Karnataka

Kolar

CC/54/2019

P.D. Narasimhamurthy - Complainant(s)

Versus

Sri. Lakshmaiah - Opp.Party(s)

08 Nov 2019

ORDER

Date of Filing: 23.07.2019

Date of Disposal: 08.11.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 08^th DAY OF NOVEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 54 OF 2019

Sri. D.P. Narasimha Murthy,

S/o. Late Puttaiah,

Aged About 45 Years,

Kooli Work,

Permanent address:

Dwaraganahalli Village,

Bisalahalli Post, Manchenahalli Hobli,

Gowribidanur Taluk,

Chikkaballapura District.

 

Now R/at: D.P. Narasimha Murthy,

Thumukente Check-post,

Vegetable Building, Karnataka State Border,

Hindupura Taluk, PIN Code - 515211.                 ….  COMPLAINANT.

(In-person)

 

- V/s –

1) Sri. Lakshmaiah,

Sanchari Niyantrakaru (TC),

K.S.R.T.C, Gowribidanuru Division,

Gowribidanuru,

Chikkaballapura District.

(Rep. by Sri.B. Kumar, Advocate)

 

2) Sri. Suresh,

Assistant Accounting Officer,

K.S.R.T.C, Gowribidanuru Division,

Gowribidanuru,

Chikkaballapura District.

(Rep. by Sri.B. Kumar, Advocate)

 

3) Sri. U.A. Shariff,

Depot Manager, Gowribidanuru

Division, KSRTC, Gowribidanuru

Taluk, Chikkaballapura District.

(Rep. by Sri.B. Kumar, Advocate)                            …. OPPOSITE PARTIES.

:: ORDER ::

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this Consumer Complaint against the OPs and prays to direct the OPs to refund of Rs.1,050/- and compensation of Rs.25,000/-.

02.   The brief facts of the complainant case is that, his son by name Pramodh D.N. is studying in 1^st PUC at Gowribidanuru National College and he has filed application before the OPs to get free bus pass and produced Xerox copy of the fee receipt as Annexure-2, Xerox copy of the caste certificate as per Annexure-4, Xerox copy of the Aadhar Card as per Annexure-5 and Xerox copy of the application form as per Annexure-1.  The complainant belongs to Scheduled Caste (Nayaka).  The OPs declined to give free bus pass which is given to the SC/ST communities in spite of several requests and demands for about eight to ten days and the OPs abused him and ultimately the OPs given general student bus pass by collecting Rs.1,050/- and the complainant has filed this complaint against the OPs by producing Xerox copies of 09 documents.

03.   The OPs appeared through their counsel and filed their version and denied all the allegations made by the complainant as false.  The OPs have specifically contended that, the KSRTC has issued Circular dated: 04.06.2018 in order to issue student bus pass to the SC/ST category and the student will have to submit caste certificate and in the instant case the complainant has not furnished the same as such the OPs have issued general student bus pass to the complainant.  The complainant without producing document has approached this Hon’ble Forum for refund of the amount and for which relief cannot be granted by this Forum and prays to dismiss the complaint and filed Xerox copies of two documents.

04.   The complainant has filed sworn affidavit by way of examination-in-chief and he has produced nine documents as per Annexure-01 to Annexure-09.  OP Nos.1 and 2 filed similar affidavit evidence by way of examination-in-chief. 

05.   Heard arguments on both side.

06.   Now the points that do arise for our consideration are that:-

1. Whether the complainant has made out deficiency of service against OPs and is entitled for the reliefs as prayed by him?

 

2. What order?

 

07.   Our findings on the above stated points are:-

POINT 1:-                Is in the Affirmative

       

POINT 2:-                As per the final order

for the following:-

REASONS

08.   POINT 1:-

        We have perused the complaint, version, affidavit evidence along with documents produced by both the parties.  The case of the complainant is that, his son by name Pramodh D.N. is studying 1^st PUC at Gowribidanuru National College and he has approached OP KSRTC to get fee student bus pass for the year 2019-2010 as he belongs to SC community i.e., Nayaka and he has produced Xerox copy of the Fee receipt as per Annexure-2, Xerox copy of the application for student bus pass as per Annexure-1, Xerox copy of the caste certificate as per Annexure-4 and Xerox copy of the Aadhar Card as per Annexure-5.  On perusal of the said documents which were signed by the Principal of the National PU College, Gowribidanuru. The complainant has also produced Xerox copy of the General student bus pass issued by the OPs as per Annexure-6 and so also produced Xerox copy of the Circular issued by the KSRTC dated: 15/17^th Day of June 2019 as per Annexure-9.  The OPs have also produced true copy of the Circular dated: 04.08.2018.

09.   On perusal of Annexure-4 it clearly reveals that, the complainant belongs to Nayaka community which comes under SC community and the said document was issued by Thasildhar, Koppal Taluk, Koppal District, and in spite of that the OPs have declined to give free student bus pass to the son of the complainant.  The complainant visited OPs on eight to nine times and requested the OPs to issue free bus pass to his son and the OPs abused the complainant which caused mental agony and ultimately the complainant approached this Forum. 

10.   It is no doubt, true that, the OPs have issued general student bus pass to the complainant’s son, though the complainant belongs SC community and they violated the Circular of KSRTC which amounts to breach of duty, negligence and careless conduct of the OPs and it amounts to deficiency of service on the part of the OPs hence the entire contention taken by the OPs are all goes in vain.  Hence as discussed above, the complainant is entitled for the reliefs as prayed by him along with litigation expenses and accordingly we answer Point 1 is in the Affirmative.

 

11.   POINT 2:-

        In view of our finding on Point 1 and the discussions made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is hereby allowed.

 

02.   The OPs jointly and severally are directed to refund Rs.1,050/- and to pay compensation of Rs.7,000/- and also litigation expenses of Rs.3,000/- to the complainant.  The OPs are directed to pay the said amounts to the complainant within 30 days failing which the complainant is entitle for the interest @ 9% per annum from the date of complaint till realization of the amount. 

 

03.   The OPs are also directed to issue free student bus pass to the son of the complainant with immediate effect.

 

04.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 08^th DAY OF NOVEMBER 2019)

 

 

 

 

   LADY MEMBER                            PRESIDENT