This complaint is filed U/s 12 of Consumer Protection Act, Seeking directions on opposite parties to pay a sum of Rs.1,00,000/- towards expenses, damages and for costs.

2. In brief the averments of the complaint are here under:

The factual matrix of the case is that the present complainant who is the resident of Repalle, booked on line tickets for the service Vijayawada to Annavaram, belongs to APSRTC at Repalle. Thereafter they went to Annavaram on 12/08/2012 and performed the Satyanarayana Swami Vratham at Annavaram. At the time of online booking on 11-08-2012 the present complainant booked return journey tickets from Annavaram to Vijayawada for the journey on 13-08-2012 at Repalle.

Both the tickets i.e. to and fro were booked by the complainant to him and for his family members of 13 in number. The return journey i.e. Annavaram to Vijayawada should be a deluxe service, to be arranged by the APSRTC.

As per the schedule the complainant and his family members in number 13 came to Annavaram depot at about 3 PM to get the deluxe bus bearing service No.3016, arranged by the APSRTC, Palakonda to reach Vijayawada. At about 4.30 PM the said service came to Annavaram depot which is having the nature of express service. Even it is express service bus the complainant and his family members boarded into the bus. On their entering into the bus the driver told them that it is not a deluxe service and as such there is no reservation facility. Further, he told that the deluxe service bus will come later. Believing the words of the driver, the complainant and his family members get down from the bus and waited for the deluxe service for a long time. But the said service not come to the depot. After that the complainant approached the toll free Number for enquiry and on their advise again he approached Depot Manager, and on the advise of Deport Manager, the complainant contacted the driver of the said service bus. On his approach, the bus driver told to the complainant that now the bus is at Rajahmundry and did not give any information regarding the bus service. As the time is 08.30 PM and there is no chance to catch the said service bus which was reserved by them, they went to Rajahmundry in an ordinary service and reached Rajahmundry at about 10.30 PM and from Rajahmundry with a great difficulty they reached Vijayawada at about 02.00PM with heavy expenses. As the some of the family members are having aged about 70 years and also diabetic patients, suffered a lot and subjected to mental agony. After that the complainant issued a legal notice to the Depot Manager, APSRTC, Palakonda of Srikakulam Depot on 18-08-2012 mentioning all the difficulties and facts, and demanded Rs.1,00,000/- towards compensation. The opposite party on their receiving of legal notice issued a Regd.reply notice for the enquiry on 18-10-2012. After that there is no response from the opposite parties, for which the complainant approached this Forum and filed the present complaint for grant of reliefs as prayed for.

3. Opposite party filed its version which is in brief as follows.

In reply to the complaint, the opposite party filed its version denying all the facts mentioned in the complaint. Further, the opposite party mentioned that due to unavoidable circumstances they were not provided the deluxe service and provided express service bus.At the time when the bus reached Annavaram the complainant and his family members boarded into the bus and asked the driver about the deluxe service. With a deaf ear they were refused to accept the contention of providing express service. In addition to that the complainant and his family members refused to show the reservation tickets on demand of the driver. Further, they also refused to travel in express service as they were booked the tickets for deluxe service. Even inspite of the words of the driver with regard to no service upto 5 to 6 pm on that day, the complainant and his family members get down the bus. As such there is no inconvenience caused, and no deficiency on their part. Further, they mentioned that inspite of the words expressed by the driver in all aspects with regard to change of service, the complainant and his family members get down the bus and so the acts of the complainant and his family members are not at all maintainable, and the inconvenience caused to them is only due to their own negligence. Hence the opposite party prayed this Forum to dismiss the present complaint.

4. The complainant and the opposite party filed their affidavits in support of their contentions. To prove the case, the complainant filed 6 documents which were marked as Exs.A-1 to A-6 and on behalf of opposite party Exs.B-1 to b-3.

5. Now the points for consideration.

1. Whether the complainant is entitled the reliefs as prayed for?

2. Whether there is any negligence or deficiency of services on the part

of the opposite party.

3. To what relief?

6. POINT NO.1&2:- The counsel for the complainant argued that the present complainant booked 13 tickets for his family members from Vijayawada to Annavaram for the journey of 12-08-2012 and for return journey from Annavaram to Vijayawada on 13-08-2012 both to and fro tickets were booked on 11-08-2012 by way of online booking. The complainant and his family members availed the service of opposite party bus to reach Annavaram under the tickets booked for the journey on 12-08-2012. In return journey only they were caused much inconvenience in connection with providing of deluxe service. As per the tickets booked by the complainant, number in 13, the opposite party has to provide deluxe service for the said service. But the opposite party did not provide the deluxe service and a bus which is having the nature of express service provided. Even inspite of the this change of service, the complainant and his family members boarded the bus. But the driver informed that it is not deluxe service bus as such there is no reservation facility, and also said that the deluxe service bus is coming back. Believing the words of driver the complainant and his family members get down the bus and waited for a long time to get the deluxe service bus. For that the said service bus was not came to the Annavaram Bustand. As such the complainant and his family members with a great difficulty and by the ordinary service traveled upto Rajahmundry and after that they reached Vijayawada at about 2.00PM. In the mean time of the said journey they were suffered a lot since some of the family members are having the age of 70 years and suffering with diabetic. All these happened due to the negligence and deficiency of service of opposite party. For which they are entitled for the claim mentioned in the complaint.

7. The counsel for the opposite party argued that the opposite party provided the express service in the place of deluxe service. Further he argued that the driver of the said bus explained with regard to providing express service bus and requested to show the reservation tickets, for which complainant and his family members refused to show their booked tickets and get down the bus since they were reserved for deluxe service. Even inspite of the requests made by the driver they refused to travel on various reasons which are not at all tenable. The inconveniences which were caused to the complainant and his family members are only due to their own negligence. As opposite party provided service for the reserved tickets and as the complainant and his family members refused to travel in the provided bus, there is no deficiency on the part of opposite party and the complaint is liable for dismissal.

8. With the contents of the above arguments and as per the material available on records, it is an admitted fact that the complainant booked reserved tickets for the deluxe service from Annavaram to Vijayawada. Further, it is also an admitted fact that on that day i.e. on 13-08-2012 the opposite party provided express service instead of deluxe service. There is no dispute with regard to these facts. Now the discussing point is whether the provided express service is having reservation facility as booked by the complainant? Further, the point has to be discussed in connection with whether the provided express service was provided on that day or not?

With the contents of Ex.B-1 in terms and conditions it is mentioned that in the “event of cancellation of the bus / service trip, APSRTC will assist the passenger in providing an alternative similar service subject to availability. In case an alternative is not available, then APSRTC shall be liable to the passenger only to the extent of refunding the sum paid by the passenger as per the rules in force directly to the customer. With this the opposite party has to provide the alternative similar service. In the absence, they ought to have refund the amount. Inspite of refunding the amount the opposite party saying that they were provided the express service in the place of deluxe bus for the service of 3016 on 13-08-2012. The opposite party failed in filing the enquiry report as called for the complainant, as per the contents of Ex.A-5. If the version of opposite party is true what prevented them to file enquiry report. So there is deficiency of service on the part of the opposite party in providing the service as per the reservation tickets, and so they are liable to pay appropriate compensation to the complainant and to his family members.

As the suffering inconvenience of the complainant and his family members cannot be estimated in terms of money, but it cannot be denied about the complainant and his family members suffering on account of disruption of service. Hence, awarding of Rs.10,000/- towards compensation will meet the ends of justice.

The above order shall be complied within a period of six weeks from the date of receipt of the copy of order, failing which the amounts ordered in item No.1 shall also carry the interest @ 9% p.a. from the date of receipt of the order till realization.