MR LAXMI NARAYAN PADHI, PRESIDENT… The factual matrix of case is that, the Complainant on Dt. 27.02.2016 at 08.30 AM boarded at Jeypore Bus stand the DAMANJODI TO RAIPUR bound Bus of OP.1 bearing Regn. No. CG04 E 3114 and purchased a ticket till his destination of Umerkote of Odisha. The conductor charged Rs.118/- for the Ticket. It is submitted that, the distance between Jeypore to Umerkote through the NH 201 and SH 39 is only 106 K.M. and the Bus being 2x2 non A.C. deluxe carrier, as per the rate fixed by the Govt of Odisha (Commerce and Transport Deptt. Vide his notification No. LC-TR- 48/2014-764 the fare should be Rs. 86.92 i.e. Rs.0.88 Ps x 106 KM, but the conductor charged exaggerated price of ticket causing wrong full loss to thousands of passengers taking the service of the carrier of OP.1 daily, thus accruing wrongful gain to their credit, which is arbitrary and unfair. It is further submitted that, the Complainant protested for this excessive fair, but the Conductor was relentless, rather boasting that the carriers of their organization is running throughout the country, through different RTOs and they are bear the wrath of these statutory authorities who are to be paid extraneously and that the fare in Odisha is not the same as Chhatisgarh, and they charge as per the rates prevailed in Chhatisgarh, the conductor further suggested he should get off the carrier, if he thinks it is from higher side and take another of his choice with low fair. The Complainant is a reputed person of the area, and through such unfair service of the OP. got humiliated inflicting great mental injury, which is beyond any cardinal assessment, but requires the complaint be allowed with cost and compensation. The complainant further submits that, the OP.2 and 3 being the statutory authority to superintend the service providers and transports adhere to the provisions of law in public, for their failures depriving the subjects under their jurisdiction get fair and statute sanctioned service and remain passive spectators of the incidences of plundering of the innocent and helpless passengers as present by the OP.1 like service providers is also a deficiency in service, and which attributes gross unfair, for which, both the Opp. Party members are jointly and severally, ostensibly and vicariously liable and the Complainant is to be adequately compensated by the Opp. Parties. Hence he prayed the Forum to allow the above claims and to direct the OP.s to pay a sum of Rs.90,000/- as compensation, 50% of which may be deposited in the consumer welfare fund of Odisha and Rs.5,000/- towards cost of the litigation for such arbitrary, highhanded and unfair practices on the part of OP.s.
2. The counsel for OP.1 though appeared but failed to file any counter in the case despite allowing adequate chances in its admission. Hence the OP.s set ex parte as per provisions envisaged in C.P.Act.1986. The complainant has filed copy of relevant papers. The complainant & counsel for OP.1 together minutely heard the case and perused the record.
3. The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.
4. From the above submissions, it reveals that the complainant on Dt. 27.02.2016 at 08.30 AM boarded at Jeypore Bus stand from DAMANJODI TO RAIPUR Bus of OP.1 bearing Regn. No. CG04 E 3114 and purchased a ticket till his destination of Umerkote. The conductor charged bus fare Rs.118/-. It is submitted that, the distance between Jeypore to Umerkote through the NH 201 and SH 39 is only 106 K.M. and the Bus being 2x2 non A.C. deluxe carrier, as per the rate fixed by the Govt of Odisha, Commerce and Transport Deptt. Vide its notification No. LC-TR- 48/2014-764 the fare should be Rs.86.92 i.e. Rs.0.88 Ps x 106 KM, but the conductor charged exaggerated price of ticket causing wrong full loss to thousands of passengers taking the service of the carrier of OP.1 daily, thus accruing wrongful gain to their credit, which is arbitrary and unfair. The conductor further suggested the complainant that he should get off the carrier, if he thinks it is from higher side and take another of his choice with low fair. The complainant being humiliating suffered from mental agony for the relentless and abusing behavior of conductor, hence inflicted financial losses, hence he craves the leave of this forum and prayed for exemplary compensation.
5. We have noticed that, the instant case was lodged on dt.04.5.2016 and notice has been issued to the OP.s vide this office/forum memo no.223 but despite receiving notice of this forum the OP failed to take any steps to settle the matter of complainant and there is nothing doubt in the contentions of complainant unless filing, counter and evidences by the OP, hence we feel that the action of OP is illegal, highhanded, arbitrary and unfair which amounts to gross negligence and deficiency in service, hence found guilty under the provisions of the C.P.Act 1986, hence the complainant is lawfully entitled for compensatory relief.
As thus the complaint is allowed against OP.1 with costs. O R D E R
i. The opposite party no.1 supra is hereby directed to pay the excess price of Rs.31/- (Rupees thirty one) inter alia, to pay Rs.20,000/-(Twenty thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.
ii. The directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 20th day of Oct' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR
