J U D G M E N T.
Brief facts of the case as on :- The Complainant/petitioner is an advocate ,he filed this case on dated 09.05.2016 residing within the district of Nuapada.
- On dated 15.04.2016 about 3 pm the present complainant travelled by Govt Bus from Nuapada to Sinapali and return back from Sinapali to Nuapada on 17.04.2016 by the same bus of OSRTC,Nuapada .The Buses are running in Nuapada district under Biju Gaon Gadi Yojana by Govt of Odisha.
- The Complainant has paid Rs. 60/-( Rupees Sixty ) only for 100 km Nuapada to Sinapali and Sinapali to Nuapada and the conductor of the Govt Bus has provide Ticket to him mentioned the Fare Kilometre to the Passenger/complainant.
- The complainant during his journey from Nuapada to Sinapali in summer season previous year in the month of April feel acute hot and no drinking water facilities to the passenger by the Goovernment or Transport Agencies or Local Bodies in the Govt. Bus Stand passing through even the bus are running without any scheduled time and excess fare taken by the bus is quite unknown to the Passenger due to lack of Fare Chart and Time table chart in the Bus or Outside the Govt. Bus Stand. In the summer season due to Sunrays directly gone through the glass of buses, the passenger sitting in the seats caused much difficulties to travelled due ot excess heat. The Authority may provide side screen or black glass for that problems.
- The Govt. of Odisha never provide any Rest Shed for the passenger in Nuapada district for the convenience in the summer season even no drinking water facility in summer season when acute heat waves prevailed in this area. The petitioner has filed this case for the deficiency in service by the Govt. Bus run by the O.S.R.T.C. (Govt. of Odisha) and other facilities should be provided by the Opp. Parties for the benefit of the passengers at large. So he put forth his personal problem as well as problems of public of Nuapada district alongwith the deficiency in service he suffered during his journey from Nuapada to Sinapali and Sinapali to Nuapada. As per his petition the cause of action arose on 17.04.2016 when he was travelling by the OSRTC Bus concerned.
He filed certain relied documents relating to the case and approach the Forum for some relief and compensation in this case.
- Bus ticket dated 17.04.2016,
- Paper cutting about bus fare.
The petitioner has filed case along with pray for some relief and compensation before the Forum.
- Display of Bus fare chart along with time table chart in every Bus stop in the district.
- Display chart of time table, Fare chart affixed by the O.P. inside the every Bus run by the OSRTC.
- Provide adequate drinking water to the passenger rest shed, toilet and urinals at each Bus stop in district for safe journey.
- To provide window screen in the side the Bus playing from Nuapada to different distance places of the district.
- Display of route permit, fitness certificate, insurance certificate along with driving license of driver and conductor in centrally located place of the Bus, from safety of the public as well as complainant at large.
- To award a compensation of Rs. 1,00,000/- (Rupees one lakh) only for the difficulty and mental agony suffering during the Bus journey in that day due to negligence and deficiency in service by the Opp. Parties.
The OP No.5 has filed his version of dated 30.08.16 we agree that Govt. OSRTC buses are running in the Nuapada district at the OP No.4 .District Transport Manager is the authority of the buses in the district who manages and guide the buses which has been run since a long period but for other facilities like drinking water facility, rest shed for passenger in every bus stop, Urinals and toilet these allegation are beyond our control. The local body should take care of these facilities.
Another allegation made by the complainant in the complaint petition that display of fare chart, timetable chart. The bus owner are liable for the display chart, as they are the owner of the Bus and operating their buses the permitted routes they should indicate as a matter of information to the passenger at large. The petitioner should have been brought to notice of OSRTC or Private Bus owners association for redressal. It is also important to mention that, there is mandatory provision of complaint box inside the running Govt.Bus run by OSRTC. Time table chart never be displayed in every place except only approved place by the OP.
As the complainant knows there is restriction, operating in summer for not playing of buses from 11 AM to 3 P.M should there have been any violation the complainant being a responsible advocate should have been brought it to the notice of the authority.
The petitioner also stated that colored of film glasses inside the vehicle as it was banned by guideline of the Apex Court, hence the complainant cannot insist upon such provision.
The Biju Goan Gadi Jogana only for Nuapada district where, 6 nos of OSRTC buses in new condition are running in the district in comparison to other district such facility never provided till now. Still the passengers of Nuapada district prefer to go in private bus and the OSRTC buses are running without passengers.
Hence, the OP No.1,2,5 are no way responsible for the inconvenience felt by the complainant and the case should be dismissed without any basis. As such the complaint filed by the petitioner is not maintainable. The bus owner is responsible for the cause field by the complaint in the case.
The Hon’ble Forum has observed that, the petitioner complainant was travelling in OSRTC Bus on dated 15.04.2016 and returned on 17.04.2016 from Sinapali to Nuapada at about 3 P.M. during heavy sunray and heat prevailing at that time and he suffer a lot of problem of heat due to lack of screen in the side window of Govt. Bus or any color film not pasted on the white glass for that sun ray directly affected him during his journey from Nuapada to Sinapali. The petitioner has mentioned the problems of Bus stop and other facilities should be provided by the O.Ps like drinking water, rest shed for the passenger, time table chart, Bus fare chart, name of owner, insurance certificate driving license, fitness certificate of playing buses even he has mentioned in his petition about toilet and urinals for the passengers at the Bus stand and recognized Bus stop.
We observed the petition filed by the complainant rightly expose or reflect the problems of passengers during the time of summer season when excess heat wave prevails in this locality these amenities are essential for all and necessary arrangement should be maintained by the O.P. No. 1 for the passengers of the Nuapada district. The local authorities are responsible for the facilities as mentioned above. The NAC, Nuapada, as Nuapada is the district headquarters and only one Bus stand is here without any facility like drinking water, rest shed for the passengers and only one Sulabha Souchalaya run by NAC, Nuapada is in a dilapidated condition not at all suitable for public use even in dangerous condition as the roof of Souchalaya may fall on head of the public at large which may lost some life of passengers and public, the O.P. No. 1 should vigilant about these matter and being a Chairman of the local bodies make alternative arrangement for the public as early as possible and give direction to local bodies for the facilities at the bus stop which are important for the public.
O R D E R.
Perused the records and documents filed by the petitioner the Hon’ble Forum has directed the O.P. No. 1 & 4 to make necessary arrangement for Drinking water, Rest shed, Renovation of Sulabha Souchalaya at Nuapada Govt. Bus Stand and Sinapali Bus Stand by directing the Local Authorities or Bodies.
The O.P. No. 4, D.T.M., Nuapada has directed to make arrangement for screen inside the Bus which are running on the Road during the time of summer season.
And O P No.4 has to display the Fare Chart inside the Bus and prominent Bus stand of Nuapada district .
The O.P. No. 4 directed to pay Rs. 500/- (Rupees five hundred) towards excess amount collected by the Conductor in the Govt. Bus from the complainant on that day when he was travelling from Nuapada to Sinapali and Sinapali to Nuapada and pay Rs. 5,000/- (Rupees five thousand) only for compensation for delay in Bus timing and harassment by the O.P. owner of the Bus within 2 (two) months from the date of order.
Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 28th day of March 2017.
