Rajasthan

StateCommission

FA/428/2014

Rajasthan State Road Transport Cor. Throuhg Chief Manager - Complainant(s)

Versus

Somendra Singh Solanki s/o Hari Babu Singh - Opp.Party(s)

V.B.Mathur

05 May 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 428/2014

 

Rajasthan State Road Transport Corporation Office Jaipur II, through Chief Manager

Vs.

Somendra Singh Solanki r/o Shri sai Kripa, 53 Friends Colony, Sirsi Road, Panchyawala, Jaipur.

 

Date of Order 5.5.2015

 

Before:

Hon'ble Mr.Vinay Kumar Chawla-Presiding Member

Mrs.Sunita Ranka -Member

Mr.Kailash Soyal- Member

 

Mr. V.B.Mathur counsel for the appellant

None present on behalf of the respondent

 

BY THE STATE COMMISSION

 

This appeal has been filed against the judgment of learned

 

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DCF Jaipur 2^nd dated 25.2.2014 by which it allowed the complaint.

 

Brief facts giving rise to this dispute are that the complainant had purchased a ticket from Sindhi Camp Bus Station of the appellant on 23.6.2012 for the bus bound for Aligarh starting at 23.17 in the night . He purchased the ticket at 22.29 in the night. He alleged that at 23.11 in the night he enquired about the bus from the counter but no satisfactory answer was given to him and when he tried to find the bus at his own and he reached the counter again at 23.11, he was informed that bus has already left and the person at the counter misbehaved with him. He contacted the Station Officer and complained about the misbehaviour of the counter clerk and requested him that he may be adjusted upto Mathura in any other bus. The Station Officer allowed him to board in a bus which was going to Mathura. He further alleged that when he reached the counter with the orders of the Station Incharge, the person on duty refused to adjust him in another bus and he was also denied refund of the ticket amount. The appellants have submitted before the learned DCF that the complainant after buying the

 

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ticket went somewhere and came at the bus stand only at 23.25 when the bus had already left. The learned DCF after hearing both the parties allowed the complaint directing the appellants to return Rs.210/- towards the ticket amount and a sum of Rs.5000/- be paid to him as compensation for mental agony and this amount be recovered from the conductor who refused him to board in the bus bound for Mathura.

 

The learned counsel for the appellants has argued that it is not on record that who was the conductor and what was the bus number in which he was denied entry and in absence of these facts it was not possible for the appellants to recover the amount from the conductor of the bus.

 

The respondent has not appeared before us in this appeal.

 

We are in agreement with the contention of the learned counsel for the appellants that in absence of the details of the bus and name of the conductor, it is not possible for the appellants to recover the amount from the conductor and pay to the complainant. To that extent we partially accept this appeal and set

 

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aside the order. However, the refund of Rs.210/- of the ticket amount shall be made to the complainant.

 

With this direction the appeal is disposed of.

 

 

Member Member Presiding Member

 

nm