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. 8 / 2003
MONDAY THE 22nd DAY OF AUGUST 2011.
P.S. Subrahmanian,
S/o. Sri Sabhesa Iyer,
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 Regional Transport Officer,
Tamil Nadu Government,
Vellore District.
Office of the R.T.O.,
R.T.O. Road, Sathuvachari,
Vellore-9.
3. 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 3.8.2011, in the presence of Thiru. R.J. Mohan, 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 parties 2 & 3 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 complainant along with his sister Mrs. Akila Rajan purchased the reservation tickets after paying Rs.10/- and later got into the point to point bus and purchased two tickets for the destination of Chennai on 8th December 2002. The complainant paid a sum of Rs.86/- only for getting down at the main road leading to Koyambedu – new bus-stand. The bus in which the complainant and his sister traveled stopped at Walajapet, Kaveripakkam Poonthamali and St.Thomas Mount. They got down at 10.20 a.m. The complainant after attending to his professional and other engagements wanted to return by the express bus (point to point) to Vellore. The complainant reached the newly constructed bus terminus at Koyambedu at 4.35 p.m. The complainant was informed that the Express Non-stop bus shall be leaving the bus stand at 5.15. p.m. Then the complainant got into the bus. He found the three seat corner seat was available in the middle portion of the bus and occupied the same. The conductor of the bus with a big moustache informed me that he will come to my seat to collect the fare. The number of the bus is T.N.23-1461. The conductor collected the fare of Rs.46.00 only and issued the tickets for Rs.40/- and Rs.6/- denominations. The number of the tickets are Rs.40/- bearing No.029207 and for Rs.6/- No.008999. The bus after the seating capacity of 59 was filled up left the place earlier at 5.05 p.m. The bus stopped in three places prior to reaching Poonamalee. The complainant was shocked to the see conductor calling the people who were standing on the pavement to get into the bus if they wanted to go to Vellore. The complainant protested strongly to the taking up of passengers even after the bus was full with the sitting passengers. But the conductor said that he was permitting the standing passengers only as per the instructions of his superior officers. At Poonamallee the bus stopped, the conductor again invite the people outside to board the bus for Vellore. There was very heavy rush and the passengers like me sitting in the corner of the rows of seats were the worst affected. The complainant could not move his limbs and was suffering even to breath. The complainant asked the conductor whether he was justified in issuing tickets for the commuters over the stipulated limit of sitting passengers of 59 plus the driver and conductor. The conductor looked at the complainant with a stern fact asking the complainant to keep quiet and mind his business. There were students of Women’s college at Wallajapet. When they got down again the conductor permitted the entry of more passengers to stand. There were more than seventy five standing passengers throughout the journey. The complainant was put to mental tension and physical discomfort of worst description.
2. The ordinary fare of Rs.40/- was enhanced to Rs.46/- in the case of Point-to-Point Express buses. The passengers are assured of reserved seats with no standing passengers. But in the bus the complainant traveled the standing passengers were more than the sitting reserved seats passengers. The reservation charges enhanced to Rs.5/- has to be reduced to Rs.2/- as before. The complainant issued a legal notice narrating all the above facts and also sought for the following information expecting transparence and accountability from the 1st and 2nd opposite party viz. 1. the name of the drivers of the aforesaid buses, the names of the conductors of these buses in which the complainant traveled on that day, the copies of the trip sheets mentioning the number of passengers who traveled in these buses with the serial numbers of the tickets sold within one week from the date of receipt of the said notice issued on 13.12.02 failing which face legal action at their cost and risk. The copy of the said notice was also sent to the 3rd opposite party herein. Even though the opposite parties have received the said notice they did not comply with the demand nor replied to the same. The journey made by him on the aforesaid date from Vellore to Chennai and from Chennai to Vellore in a point to point bus was horrible and that had caused mental agony and physical torture apart from lot of inconvenience to him while traveling in such an over crowded bus. Therefore the complainant prayed this Forum for directing the opposite parties to reduce the reservation charges from Rs.2/- to from Rs.5/- now collected and to pay a sum of Rs.2000/- for the mental agony, physical torture and lot of inconvenience caused to the complainant during his travel on 8.12.02 from Chennai to Vellore and from Vellore to Chennai due to the deficiency in service on the staff of the 1st opposite party and also on the part of opposite parties 2 and 3 and to pay a sum of Rs.500/- towards the cost of expenses incurred prior to filing this compliant by the complainant and to pay Rs.500/- being the cost of this compliant.
3. The averments in the counter filed by the 1st, 2nd and 3rd opposite parties are as follows:
The opposite parties denies each and every one of the allegations contained in the petition as false, frivolous, motivated and self-serving. Save any allegation that is specifically and categorically admitted by the opposite parties, the rest of the allegations are implicitly denied and the complainant herein is put to the strictest proof of them. The petition is bad for non-joinder of necessary parties and mis-joinder of parties and causes of action and is liable to be dismissed on these grounds alone. The 2nd and 3rd opposite parties are no way casually connected to these transactions in question and are unnecessary parties. But the complainant herein would drag them into these more for proving what he is capable of. Since they are not in anyway party to the transactions in question, nor are they vicariously liable for any tortuous act of the first opposite party, they be struck off the case and the complainant should be directed to pay costs. The complainant is bound to join the conductor and the driver of the bus as parties who are both necessary and proper parties to this complaint. Hence, they ought to have been joined as parties. The failure on the part of the complainant to do so, vitiate the petition. The complainant herein is habituated to filing this manner of self-engineered litigation projecting himself as a consumer activist and thereby delighting himself in the spin-off of publicity. The upward journey to Madras provides a distinct cause of action and it ought not to have been clubbed into the downward journey from Madras. Thus the complainant confounds the case by clubbing two separate causes of action into one petition. Already the complainant herein preferred a similar petition claiming to have been crushed by over crowded passengers in the bus when he occupied the so-called corner seat of the bus.
4. The allegations contained in para 1 to 3 of the complaint to the effect that he and his sister, one Mrs. Akila Rajan, traveled on a Chennai bound Corporation bus, and that the bus stopped at Walaja, Kaveripakkam, Ponnamalee and ST. Tomas Mount and he and his sister got off at Koyeambedu and cross over to reach Guindy Bus Stop etc. These are as irrelevant as they are pointless. The fact that Mrs.Akila Rajan did not choose to support him is proof that they suffered no hardship. There is no manner of verification of the claims that a person traveled on a particular bus as there is no such thing as a reservation chart containing the names of persons traveling on board a bus. The complainant is put to strict proof. The opposite parties denies the allegations contained in para-4 of the petition to the effect that he boarded a Vellore-bound bus at Chennai with registration number, TN-23,1461 and that he purchased the Tickets bearing Nos.029207 and 008999 and that the bus got filled to its seating capacity of 59 at its boarding point and yet the conductor yelled at persons standing on the pavement to get in and that it stopped thrice before reaching Poonamalee. The opposite parties denies further the allegations in para-4 of the complaint that there was quite a rush and crush inside the bus on account of about 75 standees being present therein. It is specifically denied that the passengers seated at the end seats were affected the worst, and that the complainant could not move his limbs and was suffocated and that he enquired of the conductor as to the justification for issuing tickets beyond the seating capacity and that the conductor replied him sternly and impolitely in the manner alleged in the petition. It is specifically denied that the complainant was put to mental tension and physical discomfort of the worst kind during his travel with the result the limbs of his body ached. The opposite parties vehemently denies the allegations contained in para-5 of the complaint to the effect that the bus is intended to got fast with only 2 to 3 alighting points in Chennai City and that it had stopped at all the places. It is specifically denied that the passengers on the bus are assured of reserved seats with no standing passengers. If this were to be the case, the corporation would become bankrupt in a matter of days. If one reserves a seat, he is provided with one. There is no assurance by the corporation that standees would not be taken on board. It is noteworthy that the standees too pay the same fare and undergo the ordeal of standing all the way to their destination. The corporation is not assuring its passengers a dreamboat luxury travel on its buses. The corporation provides the cheapest mode of transport to one and all, to the rich and the poor alike. The complainant seems to be under a misconception that the transport corporation is bound to provide the luxury of an airliner or an oceans-liner. At Rs.40 or 46 it is transporting the complainant to a distance of about 150 kms. Instead of being thankful to the Government and the Corporation for providing him with the cheapest means of transport, he is finding fault with it. The moralizing harangue in para-6 is both irrelevant and uncalled for. The complainant cannot challenge the validity of a GO by means of the application. Hence this complaint is to be dismissed in limini and with 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 Ex.A11 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 complainant contended that they purchased the reservation tickets after paying Rs.10/- and later got into the point to point bus and purchased two tickets for the destination of Chennai on 8. 12.02 at Vellore. The bus in which the complainant and his sister traveled stopped at Walajapet, Kaveripakkam, Poonthamalee and St Thomas Mount and they got down at 10.20 a.m. Again they reached Koyambedu at 4.35 pm and got into the bus No.TN.23-1461. The bus after the seating capacity of 59 was filing up left the place earlier at 5.05 p.m. The said bus stopped in three places prior to reaching Poonamalee. The complainant protested strongly to the taking up of passengers even after the bus was full with the sitting passengers. At Poonamallee the bus stopped, the conductor again invite the people outside the board the bus for Vellore. Again the bus was stopped at Women’s college at Wallajapet, when the passengers got down again the conductor permitted the entry of more passengers to stand. There were more than seventy five standing passengers throughout the journey. Therefore, the complainant was put to mental tension and physical discomfort of worst description. Further contended that the reservation charges enhanced to Rs.5/- has to be reduced to Rs.2/- as before. The journey made by him on the aforesaid date from Vellore to Chennai and from Chennai to Vellore in a point to point bus was horrible and that had caused mental agony and physical torture apart from lot of inconvenience to him while traveling in such an over crowded bus. Therefore the opposite parties committed deficiency in service to the complainants.
8. The opposite parties contented that there is no assurance by the corporation that standees would not be taken on board. It is noteworthy that the standees too pay the same fare and undergo the ordeal of standing all the way to their destination. The corporation provides the cheapest mode of transport to one and all, to the rich and the poor alike. The complainant seems to be under a misconception that the transport corporation is bound to provide the luxury of an airliner of an oceans-liner. The complainants did have a reasonably comfortable travel, as is evident from the factum of their completion of journey. It is further contended that based on the Government 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. Therefore the complainant cannot challenge the increase of reservation charges and bus fare before this Forum.
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 8.12.02 departure time 7.15. and non-refundable charge for Rs.5/- collected by the 1st opposite party for seat priority. The Ex.A3 to Ex.A6 bus tickets from Vellore to Chennai and Ex.A7 & Ex.A8 bus tickets from Chennai to Vellore issued by the 1st opposite party. Based on the seat priority tokens Ex.A1 & Ex.A2, the complainant and his sister were occupied the seats in the bus and completed their travel from Vellore to Chennai and from Chennai to Vellore on 8.12.02. According to the complainant that the point to point bus is expected to stop only in the particular place and not in places were the conductor wants. The contention of the opposite party that the point to point bus is subjected to some stops from Vellore to Chennai route and did not stop anywhere else.
10. Again, the complainant and his sister traveled from Chennai Koyambedu bus turning to Vellore on the same day at 4.30 p.m. According to the complainant, the bus stopped in three places prior to reaching Poonamalee. There were students of Women’s college at Wallajapet, when they got down again the conductor permitted the entry of more passengers to stand. There were more than seventy five standing passengers throughout the journey. Therefore the complainant was put to mental tension and physical discomfort. According to the 1st opposite party that there was no assurance by the corporation that standees would not be taken on the board. 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 careful perusal of the proof affidavit of both sides it is clear that the complainant and his sister have not suffered any inconvenience or discomfort while traveling the bus from Vellore to Chennai and Chennai to Vellore.
11. 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. Based on the Government order the 1st opposite party has increased the reservation charge. Therefore, it is clear that the complainant cannot challenge the increase of reservation charge of Rs.5/- before this Forum.
12. 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 A11, 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.
13. 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.
14. 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 22nd day of August 2011.
MEMBER-I MEMBER-II PRESIDENT.
List of Documents:
Complainant’s Exhibits:
Ex.A1 &}- 8.12.02 - X-copy of the reservation tickets No.092255 & 092256.
Ex.A2 }-
Ex.A3 to}- -- - X-copy of bus ticket.
Ex.A6
Ex.A7 & } -- - X-copy of Bus ticket.
Ex.A8 }
Ex.A9 - 13.12.02 - X-copy of Notice.
Ex.A10 - 13.12.02 - Certificate of posting receipt.
Ex.A11 - 23.12.02 - X-copy of letter by the Taluk Transport Officer, Vellore.
Opposite parties’ Exhibits:
Ex.B1- 5.12.01 - X-copy of G.O.Ms.No.1204.
MEMBER-I MEMBER-II PRESIDENT.
