BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Tuesday the 05th day of October , 2010
C.C. No. 103/10
Between:
- V.Prasad,S/o V.Ramamurthy,
H.No. 26-285, Near Chinna Market, Kurnool.
2. V.Nagalakshmi Prasanna, W/o. V.Prasad,
H.No.26-285, Near Chinna Market, Kurnool.
…Complainants
-Vs-
1. The APSRTC, Rep.by its DEPOT MANAGER,
VIJAYAWADA.
2. The APSRTC, Rep.by its Managing Director cum Vice Chairman,
Bus Bhavan, Musheerabad, Hyderabad.
….…Opposite Parties
This complaint is coming on this day for orders in the presence of Sri. M. Sivaji Rao, Advocate, for complainant, and Sri. G. Madhu Sudhan Reddy , Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 103/10
1. This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs
(a) to pay a sum of Rs.25,000/- to each complainant for causing mental agony and hardship to the both complainants
(b) and to return the difference fare amount with other express
bus .
(c) to pay the costs of this complaint
(d) to order any other order or orders that are deems to be fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under :- The 2nd complainant is the wife of the 1st complainant . On 18-02-2010 the complainants boarded the DVD coach bus bearing No. AP 28Z 3338 at Kurnool to go to Vijayawada. The service No of the said bus is 3927 and it is super luxury bus. The complainants chosen to travel in the said bus as it is having DVD facility. The complainants purchased ticket bearing No. TNA 37776 and paid Rs.472/- . The driver of the bus did not play the DVD to see the movie. On enquiry the driver of the bus informed them that there is no DVD in the bus. After reaching Vijayawada the complainant gave written complaint to Mr. Vital Rao , the duty Trafic Inspector . The Trafic Inspector received the complaint and gave acknowledgement. The APSRTC lured the complainants to board the bus by showing the DVD coach board and collected excess fair of Rs.50/- per head. On 08-03-2010 the complainants got issued legal notice to both parties to pay compensation of Rs.50,000/- for causing mental agony and hardship to the complainants . The OPs received the said notice but they did not choose to give any reply. Hence the complaint.
3. OP.No.1 filed written version and the same is adopted by OP.No.2. OP.No.1 in the written version stated that on 18-02-2010 the RTC bus bearing No. AP -28-Z-3338 was operated from Mantralayam to Vijayawada Via Kurnool. It is TIM services i.e, without conductor .Providing DVD and TV in the super luxury buses is value added entertainment to the passengers. Even in the DVD services the DVD operation will be stopped by 11-00 P.M. No amount was collected for providing DVD facility. Hence the question of deficiency of service does not arise . In Vijayawada bus depot the operation of DVD contract was given to one S.S.R.K. Prasad from 01-10-2008 to 30-09-2010. The corporation is paying the amount to the contractor. In the present case the DVD was operated up to Atmakur . From Atmakur Nallamalla Forest starts. There is a prohibition of operating loud noise in Nallamalla forest . Hence the DVD was stopped form Atmakur. There is no deficiency of service and the complaint is filed to gain wrongfully.
4. On behalf of the complainant Ex.A1 to A4 are marked and the sworn affidavit of the 1st complainant is filed. On behalf of the opposite parties no documents are marked and the sworn affidavit of OP.No.1 is filed.
5. Both parties filed written arguments.
6. The points that arise for consideration are
(i) whether there was unfair trade practice and deficiency of service on the part of the OPs ?
(ii) whether the complainant is entitled to the relief as prayed for
(iii) To what relief?
7. Point No.1 :- It is the case of the complainants that they traveled in APSRTC bus bearing No. AP 28Z 3338. On 18-02-2010 from Kurnool to Vijayawada. To prove the same the complainants relied on the sworn affidavit of the 1st complainant and also Ex.A1 bus ticket issued by APSRTC. Ex.A1 goes to show that on 18-02-2010 two tickets were issued by APSRTC to the passengers to travel from Kurnool to Vijayawada by collecting total amount of Rs.472/-. The ticket No.is TNA 37776 . Admittedly the bus bearing No.AP 28Z 3338 was operated on 18-02-2010 from Mantralayam to Vijayawada. It is a DVD super luxury bus.
8. It is the case of the complainant that they purchased the tickets to travel in the said bus by seeing that it has DVD facility. It is stated by the complainant in affidavit that they paid extra fair of Rs.50/- per head as the bus was having DVD facility. In Ex.A1 there is no specific mention that Rs.50/- per head was collected for providing DVD facility in the bus. The complainant also filed Ex.A2 photograph of the bus bearing No. AP 28Z 3338 .There is a board in front of the bus stating “ DVD COACH’’ .The main contention of the complainants is that the DVD was not operated when the bus was plying in between Kurnool and Vijayawada . According to the OPs the DVD was operated up to Atmakur and thereafter it was stopped as the bus had to pass thourgh Nallamalla Forest. The OPs did not place any documentary evidence to show that there is a prohibition of operation of DVD in the bus while plying in Nalamma Forest road. It is the driver of the bus who can speak about the state of affairs that took place on 18-02-2010. The OPs have not chosen to file sworn affidavit of the driver of the bus on18-02-2010. OP.No.1 who is a depot Manager, APSRTC have no personal knowledge whether DVD was operated in the bus on 18-02-2010. The OPs suppressed the best evidence available on their side . The OPs have not given any explanation as to why they could not file the sworn affidavit of the driver of the bus on 18-02-2010. Non operation of the DVD by the driver of the bus is a deficiency of service. The complainants purchased the tickets hoping that they could spend their time by seeing the movie while traveling. The complainants were induced to travel in the said bus by stating that there was DVD facility in the bus. It amounts to unfair trade practice on the part of the OPs. According to the complainants they suffered mental agony due to the non operation of the DVD by the driver of the bus on 18-02-2010 . It is mentioned in the sworn affidavit of the complainant that he lodged a complaint to traffic inspector Vital Rao at Vijayawada. Ex.A3 is the copy of the said report. There is deficiency of service on the part of the OPs. There is also unfair trade practice on the part of the OPs by making the complainants to believe that there is a DVD facility in the bus bearing No. AP 28Z 3338. The OPs are liable to pay compensation for mental agony caused to the complainants by not operating the DVD in the bus on 18-02-2010 .
11. Point No.4 :- In the result the complaint is partly allowed directing the OPs jointly and severally to pay compensation of Rs.500/- each to the complainants within two months form the date of the complaint. But in the circumstances no costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 05th day of October, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the complainant:-
Ex.A1 APSRTC Buss ticket NO. TNA37776.
Ex.A2. Photo copy of the APSRTC Bus.
Ex.A3. Photo copy of complainant letter dt.19-02-2010.
Ex.A4. Office copy of the legal notice
dt.08-03-2010 along with postal receipts and ack.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
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