complainants herein were subjected to inconvenience-mental and physical agony by a co-passenger, he could have complained to the Conductor, who would have attended to it. The fact that he had not chose to do so is indicative of the fact that no such thing at all happened. It is false to state that the conductor, a middle-aged man ignored the protests of the seated passengers. The complainants did have a reasonably comfortable travel, as is evident from the factum of their completion of their journey. The demand of the complainants for the refund of the reservation charges, compensation for the alleged physical torture and mental agony because of the inconvenience allegedly sustained by them during their travel are entirely unsustainable. Therefore this petition is to be dimissed with exemplary costs. 5. Now the points for consideration are: a) Whether there is any deficiency in service, on the part of the opposite parties? b) Whether the complainants are entitled to the reliefs asked for?. 6. Ex.A1 to ExA9 were marked on the side of the complainants and Ex.B1 was marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 7. POINT NO. (a): The complainants contended that they reserved two seats at the point to point in Chennai bound express on 1.2.2002 at the Vellore Bus stand for them for the journey on 3.2.02 at 5.a.m bus. At that time Rs.10/- for two seats was collected for reserving two seats. The registrations Nos. are 83515 & 83616. The seats allotted were 27 and 28. The route No. was 102. On 3.2.02 the complainants got into the bus at 4.45 a.m. The bus left 5.05 a.m. The conductor issued the tickets bearing No.39777 and 39778 and collected the fare of Rs.92/- for two tickets. (Rs.46/- each). Thereafter, the complainants returned to Vellore from Chennai boarding 2.10 p.m. bus at the moffusil bus stand at Broadway on the same day i.e. 3.2.2002. when the complainants occupied their seats in the bus No.TN23N1349, the fare was collected at Rs.40.50 and tickets were issued N1349. The bus left the stand at 2.20 p.m. On the way, the bus which was supposed to stop only at Poonamallee for taking passengers only if there were vant seats, allowed the passengers to get into the bus and allowed them to stay in other places and accommodated stating passengers also. The bus stopped at Walaja and some more passengers got into it. The bus reached Vellore at 5.46 p.m. when the usual time was 4.45. p.m. Therefore, the opposite parties committed deficiency in service to the complainant. 8. The opposite parties contended that the complainants were not inconvenience in the bus but the complainants have admitted that they have occupied seats and completed the journey. The complainants have a reasonably comfortable travel as is evident from the factum of their completion of journey. Therefore there is no deficiency in service on the part of the opposite parties. 9. From the perusal of Ex.A1 & Ex.A2 seat priority tokens issued by the 1st opposite party it is mentioned that the date of travel on 3.2.02, departure time 5.00 and charge for Rs.5/- collected by the 1st opposite party for seat priority. Ex.A3 & Ex.A4 bus tickets from Vellore to Chennai, Ex.A5 & Ex.A6, bus tickets from Chennai to Vellore issued by the 1st opposite party. The contention of the complainants that the point to point bus is excepted to stop only in particulars places and not in places where the conductors wants and to reach Chennai in time. According to the 1st opposite party that the point to point bus is subjected to some stops from Vellore to Chennai route and it did not stop anywhere else. Based on the Ex.A1 seat priority tokens, the complainants were occupied the seats No.83615 and 83616 and completed his travel from Vellore to Chennai and from Chennai to Vellore on 3.2.02. The opposite party admitted that some standing passengers were allowed to travel upto Madras and in such cases sitting passengers are not made any inconvenience at any point of time. According to the 1st opposite party that now a days passengers are obliged to pay the point to point bus fair by standing travel upto Madras and being the public utility service, the requirements of the passengers are also essential in order to run the bus at Madras route. In such cases sitting passengers are not made any inconvenience at any point of time From the perusal of the proof affidavit of both sides it is clear that the complainant has not suffered any inconvenience caused to the complainant during his travel from Vellore to Chennai and from Chennai to Vellore. 10. Regarding the increase of reservation charge the 1st opposite party contended that based on the Government Policy the hiking of reservation charge under G.O.Ms.No.1177, dt. 29.11.01 and G.O.Ms.No.1204 dt. 5.12.01 accordingly the 1st opposite party implemented the order of the Government about the increase of reservation charge. Based on the Government order the 1st opposite party has increased the reservation charge. Therefore the complainant cannot challenge the increase of reservation charge of Rs.5/- before this Forum. 11. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the both the parties, and from the documents Ex.A1 to A9, and Ex.B1, we have come to the conclusion that the complainants herein have not clearly proved the deficiency in service on the part of the opposite parties herein. Hence we answer this point (a) as against the complainants herein. 12. POINT NO : (b) In view of our findings on point (a), since, we have come to the conclusion that the complainants herein have not clearly proved the deficiency in service on the part of the opposite parties herein. We have also come to the conclusion that the complainants are not at all entitled to any relief asked for by them, in this complaint. Hence we answer this point (b) also as against the complainant herein. 13. In the result this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 27th day of September 2010. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1 & - 1.2.02 - X-copy of the receipt for reservation tickets issued by the Ex.A2 1st opposite party for Rs.5/- Ex.A3 & - 3.2.02 - X-copy of two tickets from Vellore to Chennai. Ex.A4 Ex.A5 & - 3.2.02 - X-copy of two tickets from Chennai to Vellore. Ex.A6. Ex.A7 - 15.2.02 - X-copy of registered notice issued by the complainant to The opposite parties. Ex.A8 - 6.2.02 - Ack. Card. Ex.A9. -15.2.02 - Receipt for Rs.24/- Opposite parties’ Exhibits: Ex.B1- 5.12.01 - X-copy of Government Order. MEMBER-I MEMBER-II PRESIDENT.
| | [ Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[ Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
