BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of April, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.63/2009

Between

Complainant : M.C. Georgekutty

Driver, Child Development

Project Office,

Thadiyampadu

Idukki District.

(By Adv: C.K.Babu)

And

Opposite Parties : 1. Conductor,

Pournami Bus,

No.KL 6D 5515

Kattappana.

2. Owner,

Pournami Bus,

No.KL 6D 5515

Kattappana.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

On 17/03/2009 evening at 4 PM, the complainant travelled in "Pournami" bus bearing Reg. No. KL 6D 5515, in Thadiyampadu-Adimaly route for going to Kallarkutty. Complainant paid Rs.15/- and obtained a ticket of Rs.14.50/- from the 1st opposite party. The balance 50 paise was not given to the complainant. Complainant argued that the ticket charge for Thadiyampadu-Kallarkutty is Rs.13/- and not Rs.14.50/-. When the complainant questioned about this, the opposite party abused the complainant and threatened him. The balance 50 paise was not given to the complainant. On 19/03/2009 and on 20/03/2009 the complainant travelled in the buses named Elite and in Ammu, they have received only Rs.13/- as ticket charge from Thadiyampadu to Kallarkutty. The act of the opposite party made mental agony and hardship to the complainant. So the petition is filed against the unfair trade practice committed by the opposite party in receiving excess amount from the complainant and also for compensation.

2. The opposite party was absent and called ex-parte.

3. The point for consideration is whether there was any unfair trade practice on the part of the opposite parties, and if so for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Exts.P1 and P2(series) marked on the side of the complainant. No oral evidence adduced from the part of the opposite parties.

5. The POINT:- The complainant is filed against the unfair trade practice of a private bus conductor. The complainant was examined as PW1. PW1 deposed that he is working in Child Welfare Development Office at Thadiyampadu and on 17/03/2009, he travelled in the opposite parties bus. The 1st opposite party charged Rs. 14.50/- for the ticket from Thadiyampadu to Kallarkutty and balance 50 paise was not returned to the complainant. The ordinary charge for all the other private buses from Thadiyampadu to Kallarkutty is Rs.13/-. The complainant questioned the matter to the 1st opposite party. The opposite party harassed and threatened the complainant in front of all the other passengers in the bus. The opposite party charged on excess charge other than which fixed from the Government. Ext.P1 is the ticket issued by the opposite party and Ext.P2(series) is the tickets received from the other private buses in this route. Ext.P2(series) is the tickets produced by the complainant from the buses passing through the same route, in which the ticket charge for Thadiyampadu-Kallarkutty is written as Rs.13/- in both tickets. One is issued from Ammu bus and the other is issued from Elite bus. The complainant is a regular passenger in Thadiyampadu-Kallarkuitty route because he is working at Thadiyampadu. The opposite party charged Rs.14.50/- for the journey from Thadiyampadu to Kallarkutty and even the balance 50 paise was also not given to the complainant. When questioned the matter to the opposite party, he abused and threatened him. The matter was not challenged by the opposite party. We think there is nothing to disbelieve the version of the complainant. It may be true that the complainant caused mental agony because of the harassment of the opposite party in the presence of all the other passengers. It is a gross unfair trade practice from the part of the opposite party. Rs.1,000/- can be awarded as compensation for the mental agony caused to the complainant.

Hence the petition allowed. The 1st opposite party is directed to give Rs.1,000/- to the complainant as compensation for the mental agony caused to the complainant within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 30th day of April, 2009.

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - M.C.Georgekutty

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - Ticket issued by the Opposite party.

Ext.P2(series) - Copy of ticket received from other private buses.

On the side of Opposite Parties :

Nil