1.                     The brief facts of the case of the complainant are that he booked 3 tickets for journey on 24.2.2014 from Jeypore to Cuttack vide Ticket No.AC2046 on payment of Rs.1665/- in Nabarangpur-Cuttack OSRTC bus of the Ops and accordingly the complainant, his wife and his father-in-law occupied reserved seats bearing No.19, 20 & 24 in bus No.OR-05-AL-9233 on 24.2.2014.  It is submitted that the push back system of those seats were not working and the windows against those seats were non functional thus inviting cold wind into the bus throughout the night.  On complaint to the Conductor of the bus, he expressed his inability to rectify the defect and thus they suffered whole night.  Resultantly, the wife of the complainant became ill on the impact of cold wind as she is an asthma patient and consulted the doctor at Cuttack.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops to refund the ticket cost of Rs.1665/- along with Rs.30, 000/- towards compensation for mental agony, harassment and costs to the complainant.

2.                     The Ops filed counter in joint denying the travel of the complainant along with his wife and father in law in Seat No.19, 20 & 24 of the alleged bus and non functional of those seats and connected windows on the relevant date.  It is submitted that the alleged bus bearing No.OR-05-AL-9233 was in good condition after renovation and repair during the month of Jan., 2014 and the push back seats along with windows were properly working.  Denying the sufferings of the passengers throughout night, it is contended that the Ops never invited and compelled the passengers to travel in that bus.  It is also further contended that before departure of any of their buses for a long journey it was completely and thoroughly checked in by the Engineer of OSRTC garage on the date of journey and the alleged seats and windows were completely working on that date and the complainant has never made any complaint before any authority for their sufferings.  Thus denying any deficiency in service on their part, the Ops prayed to dismiss the case of the complainant.

3.                     The complainant has filed copy of reservation ticket.  Besides his own affidavit, the complainant has also filed the affidavit of his father in law, N. Shankar Rao in support of his case.  Heard the parties through their respective A/Rs and perused the materials available on record.

4.                     In this case, the OSRTC bus bearing No.OR-05-AL-9233 was allotted in Cuttack- Nabarangpur route on 23.2.2014 to 25.2.2014 as admitted by the Ops and the complainant has also furnished Ticket No.AC2046 for 3 seats in support of his journey on 24.2.14.  The Ops stated that it was not within their knowledge whether the complainant along with his wife and father in law were traveling in the said bus on the alleged date.  As the complainant has filed copy of ticket for 3 seats and their contentions are support by affidavits, we have no doubt that the complainant along with his wife and father in law had performed their journey in the said bus on the alleged date.  So their journey in the said bus with valid ticket is beyond our doubt.

5.                     Now it is to be seen whether the push back system of those seats and the connected windows were working properly?  The complainant stated that due to non functioning the push back system and windows connected to those seats of the bus they suffered whole night and in spite of efforts the conductor of the bus could not rectify the defects.  In support of his allegations, the complainant as well as his father in law filed affidavits narrating their bitter experience of their journey.  On the other hand the Ops denied the said allegations of the complainant but failed to file any evidence in support of their contentions that the said bus was repaired and became roadworthy on 14.01.2014.  No affidavit is filed from any competent authority of the OPs from either end stating that the bus was fully repaired and the push back system and window panels of the bus were working properly.  It is also seen that the Engineer who thoroughly checked the bus before repair remained silent.  Hence in absence of any evidence we are not convinced that the push back system and windows of the bus were working properly on the alleged date.

6.                    Further the Ops stated that they had not invited the complainant to go in that bus.  This assertion of the Ops does not sound good.  By opening a ticket booking counter they are limpidly inviting the passengers to go in that bus and before availing the ticket, a passenger is not supposed to check the seats and windows of the particular bus; rather the Ops are duty bound for the comfortable journey of the passengers to whom they have sold the tickets.

7.                     The Ops are plying a fleet of buses throughout the State and have sufficient infrastructure to maintain the fleet.  As a service provider, the Ops are to extend minimum comfort to their passengers.  If the seats and windows of a bus are not in proper order, naturally the passengers will suffer and their journey becomes a nightmare due to fault of the Ops.    By issuing tickets, the Ops have undertaken to see the comfort of their passengers but in this case the complainant along with his wife and father in law faced lot of problems during entire night on 24.02.2014 and the conductor not being a technical person could not rectify the defects.  This inadequacy in quality of service certainly amounts to deficiency in service on the part of the Ops.  As we feel, the sufferings faced by the complainant, his wife and father in law during that night due to uncomforted seat and cold wind gushing through the windows, cannot be compensated in terms of money.

8.                     Further the complainant stated that his wife became ill and was treated by a doctor at Cuttack but failed to furnish any documentary evidence in support of his allegations.  However, due to deficiency in service committed by the Ops, the complainant and his companion members must have suffered some mental agony for which they are to be suitable compensated.  Considering the sufferings, we feel, a sum of Rs.2000/- towards compensation and costs in favor of the complainant will meet the ends of justice.

9.                     Hence ordered that the complaint petition is allowed in part and the Ops being jointly and severally liable are directed to pay Rs.2000/- to the complainant towards compensation and costs within 30 days from the date of communication of this order failing which the awarded sum shall carry interest @ 12% p.a. from the date of this order till actual payment.

(to dict.)