BEFORE THE DISTRICT CONSUMER

       DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.111/2016
 

DATE OF FILING: 2/08/2016

DATED: 12^th day of October, 2018

   P r e  s e n t: 

01) Smt.Sharada.K.                                                    President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                         Lady   Member…

                            B.A (Music)

                V/s.

                                           JUDGEMENT DELIVERED BY     SMT.SHARADA.K.PRESIDENT

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) directed to reimburse the extra amount of Rs.12,000/- with interest and Rs.25,000/- mental agony and Rs.5,000/- towards cost of this complaint and such other relief to the complainant as it deems fit under the circumstances of the case.

2.    The brief fact of the case are as follows:

Complainant had arranged the marriage of his relative at Athani and he has to carry the relatives to attend the marriage at Athani. In this regard the complainant contacted the Depot Manager, NWKRTC Jamakhandi and requested him to arrange one extra Bus on 29/05/2016 to transport the relatives to Athani to attend the marriage. O.P.1 informed the complainant to contact Shri. A.R. Teli Assistant Traffic Inspector, NWKRTC Jamakhandi. The complainant contacted A.R. Teli and informed about arranging for an extra bus to and from Jamakhandi and back and asked the complainant to deposit Rs.12,000/- with him. Accordingly the complainant had given Rs.10,000/- to said official and asked about the receipt for the said amount. Complainant further submits that on 29/05/2016 one extra bus was arranged for transporting the marriage party and the Bus No.KA-23/F588. The total passengers in the bus were 60 in number and the conductor issued the tickets to all 60 passengers and collected Rs.70 each. But this was questioned by the complainant that the actual fare is of Rs.36 only. The conductor informed the complainant that Shri. A.R. Teli  had informed collect Rs.70 and issue the ticket for the same. The actual Kilomitor from Jamakhandi to Athani is only 48 km. by this they have collected extra amount of Rs.34, in each ticket from to journey.

Complainant further contended that complainant contacted Shri. A.R. Teli and informed about the said happenings of collecting extra money for each ticket issued. The said official denied and told that they had not contacted him about arranging for extra bus on 29/05/2016 from Athani to Jamakhandi and back and had not deposited any amount with him and this also has been recorded in the mobile phone. Complainant contacted the O.P.1 and requested to reimburse the extra collected amount other than the fixed ticket amount. Opponents had turned their deaf years towards the complainant also the complainant had submitted one request application in his letter head to the O.Ps. The complainant was got issued legal notice through his counsel but they never cared. Hence, complainant has filed the present Complaint.       

3.      After receipt of Notice OP No.1 and 2 appeared through their counsel and filed Objection.

4.     The Objection of O.Ps. are as follows:

OP contended that the complaint filed by the complainant is false frivolous and vexatious one. The complaint is not maintainable under the law. It is true to say that the complainant had arranged the marriage of his relative at Athani and he has to carry the relatives to attend the marriage at Athani and it is not true to say that complainant contacted the Depot Manager, NWKRTC Jamakhandi and requested him to arrange one extra Bus on 29/05/2016 to transport the relatives to Athani to attend the marriage and it is false to say that the O.P.1 informed the complainant to contact Shri.A.R. Teli Assistant Traffic Inspector, NWKRTC Jamakhandi. The complainant contacted Shri. A.R. Teli and informed arranging for an extra but to and from Jamakhandi and back.  The above said officer agreed for the same and asked the complainant to deposit Rs.12,000/- with him, accordingly the complainant had given Rs.10,000/- to said official and asked about the receipt for the said amount. Shri.A.R.Teli informed the complainant that there is no need giving any receipt as the entire amount would be given to the conductor of the extra bus arranged on the said date.

O.P. further contended that it is false to say that, the complainant had recorded all this conversation in his mobile phone and made the CD disc and it is true that, accordingly on 29.05.2016, one extra bus was arranged for transporting the marriage party and the Bus number was KA 23/F-588. The total passengers in the Bus were 60 in numbers and the conductor issued the tickets to all 60 passengers and collected Rs.70/- each. It is false to say that, but this was questioned by the complainant that, the actual fare is of Rs.36/- only. But, the conductor informed the complainant that Shri.A.R.Teli had informed collect Rs.70/- and issue the ticket for the same and same thing happened while coming back from Athani to Jamakhandi as the said Bus plied and the conductor was also same. The actual Kilometer from Jamakhandi to Athani is only 48 Km. by this they have collected extra amount of Rs.34/-, in each ticket from to fro journey. For issuing all the tickets the conducted has not collected any amount from the complainant as the conductor informed that, Shri.A.R.Teli had given the amount to him the issued tickets have been bonduled and produced with this complaint. It is false to say that, after the complainant contacted Shri.A.R.Teli and informed about the said happenings of collecting extra money for each ticket issued. But, the said official denied and told that, they had not contacted him about arranging for extra bus on 29.05.2016 from Athani to Jamkhandi and back and had not deposited any amount with him. This also has been recorded in the Mobile Phone and made the CD and if the Hon’ble Forum permits the same can be played before the Hon’ble Forum.

It is false to say that, by collecting extra amount rather than fixed stage amounts to unfair trade practice as per Sec.2(r) (iv), (v), (vi) of the Consumer Protection Act. For which Ops have to be directed by the Hon’ble Forum to pay Rs.25,000/- as mental agony and damages. It is false to say that, after this complainant contacted the OP.No.1 and requested to reimburse the extra collected amount other than the fixed ticket amount. But the Ops had turned their deaf years towards the complainant also the complainant had submitted one request application in his letter head to the Ops. But, they never cared. Hence, the complainant was being fed-up with attitude of Ops requested his Advocate to issue legal notice to the OPs. Accordingly, the legal notices were sent through Registered Post, even after receiving the legal notice, they have not responded till today. This amounts to deficiency in service as per 2 (g) of C.P. Act. Shri.Himayat S/o. Hajilal Pailwan R/o. Jamakhandi not all  approached to the Depot Manager and A.R. Teli for extra Bus, one Shri. S.V. Mahat of Jamakhandi approached for extra Bus. As per NWKRTC Rules arranged extra Bus in Express rate plus 20% more rate at the rate of stage Jamakhandi to Athani to get the passengers out of the Bus stand area at the rate Rs.70/- per head. It is false that the complainant has deposited Rs.12,000/-.  On 29/05/2016 the claimant taken additional bus from outside bus stand of Jamakhandi to outside bus stand of Athani for up and down. Hence 1+1 total 2 stages extra and from Jamakhandi to Athani bus stand 8 stages are there and the additional 2 stages total 10 stages are there. Hence the Vegadoot fair 60+20% total extra Rs.12/- as GO direction. Hence we have taken additional fair of Rs.10/- only total Rs.70/- fair is fixed. As per rules and regulations of Corporation A.R. Teli engaged the Additional Bus for A.S. Mahata and there is no negligence in discharging the duty and he has followed the directions of the Corporation. Hence, this Complaint is dismissed in the interest of justice and equity.

5.      The complainant tendered affidavit evidence and filed documents in support of his case. On the other hand, Ops. have filed Chief affidavit and documents in support of his case and closed the evidence of both side.

6.     On the basis of above said pleadings, written Argument of complainant, oral and documentary evidence, the following points arises for adjudications are as follows: 

7. Our Answer to the above points are:-

Point No.1 – Negative.

Point No.2 - As per the final order for the following:

R E A S O N S

        8.  POINT NO.1:  The complainant has filed this complaint against the OP submitting that, he requested OPs to arrange extra bus on 29.05.2016 to transport the relatives of the complainant to attend the Marriage at Athani. Hence Complainant has approached the OP.No.1, OP No.1 informed the complainant to contact Sri A.R.Teli Assistant Traffic Inspector in NWKRTC Jumkhandi and inform about the arranging of extra bus to and fro. As per the complainant submission, the said officer asked the complainant to deposit Rs.12,000/- with him accordingly he deposited Rs.10,000/- with the said officer and the said officer not issued any receipt to the complainant and complainant submits that, he had recorded all the conversation in the mobile and made the CD disk. Accordingly, on 29.05.2016 an extra bus was arranged KA 23/F 588 and there are 60 passengers in a bus and collected 70 rupees from each, the actual fare is 36 rupees only. When the complainant has enquired about this, the conductor on duty informed that, the A.R.Teli had informed to collect Rs.70 and issue the tickets for the same, while coming back also he had collected Rs.70/- when he asked about this both the officer and conductor (OP’s) have not answered to the same.

          9. On the other hand OP submits that, they had admitted that OPs have arranged extra bus on that day outside bus stand of Jumkhandi to outside bus stand of Athani for up and down, hence one plus one total 2 stages extra and from Jumkhandi to athani bus stands 8 stages are there and the additional 2 stages total 10 stages are there on that day Vegadoot bus was arranged, the bus fare is Rs.60/- plus 20% as per the government order i.e. extra Rs.12/- was to be collected, but S.V Mahat is the employee of OP, hence they have taken extra Rs.10/- only instead of Rs.12/-. But while travelling dispute raised between S.V Mahat and conductor and forced the conductor, to charge less than Rs.70/- and the conductor informed the same to A.R Teli. The A.R Teli opposed the same and issued the actual fare tickets to take the revenge Complainant filed this false complainant against the OPs.

          10. On-going through the records on file complainant not filed Any type of receipt or agreement between them and only filed the bunch of ticket Forum also cannot come to the conclusion that, if there is a marriage party, Complainant has booked a bus on contract basis and even there are no document to show that, he had paid Rs.10,000/- to the OP i.e. A.R Teli. On the other hand as per the statement of OP it shows that, there was a dispute the employee of OP and A.R Teli and even there is no document to show that, the complainant had hired the vehicle on that day as per the statement of OP his employee Sri.S.V Mahat requested to arrange extra bus on that day, complainant was no more customer to the Op’s it shows that, there was a dispute between the parties and there is a miss-appropriation is shown in the complaint that, A.R Teli had received Rs.10,000/- from the complainant and not issued the receipt and as per the submission of the complainant he recorded the conversation and requested the Forum play it in the Forum, since we come to the conclusion that, this case need a lot of evidence expert opinion and take lot of time to proceed the same, hence we answer point no.1 in the Negative.           

         11.  POINT NO. 2: In view of our findings on the above points, in the result, we pass the following: 

//O R D E R//

1. The Complaint is dismissed.
2. Further Complainant is directed to approach a proper court.
3. Parties have to bear their own cost.
4. Send the copies of this order to the parties free of cost.

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 12^th day of October 2018)