For Complainant         :           Self

For OP No.1                 :           Sri K. N. Samantaray, Advocate & associates.

For OP No.2                 :           None.

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1.                     The brief history of the case of the complainant is that he purchased two bus (Volvo) e-tickets vide PNR No.05064632 on 11.05.2019 for journey from Rajahmundry to Jeypore on 27.05.2019 on payment of Rs.1558/- for Seat No.7 & 8 in the OSRTC Bus.  It is submitted that the point of boarding was Rajahmundry bus complex at 4.30 PM on 27.05.2019 and hence the complainant and his wife reached Rajahmundry bus complex at about 3.30 PM.  It is further submitted that as there was no ticket counter for the said bus, they waited till 7.00 PM for the bus but the bus did not come.  As they did not get any information regarding the bus till 7.00 PM, the complainant and his wife left for Visakhapatnam (VSP) by catching another bus in order to get any bus to Jeypore.  The complainant further submitted that on the way to VSP, he received a phone call (Mob.8093741309) from a staff of OSRTC who stated that the concerned bus left Rajahmundry bus stop at about 2.00 PM on the date of journey instead of 4.30 PM.  It is also further submitted that the complainant informed the OSRTC authorities regarding mismanagement of bus service and also lodged written complaint with DTM, OSRTC, Jeypore, but nobody listened to the complainant.  The complainant reached VSP at about 12.00 midnight and waited there till 5.00 AM to get a bus to Jeypore.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops to refund Rs.1558/- towards cost of two tickets and to pay Rs.25, 000/- towards compensation and cost to the complainant.

2.                     The OP.1 filed counter denying the allegations of the complainant and contended that the complainant has not mentioned any particular identification of the bus in order to know the fact by Ops.  It is contended that the complainant is to prove that the OSRTC Bus left from Rajahmundry bus complex around 2.00 PM instead of 4.30 PM on 27.05.2019.  However, the OP.1 contended that on 27.05.2019, the OSRTC Bus bearing No.OD-02BA-3656 departed from Rajahmundry at 4.30 PM as revealed from the enquiry and hence the allegations of the complainant that the bus left the complex at about 2.00 PM on 27.05.2019 is false.  The OP further contended that no complaint was received by the OP.1 from the complainant regarding the issue as revealed from the enquiry.  Thus denying any fault or deficiency in service on its part, the OP.1 prayed to dismiss the case of the complainant.

3.                     The OP No.2 in spite of valid notice neither filed counter nor participated in this proceeding in any manner.  The complainant has filed certain documents in support of his case.  Heard from the complainant at length in absence of the Ops and perused the materials available on record.

4.                     In this case the complainant stated that he purchased two tickets on 11.05.2019 to perform journey on 27.05.2019 in the OSRTC (Volvo) bus from Rajahmundry to Jeypore  vide Seat No.7 & 8 with passenger details P. Prabhakar Rao (Complainant and his wife Laxmisaroja on payment of Rs.1558/-.  The statement of the complainant is supported by a valid ticket vide PNR No.05064632 which is available on record.  On perusal of said ticket, it is found that the departure time of the bus is 4.30 PM on 27.05.2019.  The complainant stated that he along with his wife reached at Rajahmundry bus complex at about 3.30 PM to catch the said bus scheduled to be departed at 4.30 PM but the bus did not come to the complex till 7.00 PM.  As there was no counter of the said bus at that complex, the complainant could not ascertain any further information regarding arrival of the bus.

5.                     The OP.1 stated that the complainant has not furnished the details of bus in which he had booked seats.  Apart from above information, we do not understand as to what more information the OP required about their bus in which the complainant had purchased tickets.  The complainant stated that at about 7.00 PM he along with his wife caught another bus from Rajahmundry to come to VSP.  In support of his above contention, the complainant has filed copy of two bus tickets of their journey, one from Rajahmundry to VSP and another from VSP to Jeypore.  In this manner, the complainant has incurred expenditure of Rs.800/- towards bus fare.  It is further submitted by the complainant that he received phone call from Mob. No.8093741309 belongs to an OSRTC staff, who stated that the bus left Rajahmundry complex at about 2.00 PM.  On the other hand the OP.1 stated that on enquiry they came to know that on 27.05.2019 the concerned bus left Rajahmundry complex at about 4.30 PM but the OP failed to file any enquiry report as conducted by them regarding said incident.  No independent evidence is adduced by the OP.1 to prove their stand that the bus left Rajahmundry complex at 4.30 PM on 27.05.2019.

6.                     The OP.1 further stated that the complainant has not lodged any complaint with them and has directly filed this case.  On perusal of record it is seen that the complainant has lodged complaint before OP.1 on 22.06.2019, the copy of which is available on record.  The complainant has also intimated the fact to Busindia.com two times i.e. on 06.06.2019 and 21.06.2019, the copies of which are available on record and the OP.1 might have sufficient information regarding such complaint before Busindia.com.    It is seen that in spite of those complaints, the Ops have not taken any action to settle the dispute.  This inaction by the Ops in our view amounts to serious deficiency in service on their part.  Hence the complainant has filed this case.  It was also ascertained that the complainant has not availed the services of Ops in spite of valid consideration.

7.                     In this case, the sufferings of the complainant are well established and proved.  Hence the complainant is entitled to get refund of Rs.1558/- from the OP.1 with interest @ 12% p.a. from 11.05.2019 till payment.  Further due to such irresponsible action of the Ops, the complainant along with his wife must have suffered sufficient mental agony and also the complainant has come up with this case incurring some expenditure for which he is entitled for some compensation and cost of litigation.  Considering the sufferings of the complainant, we feel a sum of Rs.3000/- towards compensation and Rs.2000/- towards cost of litigation in favour of the complainant will meet the ends of justice.

8.                     Hence ordered that the complaint petition is allowed in part and the OP No.1 being liable is directed to refund Rs.1558/- towards cost of two bus tickets with interest @ 12% p.a. from 11.05.2019 and to pay Rs.3000/- towards compensation besides Rs.2000/- towards cost to the complainant within 30 days from the date of communication of this order.

(to dict.)