1.                     The brief history of the case of the complainant is that on 21.11.2015 at about 7.15 AM he traveled in the bus bearing No. OR 07Q 4845 from Jeypore bus stand to Nabarangpur and the OP-2 styling as Conductor demanded Rs.40/- towards fare from Jeypore to Nabarangpur.  When the complainant stated that the bus fare from Jeypore to Nabarangpur is Rs.31/- as it covers only 42 Kms, the Conductor forced the complainant to pay Rs.40/- in front of one Sri P. K. Rath who was co-passenger and happens to be the friend of the complainant.  It is submitted that the complainant and his friend tendered Rs.40/- each and after reaching Nabarangpur and on repeated requests the OP.2 issued tickets for Rs.40/- each.   It is further submitted that the complainant through RTI application gathered information from OP.1 that the fare from Jeypore to Nabarangpur is Rs.31/- and the OP.2 has issued false ticket to the complainant.  It is also further submitted that from Jeypore to Nabarangpur there has been fixed a stoppage at Borigumma but the OP.2 picks up passengers at more than 10 places.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops to refund Rs.9/- towards extra amount taken by OP.2 and to pay Rs.50, 000/- towards compensation and costs to the complainant.

2.                     The OP.1 filed counter denying the allegations of the complainant and contended that no such extra fare collection complaint has been received by the OP.1 from the complainant.  It is contended that the bus bearing No. OR 07Q 4845 was taken by Sri S. Srinivas Rao, Agent on lease basis to ply the bus from Berhampur to Nabarangpur and as the conductor was engaged by him after lease out of the bus, the OP.1 has no role for collection of any excess fare. Since there was no complaint of any extra fare collection before the OP.1, the OP.1 is nothing to do in this matter.  It is further contended that after receipt of notice from Hon’ble Forum, the matter is under investigation and if the fact is found to be true, necessary action will be taken against the lease holder.  The OP admitted that the distance from Jeypore to Nabarangpur is 42 Kms and the fare is Re.0.74 Ps per KM and if the conductor has collected excess fare, he is only responsible but not the OP.1. Thus denying any fault on its part, the OP prayed to dismiss the case of the complainant.

3.                     OP No.2 also filed counter denying the allegations of the complainant but admitted that he has taken the alleged bus from the OP.1 on lease basis and the passenger fare from Jeypore to Nabarangpur is Rs.31/-.  Denying the allegation of receiving Rs.40/- from the complainant instead of Rs.31/-, the OP contended that the complainant tendered Rs.30/- on the date of his journey and requested the OP to receive the amount as he had no one rupee with him.  The OP received Rs.30/- but mistakenly issued ticket worth Rs.40/- due to tedious journey through out night all the way from Berhampur which is a bona fide mistake.  The OP also denied issue of ticket worth Rs.40/- and collection of said amount from the friend of the complainant and required proof of the same fact.  The OP also denying the halt of bus at 10 places from Jeypore to Nabarangpur, it stated that on that date the bus only stopped at New Bus Stand and another at Borigumma.  Thus denying any deficiency in service on its part, the OP submitted that the complainant is not entitled to get refund of Rs.9/- as well as the compensation amount as prayed for and also prayed to dismiss the case of the complainant.

4.                     The complainant has filed certain documents in support of his case.  Heard from the OP.1 through its A/R and posted the matter for orders on merit.

5.                     In this case it is an admitted fact that the OP.2 had taken Hi Tech bus bearing No. OR 07Q 4845 from OP.1 to run on lease basis from Berhampur to Nabarangpur via Parlakhemundi.  The complainant stated that he traveled in the said bus on 21.11.2015 from Jeypore to Nabarangpur and the OP.2 collected Rs.40/- on demand towards fare from Jeypore to Nabarangpur instead of Rs.31/-.  The complainant has produced copy of ticket issued by OP.2 along with copy of RTI information collected from OP.1.  As copy of ticket is not disputed by OP.2, it can easily be concluded that the complainant had performed his journey on 21.11.2015 in the bus of OP.2 and the OP.2 has issued the ticket.

6.                     From the RTI information as well as admission of OP.2 in his counter, the ticket fare in Hi Tech bus from Jeypore to Nabarangpur is Rs.31/-.  The case of the complainant is that the OP.2 on demand collected Rs.40/- from him as well as from his friend.  From the copy of ticket it was seen that the fare has been written in alphabets as “Forty” but the OP.2 stated that the complainant has only tendered Rs.30/- as he had no one rupee change to which he gladly accepted and mistakenly wrote Rs.40/- on the ticket due to tedious journey throughout the night.  This contention of the OP.2 does not sound good.  Once the fare is written on the ticket it is final and no such plea can be entertained.  As the fare is Rs.31/- and the OP.2 has received Rs.40/-, this action of OP.2 in our opinion, amounts to unfair trade practice.

7.                     The complainant further stated that the OP.2 has collected Rs.40/- from him as well as from his friend, Sri P. K. Rath and issued tickets at Rs.40/- each.  The complainant in support of his allegation has not adduced any evidence.  No ticket of Mr. Rath on that date has been filed and we found no proof otherwise regarding misbehavior by OP.2 to them.  Similarly, there is no evidence forthcoming regarding halt of the bus at 10 places from Jeypore to Nabarangpur as alleged by the complainant.  Hence we found no force in the above allegations of the complainant.  However, we can clearly see from the face of the ticket issued to the complainant that the fare has been written as ‘forty’ from Jeypore to Nabarangpur though vehemently denied by OP.2. Hence the complainant is entitled to get refund of Rs.9/-.  Further due to such incident, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure for which he is entitled for some compensation and costs.  Considering the sufferings of the complainant, we feel a sum of Rs.1000/- in total towards compensation, cost and excess fare in favor of the complainant will meet the ends of justice.

8.                     Hence ordered that the complaint petition is allowed in part and the OP.2 is directed to pay Rs.1000/- in total towards compensation, cost and excess fare to the complainant within 30 days from the date of communication of this order failing which the awarded amount shall carry interest @ 12% p.a. from the date of this order.

(to dict.)