DATE OF FILING: 09.09.2015.
DATE OF DISPOSAL: 22.8.2016.
Dr. Alaka Mishra, Member (W)
The complainant has filed this consumer complaint U/S 12 of Consumer Protection Act, 1986 alleging deficiency in service against the Opposite Party (for short, the O.P.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he was a bonafide passenger in Bus No. OD-02V-8011 Shree Chakadola sleeper Coach bus which plied from Bhubaneswar to Daringibadi via Jagannathprasad and Bhanjanagar. He was travelling from Bhubaneswar to Bhanjangar and purchased a ticket paying Rs.170/- bearing seat No. SL -17 vide ticket No. 18113 dated 24.8.2015 in the said bus. The bus in question was a sleeper coach bus while travelling from Baramunda, Bhubaneswar and the conductor of the said bus asked to accommodate another passenger who was over drunk with alcohol and was disturbing to the complainant and complained him to vacate the sleeper coach. The complainant informed the conductor about the mischief of the co-passenger but the conductor instead of taking any action against the drunkard passenger compelled the complainant to get down from the bus after 5 KMs from Bhubaneswar and got down ultimately from the bus and returned to his village by catching another bus from Bhubaneswar to his village and reported the matter to Jagannath Prasad Police Station on 25.8.2015. The behavior of the conductor of the bus committed deficiency in service by torturing the complainant physically and mentally. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. to pay Rs.10,000/- towards physical and mental torture and Rs.5000/- towards cost in the best interest of justice.
The complainant filed documents in support of his case as follows:
(1) Photocopy of Shree Chakadola Sleeper coach Bus ticket No. 18113 seat No.17 dated 4.8.15.
(2) Photocopy of FIR dated 25.8.2015 addressed to Police -in-charge, Jagannathprasad.
3. Notice was issued against the Opposite Party but he intentionally neither chooses to appear nor filed any written version. Hence he is declared set ex-parte on 18.5.2016. On perusal of the case record on date of final hearing complainant is absent from the date of filing and not attended his case. However, since the complainant has remained absent since long from the date of admission of this case and the O.P. has also not filed any written version to controvert the version of the complainant, the Forum decided to dispose of the case basing upon the materials placed on the case record as per Section 13(2) (c ) of Consumer Protection Act.
4. We perused the case record and verified the complain petition and document available with us. As per the complaint of the complainant, he is an old man of 70 years who suffered a lot while plying from Bhubaneswar to Bhanjanagar on dated 24.08. 2015. Conductor and driver of said bus (OD- 02V-8011) not only misbehaved the old person but also compelled to get down from bus after 5 K.M from Baramunda bus stop of Bhubaneswar when he reported the matter to conductor that his co-passenger was an alcoholic and disturbing him. On perusal of the materials on record it is found that the condition No.7 of rule and regulation of the ticket has clearly prohibited smoking and alcohols in the bus but the conductor and driver themselves violated the rules and regulations. The conductor instead of taking action against the drunker has compelled the complainant passenger to get down from the bus which is very much unfortunate and no prudent man can behave to such an old person on the way in a bus. It is also a fact that the Opposite Party not controverted the complaint of the complainant by contesting the case. He has not filed any version and not preferred to defend his case. So in absence of any version or argument from the Opposite Party, we are constraint to accept the version of the complainant since it is not controverted. Similarly, it is a moral obligation of the civilized society that we must care and protect the older people in the society. It is also a constitutional duty of very civil citizen to protect the rights of older person or underprivileged groups. However, the staff of the bus misbehaved with an old man of 70 years which is socially abhorred and constitutionally not permissible. A prudent person can’t presume that an old person can’t do anything if we misbehave him. The behavior of the conductor of the bus committed deficiency of service by torturing the complainant physically and mentally. Indian culture is based on dignity to the old people so it can’t be tolerated at any means. In this case the complainant has paid Rs.170/- towards his journey ticket and he was not even able to complete the journey to reach his place of destination. The staff of the Bus misbehaved with the old man and compelled to get down on the way 5 KM away from Bhubaneswar. It is also a fact that he must have reached his place of destination by an alternative arrangement which may have cost him and that is also a financial burden for an old person on his journey. Considering the aforesaid fact and circumstance of the case, we allow the case of the complainant against the Opposite Parties.
In the result, complaint petition is allowed and the Forum directed the Opposite Party to pay 500/-only towards compensation for physical harassment and mental agony. We also allow Rs.300/- towards cost of litigation to be paid to the complainant by the Opposite Party. The aforesaid amount to be paid by the Opposite Party to the complainant within a period of 30 days from the receipt of this order failing which complainant is at liberty to recover the same under section 27 of the Consumer Protection Act, 1986. The case of the complainant is disposed of accordingly.
The order is dictated and corrected by me on this 22th day of Aug 2016. The office is directed to issue copy of orders to the parties free of cost as per rules.
