Karnataka

Kolar

CC/47/2018

Sri.Venkatesh - Complainant(s)

Versus

The Divisional Controller - Opp.Party(s)

Fayaz Ahmed

06 Aug 2018

ORDER

Date of Filing: 28/05/2018

Date of Order: 06/08/2018

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

 

Dated: 06^th DAY OF AUGUST 2018

PRESENT

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

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

 

CONSUMER COMPLAINT NO. 47 OF 2018

Sri. Venkatesh.M,

S/o. late Muniyappa,

Aged About 59 Years,

R/at: 2^nd Main Road,

12^th Cross Road,

Gandhinagara, Kolar.                                                  

(Rep. by Sri. Fayaz Ahamed, Advocate)                                   ….  COMPLAINANT.

 

- V/s –

The Divisional Controller,

KSRTC, Kolar Division,

Kolar.

(Rep. by Sri. B. Kumar, Advocate)                                       …. OPPOSITE PARTY.

 

-: ORDER:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant has filed this complaint against the opposite party Under Section 12 of the Consumer Protection Act, 1986 and prays to direct the OP to pay the balance ticket amount of Rs.365/- along with interest in the ends of justice and equity.

 

02.   The brief facts of the complainant’s case is that, on 01.03.2018 at about 02.15 PM the complainant was travelling from Kolar to Bangalore in the OP’s bus bearing registration No.KA-07-F-1696 and paid Rs.500/- to the conductor to purchase the ticket and the conductor issued the ticket and he has not paid the balance amount and the same was written on the back side of the ticket.  The complainant slept in the bus and he got down from the bus without receiving the said balance amount from the conductor.  Thereafter he has requested the concerned authorities and issued letter on 08.03.2017 claiming to pay the balance amount, but the OP did not complied to the said letter.  On 12.03.2018 the complainant issued legal notice to the OP calling upon to pay the balance amount within 15 days through RPAD.  The OP has received the said letter, but did not complied the same.  Hence the complainant has filed this complaint seeking the above set-out reliefs against the OP.

 

03.   The OP appeared through their counsel and filed version and he stated about the allegation made by the complainant against the OP that, on 01.03.2018 he has travelled from Kolar to Bangalore in KSRTC Bus bearing registration No. KA-07-F-1696 and paid Rs.500/- to purchased the ticket of Rs.135/-.  The conductor has written the balance amount on the back side of the ticket, the complainant got down from the bus without receiving the balance amount are all specifically denied as false.  There is no deficiency in service on the part of the OP and the complainant has hurriedly left the bus stand without collecting the balance amount and prays to dismiss the complaint.

 

04.   The counsel for the complainant has filed Memo, prays to consider the complaint as his affidavit evidence by way of examination-in-chief.  The Divisional Controller of the OP has filed affidavit evidence and produced 08 documents in support of its case.

 

05.   Heard arguments on both sides.

 

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

POINT NO.1:-   Whether the complainant has proved deficiency in service on the part of Op?

 

POINT NO.2:- Whether the complainant is entitled for the relief?

 

POINT NO.3:-   What order?

 

07.   Our findings on the above points are that:-

POINT NO.1:-  In the Negative

POINT NO.2:-  In the Negative

POINT NO.3:-   As per the final order

                                        for the following:-

REASONS

08.   POINT NOs.1 & 2:-  These points are taken up together for discussion to avoid repetition of facts.  We have perused the complaint, version and so also the affidavit evidence of the OP and the documents produced by both the parties.  The complainant has filed this complaint to direct the OP to pay the balance ticket amount of Rs.365/- contending that, on 01.03.2018 at about 02.15 PM he was travelling in a KSRTC bus bearing registration No. KA-07-F-1696 from Kolar to Bangalore and he has paid Rs.500/- towards purchased of the ticket, but the conductor did not return the balance amount and the same was written in the back side of the said ticket.  Thereafter the complainant without receiving the balance amount he got down from the bus.  On 08.03.2017 the complainant requested the concerned authorities of the OP and issued letter seeking payment of the balance ticket amount and so also issued legal notice on 12.03.2018 through RPAD, but the OP in spite of receiving the said letters did not complied the same.

 

09.   The complainant has produced the ticket for having travelled on the said bus on 01.03.2018, but on perusal of the said ticket it dies not disclose about the journey from where to where the complainant was travelled and so also it does not discloses the date of the journey and nothing is seen from the said ticket to the necked eye, except amount of Rs.134/- and so also Rs.365/- was written on the back side of the ticket.  And also it reveals about Cr 2726, R/No.268AB.  Such being the case, it reveals that, the said ticket is not connected for the day where the complainant was alleged to be travelled and the complainant has failed to prove the deficiency of service on the part of OP as contended by him. 

 

10.   The counsel for OP has also addressed his arguments about the pendency of criminal enquiry and in that regard he has produced Exhibit-R.1 to R.4.  On perusal of these documents, it reveals about the pendency of enquiry against the said conductor.  Hence the complainant has not come to the Forum with clean hands and failed to prove the deficiency of service on the part of the OP and so also the complainant has failed to prove that, he is entitled to the balance ticket amount of Rs.365/-.  Accordingly we answer point Nos.1 & 2 are in the Negative.

 

11.   POINT NO.3:-  In view of our findings on Point Nos. 1 & 2 and the discussions made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is dismissed.  No order as to costs.

 

02.   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 06^th DAY OF AUGUST 2018)

 

LADY MEMBER                                PRESIDENT