Tamil Nadu

StateCommission

FA/346/2012

The General Manager, Madras Transport Corporation, - Complainant(s)

Versus

S.Srinivasan - Opp.Party(s)

M.Chidambaram

05 Jun 2015

ORDER

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

 

                  BEFORE         THIRU.A.K.ANNAMALAI       PRESIDING  JUDICIAL MEMBER 

                         Tmt. P. BAKIYAVATHI                                                     MEMBER

 

F.A.NO. 346/2012

[Against the Order in  C.C No.818/2009 dated 11.8.2011 on the file of the DCDRF, Chennai (South) ]

 

DATED THIS THE 5^th DAY OF JUNE 2015

The General Manager

Madras Transport Corporation Ltd.,

Pallavan Illam, Anna Salai

Chennai 600 028                                         ..Appellant/opp.party

                                  Vs

Mr.S.Srinivasan

No.129, Santhome High Road, Foreshore Estate

Chennai 600 028                                     ..Respondent/complainant

 

Counsel for Appellant/opp.party          : M/s M.Chidambaram

Counsel for Respondent/complainant   : M/s A.Kumaraguru

 

The opposite party is the appellant.  The District Forum allowed the complaint. Against the said order, the Appellant/opposite party filed this appeal praying to set aside the order of the District Forum, Chennai(South) in CC.No. 818/2009 dated 11.8.2011. 

          This appeal coming before us for hearing finally on 28.4.2015 upon hearing the arguments on both side, perusing the documents, lower court records, and the order passed by the District Forum, Chennai (South) this commission made the following order.

THIRU.A.K.ANNAMALAI,  PRESIDING JUDICIAL MEMBER

1.     The appellant is the opposite party. The Respondent/complainant travelled in the opposite party’s bus by using student concession token for Rs.2/- per token and also having student bus pass for the value of Rs.80/- per month as Ambedkar Law University, M.L 1^st year student on 22.3.2008 when he travelled in the opposite party’s bus from Parrys to Foreshore Estate. The conductor of the bus after verifying the travel concession bus pass and token and also Identity card from the complainant refused to permission to travel by using the same and also seized the Identity card, bus pass and thereby a consumer complaint came to be filed claiming of Rs.80/- as bus pass cost and Rs.60/- token purchase money for unused token and Rs.1,00,000/- towards compensation for mental agony and Rs.15,000/- as costs.

2.           The District Forum after an enquiry, on the basis of both side materials, allowed the complaint directing the opposite parties to refund Rs.80/- and Rs.60/- being the amount of bus pass and cost of the tokens respectively and also to pay a sum of Rs. 10,000/- as compensation for mental agony and Rs.5000/- towards cost.

3.     Aggrieved by the impugned order, the opposite party filed this appeal contending that the District Forum failed to consider the mistake happened in the token and the Identity card which are not tallied with number and  when the Identity card was made ready for return the complainant did not turn up for collecting the same.

4.        We have heard both side contentions and perused the materials in this regard. It is the admitted case of both side, that the complainant travelled in the opposite party’s bus by using the student concession bus pass and token issued by the opposite party’s department which are purchased by paying Rs.80/- and Rs.2/- per token and during the course of journey on 22.3.2008, the opposite party’s conductor not allowed the complainant to travel the bus by using those concession of the materials and also ceased the Identity card and token from the complainant in the course of enquiry, the opposite party had sent a reply that the conductor was warned and the Identity card was made ready for return and the complainant did not turn up for the same. The opposite party had failed to establish that what was the actual error found with the documents of the complainants relating to the usage of concessional bus pass, token and Identity card issued to show that he was a 1^st year M.L. law student and even though contended that there was error in not tallying with the 1^st number of the punching card and the 1^st number of the Identity card and whether the conductor has got powers to seize  such material from the passenger when he was not allowed to travel by using the same as concession and on perusal of the copy of the concessional bus pass under Ex.A.5 series, even though that the pass could be seized if it is wrongly used and if there is no Identity card issued by the Transport Department. But the opposite party failed to explain how the card was wrongly used and not produced the ceased Identity card from the complainant to prove it was issued by the Department or otherwise in those circumstances, the District Forum considered all the relevant material and came to the conclusion that there was deficiency in service on the part of the opposite party and thereby allowed the complaint. While considering the quantum of compensation and cost is concerned, the complainant contended that being an Advocate having post-graduate student concession for doing M.L., in the presence of other passengers, even though having valid documents for travel, he was humiliated by the conductor of the Transport Department and thereby the award is justifiable one, by taking into consideration of the material and the order of the District Forum, we are of the view, the award of compensation could be reduced from Rs.10,000/- to Rs.7000/-, since the District Forum awarded the cost of Rs.5000/- which is above  normal one and thereby the appeal to be allowed in part and accordingly, 

 

      In the result, the appeal is allowed in part by modifying the order of the District Forum,(Chennai South) reducing the compensation from Rs.10,000/- to Rs.7000/- and in other respects confirming the order of the District Forum (Chennai South).

       No order as to costs in this appeal.

       The above directions shall be complied within six weeks from the date of this order.

        

 

P.BAKIYAVATHI                                                      A.K.ANNAMALAI                            

   MEMBER                                                PRESIDING JUDICIAL MEMBER