Before the District Consumer Forum

 Present Sri K.V.H.Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B.Com., LL.B.,

Tuesday the 14^th day of June 2005

C.D.No. 69/2005

A.Venu Gopal,

C/o. Y.Sreenivasulu,

Advocate,

Opp. District Court,

Kurnool.                                                                      . . . Complainant.

       -Vs-

The Depot Manager,

A.P.S.R.T.C Depot II,

Kurnool.                                                                      . . . Opposite party

O R D E R

(As per Sri R. Ramachandra Reddy Hon’ble Member)

1.         This CD complaint of the complainant is filed under section 11 and 12 of the C.P. Act 1986 seeking a direction on the opposite party to pay Rs. 50,000/- as compensation for causing mental agony, refund of the bus fare amount of Rs. 86/-, the cost of the complaint and any other relief which the complainant is entitled in the circumstance of the case.

2.         The brief facts of the complaint of the complainant are that the complainant on 30.01.2005 at about 6.30 A.M took a ticket No. Sl. 71044, seat No. 13 (cat card) to go to Hyderabad in a bus bearing No. AP21 U7999 (depot-2) after reaching Pebbair the driver decided to take break fast, all of them get down from the bus for break fast and after wards the driver of the bus move the vehicle even though the complainant informed to him that he is going to urinals.  After passing of Urinal, the complainant observed the moving of vehicle and tried to stop the said vehicle but the driver of the bus negligently drive the vehicle and went away from the said bus stand without stopping the vehicle.  Immediately the complainant caught hold another bus to catch the said bus.  But all the efforts of complainant are failed.   The complainant dropped at Kothakota and informed to the opposite party on telephone and also informed to the Hyderabad R.T.C Depot. about the incidence.  Then the complainant gone to Hyderabad by another bus bearing No. AP 11Z 2289 which is going from Kurnool to Shiridi.  On 30.01.2005 the complainant submitted written complaint to the S.M., MGBS, Hyderabad for taking necessary action against the driver of the vehicle. On 30.01.2005 night the complainant return back to Kurnool from Hyderabad and again on 31.01.2005 the complainant submitted another written complainant to the opposite party.  But so far the opposite party has not taken any action against the driver of the vehicle.  Due to this negligent attitude of opposite party driver, the complainant suffered lot of inconvenient by mentally and financially.  Hence the opposite party liable to pay compensation to the complainant. 

3.         In pursuance his case the complainant filed the following documents Viz (1) complaint dt 30.01.2005 to Hyderabad Bus Depot (2) complaint dt 31.01.2005 to Kurnool Depot (opposite party) (3) reply dt 31.01.2005 given by Kurnool Bus Depot (opposite party) to the complainant (4) Original ticket No. SL. 71044, seat No. 13 (cat card) purchased from the opposite party at Kurnool Bus Depot to go to Hyderabad in the bus bearing No. AP 21 U 7999 (Depot -2) (5) bunch of three tickets purchased all worth of Rs. 67/- for traveling from Kothakota to Hyderabad in Kurnool to Shiridi bus, besides to his sworn affidavit in re-iteration of his complaint averments and the above documents are marked as Ex A.1 to A.5 for its appreciation in this case.

4.         In pursuance of the receipt of the notice of this Forum as to this case of the complainant the opposite party neither appeared before this Forum nor contested the case of the complainant filing any written version with any defence and there by remained exparte.

5.         Hence, the point for consideration is whether the complainant has made out the case of deficiency on the part of the opposite party towards him entitling him for the reliefs sought?:-

6.         The facts which are not in dispute are mentioned in Ex A.4 and Ex A.5. This clearly shows in the Ex A.3 which is a reply letter dt 31.01.2005 of opposite party, where in the opposite party as to the grievances of the complainant in its complaint letters dt 30.01.2005 (Ex A.1) and dt 31.01.2005 (Ex A.) by acknowledging the same, clearly mentioned that the opposite party was very much regret for the inconvenience caused to the complainant while traveling in the bus No. AP 21 U 7999 on route Kurnool - Hyderabad and further informed that the necessary enquiry will be made and suitable action will be initiated on the staff responsible. With this reply the complainant seems to be satisfied as to the above said complaints (Ex A.4 and A.5) and not made any further efforts such as issuing of another legal notice to know about the action taken by the opposite party against the erring driver, if there is no such intimation about the action either initiated or taken against the said driver within reasonable time he would have informed the opposite party that he will be constrained to approach the Consumer Forum for the said reliefs which he was claimed in the complaint.  In the absence of the above said cogent material the complainant is entitled only the bus fare which he paid to the opposite party at Kurnool i.e Rs. 86/- and Rs. 67/- for the three bunch of tickets which he purchased at Kothakota in Kurnool to Shiridi Bus to go to Hyderabad and Rs. 100/- as cost of the complaint.

7.         In the result, the complaint is allowed directing the opposite party to pay Rs. 86/- +Rs. 67/- towards cost of tickets which he incurred at Kurnool bus Depot (opposite party) and at Kothakota in Kurnool to Shiridi bus to go to Hyderabad and Rs. 100/- as cost of this complaint within one month from the date of receipt of this order.

            Dictated to the Stenographer, Typed to the Dictation corrected by us pronounced in the Open Court this the 14 th day of June, 2005.

PRESIDENT

            MEMBER                                                                                           MEMBER

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant                                                                            For the opposite party

            -Nil-                                                                                                     -Nil-

List of Exhibits Marked

For the complainant                                                                            For the opposite party

Ex A.1 complaint dt 30.01.2005                                                                    -Nil-

To Hyderabad.

Ex A.2 complaint dt 31.01.2005

To Kurnool Dept.

Ex A.3 Reply dt 31.01.2005 given

By Kurnool depot to the complainant.

Ex A.4 Original Ticket.

Ex A.5 Bunch of 3 tickets all worth

For traveling from Kothakota to

Hyderabad in Kurool to Shiridi.

PRESIDENT

            MEMBER                                                                                           MEMBER