SRI NAYANANANDA DASH,MEMBER:-
Unfair trade practice in respect of charging illegal passenger bus fare are the allegation arrayed against the Opp.Party.
2. Complaint, in brief reveals that on dtd.19.04.15(Sunday) complainant to travel from OMP Square(Cuttack) to Duhuria(Kendrapara) catch the private passenger bus namely ‘Saraswati’ bearing Regd. No.OR-02-AT-6349. The conductor of the said private bus demanded Rs.40/- as fare from OMP square to Duhuria. But the complainant protested the same by telling the conductor that the actual fare is Rs.30/-(Rupees Thirty)only. The conductor of the private bus was rigid to collect Rs.40/- and suggested the complainant to get down from the bus. The complainant was ready to get down from the bus at Jagatpur, but the conductor of the private bus demanded Rs.10/- for the fare from OMP square to Jagatpur. Further the complainant did not show the rate chart and misbehaved the complainant and after much hesitation and exchange of hot words conductor issued a ticket by taking Rs.40/-. It is further revealed from the complaint that complainant is a Senior citizen who travel in the said bus by standing and taking the excess bus fare which gave serious mental agony.
3. Notice was served to the owner of the bus namely Snigdharani Lenka, though she received the notice and appeared for once, but did not file any written statement to counter the allegations, hence set ex-parte.
4. Heard, the submissions of complainant in absence of OP-complainant to substantiate his allegations filed attested xerox copy of Bus ticket, letter of Executive Engineer,Roads & Buildings of Cuttack and Kendrapara Division and letter of state Transport Authority bearing No.10054 dtd.01.08.2015 the letters are obtained under RTI Act.examining the allegations, we found that the conductor of the said passenger bus bearing No.OR-02AT-6349 has received Rs.40/- and issued a ticket. But on the said ticket nothing is mentioned about the destination of journey. Further,from the letters of R&B Division,Cuttack and Kendrapara discloses that the distance between OMP Square,Cuttack to Duhuria,Kendrapara is 54 kms.(39 km + 15 kms) and the fare for ordinary passanger bus was 58 paise per km dt.19.04.15 the date of journey from OMP to Duhuria as revealed from the letter bearing No.10054 dtd.01.08.2015 of State Transport Authority,Odisha. So as per the Govt. orders the legitimate fare from OMP Square,Cuttack to Duhuria,Kendrapara is (54 km x 58 paise) Rs.31.32 paise(Rupees Thirty one and 32 paise only) or it may be Rs.32/- as ordinary passenger fare who are travelling from OMP Square,Cuttack to Duhuria,Kendrapara as on the date of allegation. It is clear that the conductor has taken Rs.8/- as an extract charge of Bus fare from the complainant, which is an unfair trade practice as per C.P.Act,1986. Another legal question arises, in absence of the ‘conductor’ as a party to the proceeding can the owner of the vehicle will be liable guilty for an allegation of unfair trade practice. To answer on this point we are of the opinion that the relation between owner of the vehicle and conductor is ‘master-servant’ relationship, the settle principle of law is that for the wrong acts of the servant, master is liable for the same. The allegation of misbehavior of the conductor to the complainant as alleged in the complaint, and its adjudication are not within the purview of C.P.Act,1986. The complainant may adopt other legal resources available for adjudication of the specific allegation.
Having observations reflected above, it is directed that OP will refund Rs.8/-(Rupees Eight)only to the complainant. Further, OP will pay Rs.1000/-(Rupees One thousand)only as compensation for mental agony and cost of litigation. The order is to be carried out within one month of receipt of the order, failing which 9 per cent interest will be charged for the delayed period.
Complaint is allowed in part with cost.
Pronounced in the open Court, this the 14th day of March,2016.
