Anokh Singh and Sohan Singh complainants have filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties to remove pressure horns, tape recorders, TV, DVD, CD Players from their buses, to keep their buses neat and clean by repairing their window panes, seats etc. before plying them on the road and to pay Rs.30,000/- alongwith interest from the opposite parties in equal share on account of inconvenience and harassment and to pay costs and expenses of this complaint. <br /> 2. The complainants averred in their complaint that they are small farmers and permanent residents of village Bargari. The complainants are to travel by buses of opposite parties from their village to different destinations for their domestic and other purposes. Whenever they travel through the buses of the opposite parties they are to experience the various hardships and inconvenience regarding over charging of fair, damaged seats, broken window panes, use of pressure horn and playing of obscene cassettes in high pitch. The complainant No. 1 traveled through the bus PB-03-F 5865 of opposite party No. 2 on 8/11/2006, the conductor of the opposite party No. 2 charged Rs.5/- from Bargari to Bajakhana vide ticket No. 027780 and when he protested regarding over charging of fair, conductor misbehaved with the complainant and asked him to get down from the bus if he does not pay the demanded fair. Similarly complainant No. 2 when traveled by the bus No. PB-30-B 9485 of opposite party no. 3 on 10/11/2006 and conductor of that bus over charged Rs.5/- as fair from Bajakhana to Bargari vide ticket No. 001535 and when he protested the conductor did not listen to the complainant and went away by uttering diffamatory comments. They shared with each other regarding their grievances caused by the opposite parties and came to know that other passengers also face similar problems. It is clear cut deficiency of service on the part of the opposite parties as they charged excessive fair of Rs.1/- from every passenger from Bargari to Bajakhana and Bajakhana to Bargari. They play tapes in their buses in a high pitch of vulger and obscene songs. They installed pressure horns in their buses. The window panes are broken of their seats are torn. The complainants have approached the opposite parties with a request to redress their grievances but of no effect. Hence the present complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 29-11-2006 complaint was admitted and notice was ordered to be issued to the opposite parties. <br /> 4. On receipt of the notice the opposite party No. 3 appeared on 19/12/2006 through Sh. Manjit Singh but after that he failed to appear in the Forum and not file any written reply so the opposite party No. 3 was proceeded against exparte vide order dated 9/1/2007. The opposite party No. 1 and 2 appeared through Sh. M.S.Virdi Advocate and filed written reply on behalf of the opposite party No. 1 and 2. The opposite party No. 1 in its reply taking legal objection that the present complaint is not factual and has been filed just to extract money from the PRTC and to harass the opposite party illegally. On merits the opposite party No. 1 submitted that the ticket numbers mentioned in the complaint has been procured one. The fair has been charged as per rules of Corporation. The complainant never approached the opposite party No. 1 and answering opposite party has been wrongly impleaded as party in the present complaint. The answering opposite party has not caused any harassment to the complainant. So the complaint be dismissed with costs. <br /> 5. The opposite party No. 2 filed their written reply taking legal objection that the present complaint is not factual and has been filed just to extract money from the opposite party and to harass the opposite party illegally. On merits the opposite party No. 1 submitted that the buses of the opposite party No. 2 are in good condition. The fair charged by the answering opposite party as per rules and not over charged. The ticket number as mentioned has been procured one. The complainant never approached the opposite party No. 2 and answering opposite party has been wrongly impleaded as party in the present complaint. The answering opposite party has not caused any harassment to the complainant. So the complaint be dismissed with costs. <br /> 6. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainants tendered in evidence their affidavits Ex.C-A and Ex.CB, copy of ticket No. 027780 Ex.C-1, copy of certificate Ex.C-2, copy of complaint to DTO, Faridkot Ex.C-3, copy of ticket No. 001535 Ex.C-4, copy of ticket No. 123533 Ex.C-5, copy of ticket No. 128498 Ex.C-6 and closed their evidence. <br /> 7. In order to rebut the evidence of the complainant the opposite party No. 1 and 2 tendered in evidence affidavit of Dhoop Singh GM PRTC Faridkot Ex.R-1, affidavit of Surinder Singh owner of Hemkund Bus Service Ex.R-2 and closed their evidence. <br /> 8. We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.<br /> 8. Learned counsel for the complainants has submitted that the opposite parties are not removing pressure horns, tape recorders, TVs, DVDs and CD players from their buses. They are not keeping their buses neat and clean. They are not repairing the window panes and seats of the buses before plying them. Complainants are entitled to the compensation and damages to the tune of Rs.30,000/- alongwith costs and expenses of the complaint. Complainants also are entitled for refund of excess amount of the tickets purchased by the complainants from the opposite parties. <br /> 9. Learned counsel for the opposite party No. 1 and 2 submitted that the complaint is vague. It is not maintainable. The actual fair has been charged by the opposite parties from the passengers. The tickets are not connected with the relevant dates on which complainants have alleged to have traveled in the buses of the opposite parties. The opposite parties are plying the buses in good condition. Allegations of operation of tape recorders, DVDs etc. are false. The complainants have file this complaint in public interest just to harass the opposite parties and extract money illegally for their own use instead of use of the same by the public at large on whose the complainants have filed this complaint. The fair is being charged as per rules. They are not over charging any fair. The ticket numbers have been procured by the complainants and fabricated story has been put forth by the complainants. The complainants never approached the opposite parties with their grievances if any. <br /> 10. From the perusal of the pleadings of the parties it is made out that the allegations of the complainants are in the shape of public interest litigation. They have filed this complaint in representative capacity. The complaint is not related to particular bus and route for claiming so many relieves in their complaint. <br /> 11. As per Section 12 of the Consumer Protection Act such like complaint as per said Sub Section (c) could have been filed with the permission of the District Forum on behalf or or for the benefit of all the consumers so interested.<br /> 12. With regard to their personal interest and grievances thereof for over charging bus fair from Bajakhana to Bargari the complainants have placed reliance on tickets and report of T.T.I. Branch PRTC Faridkot Ex.C-1, Ex.C-2 and Ex.C-4. As per report Ex.C-2 of Jasbir Singh TTI Branch PRTC Faridkot dated 31/8/2006, as per calculations of the fair of 9 Kms from Bajakhana to Bargari Rs.4/- are to be charged. This report is dated 31/8/2006 whereas the complainants have undertaken the traveling in the buses of the opposite parties on 8/11/2006. There is no report with regard to charging of fair on the relevant dated i.e. 8/11/2006. However as per printed tickets Ex.C-4 Rs.5/- have been charged from Bajakhana to Bargari by the opposite parties. There is no amount to have been charged by Hem Kund Bus Service Pvt. Ltd., to the extent of Rs.5/- from the complainants. The complainants have not brought on the file actual distance covered by the buses in question. It is not on the file if these buses have directly covered the straight road from Bajakhana to Bargari. The complainants themselves have calculated charges of Rs.4.41 paise distance from Bargari to Bajakhana. So calculations in report Ex.C-2 of the fair for 9 Kms to be Rs.4/- itself appears to be not based on rules and regulations of the transport authorities. The opposite parties might not be having tickets of fractional amounts. So round figure is being charged by them. There appears no illegality and excess charge of amount by the opposite parties for a short distance from the passengers of the buses. Even these tickets having no dates can be said to be not connected with the relevant date. Complainants also have placed on the file the tickets Ex.C-5 and Ex.C-6. In ticket Ex.C-6 Rs.4/- have been charged and ticket Ex.C-5 Rs.5/- had been charged. There may be punching of the tickets but the serial number punched do not show directly from where the buses were boarded by the passengers and where they disembarked from the buses. So complainants can be said to have failed to prove excess charge of fair by the opposite parties. <br /> 13. The complainants have placed reliance on the application Ex.C-3 dated 15/11/2006 filed by Niranjan Singh, Anokh Singh and Com. Sohan Singh to District Transport Officer, Faridkot. It is in the head of excess charge of the fair, playing of tapes with unethical, filth and vulgar songs. It is for the administrative authorities to take action as per the application in accordance with law but it does not become consumer dispute as per pleadings of the complainants made in this complaint. The complainants have sought relief of refund of excess charges of fair, removal of pressure horns from buses of the opposite parties, removal of Tape recorders, TVs, DVDs and CD players from their buses and for keeping buses neat and clean and repairing of window panes and seats of the buses for plying them on the road. Since the pleadings in the complaint are vague and in the representative capacity so no relief sought by the complainant from this Forum is liable to be given. <br /> 14. In view of above noted facts and circumstances the dispute in between the parties appears to be of civil in nature. It is complicated matter in the Consumer Forum where the cases are to be decided summarily such like disputes cannot be settled. <br /> 15. If any relief sought by the complainants is given then it may tantamount judgment in ram and not judgment in person. Even it is in the shape of public interest litigation instead of redressal of personal grievances. So no relief sought by the complainants can be given by this Forum. <br /> 16. As per Dr. S.P.Thirumala Rao Versus M.D. Karnataka State Road Transport reported in 1 (1999) Consumer Protection Judgments-641 fixation of fair by the authority of State Road Transport Corporation or other transport vehicles cannot be questioned before the Consumer Forum where there is dispute with regard to fixing of the fair whether it is correct or otherwise. <br /> 17. In view of the above said facts and circumstances the complaint being devoid of merits is dismissed. No order as to costs. However there is no bar for the complainants to seek redressal of their grievances from any other authority or Court. Copies of the order be sent to the parties free of costs. File be consigned to the record room. <br /> <br /> Announced in open Forum:<br /> Dated: 11/9/2007