CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 23rd day of July, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 05/06/2012
CC /97/2012
C.Krishnadas,
Health Inspector,'Punarnava',
N.H.Road, Thrippalur,
Erimayur P.O, Palakkad-678 546. - Complainant
(BY ADV.M.Raveendran) Vs
N.P.Ajithkumar (Bus Owner),
S/o.N.S.Padmanabhan, 'Aiswarya', - Opposite parties
Asoka Road, Puthukkad P.O,
Thrissur-680 301
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
Case of the complainant is as foloows:
The complainant has traveled in K.L.45C 6060 bus, which belongs to the opposite party, from Thrissur bus stand to Thrippalur at 3.10 pm. At that time the bus was doing service from Thrissur to Palakkad. Before catching the bus itself the complainant has confirmed the fact that there is a stop for the bus at Thrippalur. The said bus is of Fast Passenger permit. Thrippalur is the place where the stop is permitted for limited stop permitted buses.
Accordingly the conductor demanded Rs.37/- as bus fair and the complainant paid the amount. But the ticket was not provided at that time. When the bus reached at Thrippalur, the complainant wanted to get down but the conductor was not accepted the same saying “there is no stop at Thrippalur for this bus”. When the complainant talking about it, he was insulted by the conductor in front of other passengers. When the complainant asked for ticket, he was given a ticket and permitted him to get down of the bus. Only then after he noticed that in the ticket it is written Rs.30/- instead of Rs.37/-. The details regarding the bus also not stated in the ticket. Then he traveled in an autorikshaw to Thrippalur paying Rs.40/-. The complainant approached 'Forum for Consumer Justice' for redressal. They sent a registered notice on 2.4.12 to the opposite party . Eventhough opposite party received the same on 7.4.2012 did not send any reply. The details of the bus were collected from RTO under RTI Act.
So the complainant seeking an order directing the opposite party to pay an amount of Rs.1,040/- as auto fare and cost of the application and Rs.5,000/- as compensation for mental agony.
Eventhough the notice served the opposite party is not appeared before the Forum and remain exparte.
Complainant filed affidavits and Ext.A1 to A4 marked.
Issues to be considered are:
I. Whether there is any deficiency of service on the part of opposite party?
II. If so, what is the reliefs and cost?
Issue No.I&II
The complainant has travelled from Thrissur in the bus K.L.45C 6060 belongs to opposite party to Thrippalur. Before catching the bus itself the complainant made it sure that there is stop for the bus at Thrippalur. The complainant paid Rs.37/- as bus fair. The ticket was not provided. When the bus reached at Thrippalur, the complainant demanded to stop the bus but it was not done by saying that there is no stop at Thrippalur for the bus. When the complainant asked for ticket the conductor paid the same and the complainant get down of the bus at Erimayoor Thottupalam. In the Ext.A1, bus ticket, it is written only Rs.30/- the name of the bus, number, places etc not mentioned.
Ext.A4 shows that the bus K.L.45C 6060 belongs to opposite party is registered as Fast Passenger. The said bus bound to stop at the places where the limited stop buses having the stops. There is no evidence to show that Thrippallur is the place where the limited stop permitted buses having a stop. As the opposite party remain exparte the contentions of the complainant stand unchallenged.
From the above discussions we are of the view that there is deficiency of service on the part of opposite party.
In the result complaint allowed. Opposite party is directed to pay an amount of Rs.1,000/- (Rupees thousand only) as compensation for mental agony and Rs.1,000/- (Rupees thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 23rd day of July 2012
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1– Bus ticket original and photocopy.
Ext.A2 – Copy of letter sent to the opposite party by Secretary, Forum for Consumer Justice dt.02/04/2012.
Ext. A3 – Copy of Acknowledgement .
Ext.A4 – Reply of information of KL-45-C-6060 bus sent to the Secretary, Forum for Consumer Justice by P.Sivakumar, State Public Information Officer, RTO, Palakkad (Photocopy).
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs.1,000/- (Rupees thousand only) as cost of the proceedings
