28-03-2023

O R D E R

BY SRI RAVI SHANKAR, JUDICIAL MEMBER

Heard from respondent. Appellant not present, so far arguments not submitted.  

2. Learned advocate for respondent submits that the cause of action not aroused between the respondent and complainant/appellant. In fact, the appellant and his wife were travelling in “Vaibhav” KSRTC bus on 23-7-2023 they witnessed that one lady lost her ticket which has an endorsement of balance payment of Rs.55/- from conductor the same was informed to the conductor and insisted for payment of the balance amount but the conductor was denied to pay the balance amount. Hence alleged deficiency of service and filed a complaint before the District Consumer Commission sought for compensation and the said complaint was dismissed by the District Consumer Commission against which the appellant/complainant had preferred this appeal which has no merits. Hence, prays to dismiss the appeal also.

3. On perusal of the order passed by the District Consumer Commission and memorandum of appeal, we found there is no relationship of consumer and service provider existed between the complainant and this respondent as there is no any dispute aroused against these two parties. The complainant in his complaint alleged that he saw one of the lady travelers had lost her bus ticket which was issued by the conductor of the bus with an endorsement refund of Rs.55/- but at the time of demand the conductor was refused to pay. In fact, the person who suffered loss has to chosen to file a complaint, here we noticed the said lady had not chosen to file any complaint and even had not any given authority to file the complaint to this appellant. Such being the case, the complainant/appellant had no loco-standi to claim compensation on behalf of the any other third person traveler. The District Consumer Commission has rightly dismissed the complaint, we do not find any merits in the appeal, we also noticed the appellant not appeared before this Commission to address his arguments, as to how for he was not satisfied with the order passed by this District Consumer Commission. In the absence of such convincement and submission, we do not find any merits in the appeal, as such the appeal is dismissed. Accordingly, we proceed to pass the following:-

O R D E R

The appeal is dismissed.  No order as to cost.

The amount in deposit shall be transmitted to the Consumer Welfare Fund of the Commission.    

Send a copy of this order to both parties as well as Concerned District Consumer Commission.

Member                                    Judicial Member