(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal is lying unattended from 2004. The appellant also has not bothered to take circulation for getting first order passed. Therefore, on 04/08/2011, this matter was taken from sine-die list and placed before us for disposal. Intimation of that date was displayed on notice board and published on internet board of the Commission. On 04/08/2011, on finding that appellant as well as the respondent were absent, we directed office to issue notice informing next date of hearing i.e. 28/09/2011 to both the parties. Accordingly, on 22/09/2011, office issued notices to the parties. On 28/09/2011 i.e. today, the appellant as well as the respondent are absent. Therefore, we are deciding the matter on merit.
(2) We perused the impugned order passed by the District Forum, Central Mumbai in Consumer complaint No.17/2004 decided on 17/06/2004. We are finding that the complainant had filed the consumer complaint alleging that the opponent fixes bus fare and diversion of buses to facilitate staff to travel from depots to bus stations and back arbitrarily. The grievance of the original complainant/appellant is regarding the arbitrary fixation of the bus fares and even for the short distance, the passengers have to pay beyond stage. This policy decision is taken by the competent Road Transport Authority in consultation with BEST Undertaking and therefore the forum below was pleased to dismiss the complaint as the such complaint does come under the purview of the Consumer Protection Act, 1986. We, therefore, found that the order passed by the forum below is just and proper and sustainable in law. Hence, the order.
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform parties accordingly.
Pronounce on 28th September, 2011.
