Karnataka

Kolar

CC/39/2018

Smt.Deepa Kumari - Complainant(s)

Versus

The Divisional Controller - Opp.Party(s)

Sri.Fayaz Ahmed

13 Jul 2018

ORDER

Date of Filing: 30/04/2018

Date of Order: 13/07/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 13^th DAY OF JULY 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 39 OF 2018

Smt. Deepa Kumari,

D/o. K. Narayanaswamy,

Advocate, Aged About 24 Years,

7^th Main Road, Gulpet,

Kolar.                                                                   ….  COMPLAINANT.

(Rep. by Sri. Fayaz Ahamed, Advocate)

 

- V/s -

1) The Divisional Controller,

KSRTC, Kolar Division,

Kolar.

(Rep. by Sri. B.Kumar, Advocate)

 

2) V. Venkateshappa,

S/o. Venkateshappa,

Conductor, Badge No.1563,

R/at: Dodnahalli Village,

Shapur Post, Kolar Taluk.

(In-person)                                                                                     …. OPPOSITE PARTIES.

-: ORDER:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties and prays to direct the Ops to pay the balance amount of Rs.430/- along with interest and grant such other reliefs in the hands of justice and equity.

 

02.   The brief facts of the complainant’s case is that, on 22.03.2018 at about 05.30 she went to Bangalore in KSRTC bus bearing registration No. KA-07 F-1647 which runs from Kolar to Bagamandala and she paid Rs.500/- to the conductor to purchase ticket of Rs.70/-, but the conductor did not returned the balance amount and he written on the back-side of the ticket as Rs.430/-.  The complainant while getting down from the bus the conductor insisted all the passengers to get down from the bus and in that situation she horridly get down from the bus without receiving the balance amount of Rs.430/- and she forgotten to receive the same.  The complainant searched the bus and requested the conductor to return the balance amount and he replied that, Checking Officer has registered a case against him in respect of excess amount and he is unable to pay the balance amount.  The complainant has given request letter to the OP on 26.03.2018 for return of the balance amount but the OP did not reply the said letter nor paid the balance amount and the complainant has filed this complaint against the Ops.

 

03.   Along with the complaint the complainant has submitted following 05 documents:-

(i) Bus ticket

(ii) Letter dated: 26.03.2018

(iii) Legal Notice

(iv) Postal receipt and acknowledgment.

 

04.   In response to the notice issued by this Forum OP No.1 appeared through its learned counsel and OP No.2 appeared in-person. 

 

05.   OP No.1 has filed version and has stated about the allegations of the complainant and denied the same as false and specifically contended that, there is absolutely no deficiency nor negligence on the part of OP No.1 and there is a deficiency in service on the part of OP No.2 the conductor in not returning the balance amount to the complainant.  The complainant is solely responsible as she has not collected the remaining amount from Op no.2 and she has hurriedly left the bus-stand without collecting the balance amount and the complaint is not maintainable and prays this Forum to dismiss the petition in the interest of justice and equity.

 

06.   The OP No.2 did not file his version and filed Memo with 02 documents:-

(i) Copy of Crime Reminder

(ii) Copy of Route Letter

 

07.   The counsel for the complainant and the counsel for the OP No.1 have filed Memo stating that, the complaint filed by the complainant and the version filed by the OP No.1 may be treated as their affidavit evidence. 

 

08.   Heard arguments on both sides.

 

09.   Now the points that do arise for our consideration are:-

(1) Whether the complainant has proved deficiency in service on the part of the OPs?

 

(2)  Whether the complainant is entitled for the reliefs as sought?

 

(3) What order?

 

10.   Our findings on the above stated points are:-

POINT (1) & (2):-      Are in the Affirmative

 

POINT (3):-      As per the final order

for the following:-

REASONS

11.   POINTS (1) & (2):-   These points are taken up together for discussion to avoid repetition of facts.  We have perused the complaint, version and the documents filed by both complainant and OP No.2.  At the outset it is relevant to state here that, the OP No.1 is the Divisional Controller, KSRTC, Kolar Division, Kolar and OP No.2 is the conductor of the KSRTC bus vide badge No.1563.  The OP No.1 has not at all stated in his version as he is an employer of OP No.1 though OP No.2 was the conductor on 22.03.2018 of KSRTC bus bearing registration No. KA-07 F-1647.  On 22.03.2018 the complainant was travelling in the said bus at about 5.30 and she went to Bangalore in the said bus and she paid Rs.500/- to the conductor to purchase ticket of Rs.70/-.  The conductor did not return the balance amount of Rs.430/- and he has written the said amount on the back-side of the said ticket.  The complainant has produced the said ticket and it revels about the said fact.

 

12.   The complainant has stated that, when the complainant getting down from the bus the conductor insisted all the passengers to get-down from the bus and she hurriedly got-down from the bus and forgotten to receive the balance amount of Rs.430/-.  Thereafter she searched the said bus and requested the conductor to return the balance amount and the conductor replied that, Checking Inspector has registered a case against him in respect of excess amount and he is unable to pay the balance amount.  Though it is the duty of the OP No.2 to return the amount which were due to the passengers and it reveals about the negligence of the OP No.2 conductor.  At this juncture, it is relevant to state here that, now a day’s except some of the conductors, others are not in the habit of asking about the return of amount which were paid by the passengers in excess for want of small currency notes and they were forgotten about the said fact, though it is the duty of the conductor to ask the passengers about the return of the balance amount. 

 

13.   The complainant has also addressed a letter to the Divisional Controller, KSRTC, Kolar Division, Kolar, dated: 26.03.2018 for return of balance amount of Rs.430/-, but OP No.1 has not replied the said letter nor returned the balance amount.  The OP No.1 has also produced the said letter which is addressed to the Divisional Controller, KSRTC, Kolar Division, Kolar.  The above said fact clearly proves deficiency in service on the part of the Ops.

 

14.   OP No.2 has produced two documents which dated: 23.01.2018 which reveals about the booking of case against OP No.2 with respect of excess amount.  OP No.1 has contended in his version that, he is not liable to pay any balance amount as claimed by the complainant and there is no deficiency of service on the part of OP No.1.  The said fact contended by the OP No.1 is not sustainable.  OP No.1 is the Divisional Controller of KSRTC, Kolar, and OP No.2 is the conductor of KSRTC bus and both parties are jointly and severally liable to pay the claim amount to the complainant.  Hence under these circumstances as discussed above, both OP Nos.1 & 2 are jointly and severally liable to pay a sum of Rs.430/- i.e., the balance amount which has to be payable by them to the complainant along with compensation and litigation expenses and accordingly we answer Point Nos.1 & 2 are in the affirmative. 

 

POINT (3):-

15.   In view of the above discussions on Point Nos. (1) & (2) we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is allowed.

02.   OP Nos.1 & 2 are directed to pay jointly a sum of Rs.430/- towards balance amount, Rs.1,000/- towards litigation expenses and compensation of Rs.500/- to the complainant within 30 days from the date of receipt of the order.

03.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 13^th DAY OF JULY 2018)

 

 

 

 

LADY MEMBER                                PRESIDENT