Before the District Forum: Kurnool
Sri K.V.H. Prasad, B.A., LL.B., President
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B. Com., LL.B., Member
Monday the 26th day of July, 2004
C.D.No.21/2004
B.Thimmappa,
S/o. Late Narasinganna,
R/o. H. Muruvani Vil,
Peddakadabur (M),
Kurnool Dist. . . . Complainant
-Vs-
1.The Depot Manager,
APSRTC,
Yemmiganur.
2.The Divisional Manager,
APSRTC,
Kurnool
3. The Regional Manager,
APSRTC,
Kurnool. . . . Opposite parties 1 to 3 represented
by their counsel Sri G.Madusudhan Reddy
O R D E R
(As per Smt C.Preethi, Member)
1. This CD complaint of the complainant is field, under section 12 of C.P.Act, 1986 seeking a direction on the opposite party to pay Rs. 50,000/- as compensation for causing mental agony and annoyance, Rs.4 as cost of return ticket, Rs.2,000/- as cost of the complaint and any such other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complaint of the complainant are that the complainant is native of
H. Muruvani Village of Pedda Kadabur (M), Adoni Taluq, Kurnool District. As the complainant is a practicing Advocate at Yemmiganur bar, he has to travel up and down from H.Muravani to Yemmiganur. For the said travel the complainant purchased season ticket commencing from 15.1.2004 to 14.2.2004 by paying Rs.240/- and travelled on the said ticket from 15.1.2004 to 17.1.2004 and on 18.1.2004 the complaint board a RTC bus bearing No. AP 10-2-1475 at H. Muravani, in the middle of the travel two squad employees of APSRTC inspected the complainant’s season ticket and observed date in season ticket as valid from 15.1.2004 to 14.1.2004 and demanded ticket from the complainant as the said ticket is invalid. The complaint there upon requested the squad not to demand ticket as he purchased the said season ticket from APSRTC, Yemmiganur office for a period valid from 15.1.2004 to 14.2.2004, but the office staff mistakenly written the valid date from 15.1.2004 to 14.1.2004, but the squad did not oblige to the request of the complainant, recklessly and forcibly demanded ticket from the complainant, and the squad insulted the complainant in the presence of the co-passengers, the complainant has no other way except to purchase the ticket, which caused mental annoyance to the complainant. Thereafter the complainant approached the Depot Manager, Yemmiganur for necessary correction in the season ticket. The act of opposite party in not issuing correct season ticket and squad of opposite parties in recklessly and forcibly demanding ticket from the complainant and insulting the complaint in public, even though there was no mistake on part of the complainant, is amounting to deficiency of service to the complainant.
3. In substantiation of his case the complainant filed the following documents Viz (1) season ticket bearing No. 03471 issued by opposite party No.1 (2) ticket bearing No. 443 769758 given in bus (3) Letter dt 24.1.2004 addressed by opposite party No.1 to complainant and (4) legal notice dt 18.1.2004 issued by complainant in the capacity of Advocate to opposite party No.1 and marked copy to opposite party 2 &3 besides to his sworn affidavit in reiteration of his complaint avernments and the above documents are marked as Ex A.1 to A.4 for its appreciation in this case.
4. In pursuance to the notice of this Forum of this case of the complainant the opposite parties appeared through their standing counsel and opposite party No.1 filed written version and opposite party No.2 and 3 filed adoption memo adopting written version of opposite party No.1denying the complainant as not maintainable either in law or on facts and admit the complainant purchasing season ticket No. 03471 on 15.1.2004 and it is valid from 15.1.2004 to 14.2.2004. It also admits the mistake in the season ticket as the season ticket issuing staff erroneously written dt 14.1.2004 instead of 14.2.2004 and the complainant also failed to check up the validity date, while receiving the season ticket and denies the allegations made against the squad of opposite parties and the complainant is not entitled to any compensation as there is no deficiency of service on part of opposite party as it is for the complainant to verify the validity date, while receiving the season ticket and prays for the dismissal of complaint with costs.
5. In substantiation of its case the opposite party did not filed any documents nor an affidavit is filed in support of their written version.
6. Hence the point for consideration is to what relief the complainant is remaining entitled alleging deficiency of service on part of opposite party in issuing in valid season ticket:-
7. The facts which are not indispute are that the complainant purchasing season ticket bearing No. 03471 from opposite party No.1 by paying Rs.240/- to travel from H.Muravani to Yemmiganur. There is no dispute that the opposite party issued an invalid season ticket mentioning wrong date as 14.1.2004 instead of 14.2.2004 and the squad of opposite parties observed the said mistake.
8. The complainant submits that the squad of opposite parties after observing the said mistake forced the complainant to purchase ticket for traveling or to get down from the bus, but the said mistake of mentioning wrong dates was made by the staff of the opposite parties and there is no fault of complainant for causing said mistake. But the opposite parties submits in its written version that the office staff of opposite parties has done their duty and it is for the complainant to verify whether the dates are correctly mentioned or not and there is no deficiency on the part of opposite parties in mentioning wrong dates. But this plea of opposite parties cannot be accepted as it is not supported by any sworn affidavit, as the issuing authority, who issued the said season ticket to the complainant should take due care by diligence, before issuing the said season ticket and cannot throw the blame on the other side for not verifying after receiving the said season ticket, and when the said care is not taken by the opposite parties, it amounts to deficiency of service and for the said mistake of the opposite parties, the complainant cannot be founded fault with and suffer, especially when the opposite parties being in advantage position as issuing authority and leaving the complainant with no alternative except to abide to the mistake committed by opposite parties in issuing wrong season ticket. Thereafter when the said mistake was observed by the squad of opposite parties, there is no necessary for the squad to force the complainant to purchase ticket and insult in the presence of co-passengers, especially when the mistake was done by their own staff. Hence there remains deficiency of service on the part of the opposite party for the simple fact that the opposite parties issuing season ticket with wrong dates and the squad of opposite parties forcing the complainant to purchase ticket and insulting in the presence of co-passengers.
9. The opposite parties did not place any material in support of their written version did neither filed any documents nor any sowrn-affidavit nor the counsel for opposite parties made his arguments to substantiate their pleas, except filling written version, no endeavour was made by opposite parties to rebut the contentions alleged by the complainant at any stage of proceedings of the case. Hence their remains absolute deficiency of service by the opposite parties to the complainant.
10. Thus the complainant is certainly remaining entitled for the compensation for suffering, mental agony, and mental annoyance, he faced at the deficient conduct and deficiency of service of the opposite parties and the loss suffered by the complainant is indemnifiable. Hence in the above said circumstances the complainant’s entitleness to Rs.50, 000/ is just and reasonable as compensation in this case, along with Rs.4 as cost of the ticket and Rs.2,000/- as cost of complaint.
11. In the result the complaint is allowed directing the opposite parties to pay Rs.50, 000/- with 9% interest per annum from the date of this petition till realization towards compensation for damage, mental agony and mental annoyance suffered by the complainant at the deficient conduct and deficiency of service of the opposite parties, Rs.4 as cost of ticket and Rs.2,000/- 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 26th day of July, 2004.
PRESIDENT
MEMBER MEMBER
