BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

KADAPA Y.S.R DISTRICT

PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC

                                          SRI M.V.R. SHARMA, MEMBER.

Friday, 11^th July 2014

CONSUMER COMPLAINT No. 80 / 2013

N.C. Krishnudu, S/o Nagabhushanam,

Hindu, aged about 62 years,

E. 98202, Retired Conductor,

APSRTC Rajampet Depot,

D.No. 1/1288, Yerramukkapalli,

Kadapa City.                                                                                Complainant.

Vs.

1.  The Managing Director, APSRTC, Bus Bhavan,

      RTC X Roads, Musheerabad, Hyderabad.

2.   The Regional Manager,  APSRTC, Maruthinagar,

      Near Dist. Court, Kadapa.

3.   The Depot Manager, APSRTC, Chellampalli,

      Rayachoty, Kadapa District.

4.   The Depot Manager, APSRTC, Kadapa,

      Near / upstairs, APSRTC, Bus station, Kadapa.                     Opposite parties.

This complaint is coming before us for final hearing on 03-07-2014 and perusing complaint and other material papers on record and on hearing the arguments of Sri                   Y.V. Seshaiah, Advocate for complainant and Sri A. Rajasekhar, Advocate for Opposite parties and the matter is having stood over for consideration this day, the Forum made the following:-

O R D E R

(Per Sri M.V.R. Sharma, Member),

1.                This Complaint is filed under section 12 of the Consumer Protection Act 1986 seeking direction against the Opposite parties:-

(a) To refund the excess fare Rs. 35/- collected from complainants on 8-11-2011,                        16-11-2011 and 22-11-2011 with penal interest @ 36/- p.a. to the complainant

(b) To take disciplinary action against the concerned persons for collection of excess fare on 5, 8, 16 and on 22-11-2011 at Rayachoty, Bangalore and Kadapa advance reservation points.

(c) To pay an amount of Rs. 1,00,000/- to the complainants towards their expenditure for the above laborious correspondences made with the opposite parties and expenses for having approached the Hon’ble Lok Adalath, Kadapa and Hyderabad for relief in this case.

(d) To pay an amount of Rs. 1,00,000/- towards mental agony and suffer caused to the complainants with opposite parties actions. 

2.                The brief averments of the complaint are that the complainant along with his daughter namely one N. Girija travelled in opposite party’s buses on route Bangalore – Rayachoty / Kadapa by making advance reservations on following dates. 

The complainant also stated that as seen from the above statistics the concern tickets issuing persons of O.P.’s have collected excess fare for the above journeys.  Though they were supplied with authorized MTD 141 cards to collect actual fare from the commuters by sitting in a comfort and fixed positions. 

3.                The complainant further stated that while he was on duty at Rayachoty depot and on performing his duty on 22-11-2008 some ambiguous allegations made on him, that he was not issued tickets worth of Rs. 600/- to a batch of four members, who boarded the bus at Bangalore and bound for Mydukur and he was removed from service on 01-5-2009 by imposing him capital punishment, which was highly excessive.   There by Hon’ble Industrial tribunal – cum – Labour court, Anantapur to set aside the said order and reinstated him into service through its award, dt. 2-2-2011 in I.D. No. 176/2009 and posted at Rajampeta Depot.   When the opposite parties authorities have taken serious action on the complainant for non-issuing of tickets but such similar action is not taken against the tickets issued persons of the O.P’s as shown for their negligence.  Therefore, O.P’s acts are discriminate and violating the article 15 of the Constitution. 

3.                The complainant further stated that he has brought the same to the notice of O.P.1 on several time i.e. 19-2-2009, 21-6-2012, 16-8-2012 and 12-4-2013 under registered post to take necessary action and also requested to refund the excess fare collected from him, and also marked a complaint copies, dt. 16-8-2012 to the O.P.2, 3 and 4.    The daughter of the complainant received a reply from O.P.2 on 20-7-2012 on the advice of the Deputy C.P.M (I.R), Hyderabad, dt. 2-7-2012 and informed her that an amount of Rs. 25/- collected towards excess fare refunded i.e. towards two tickets only as shown in the above table in Sl. 1 & 2 and also informed that letter No. E4/466/RTI-62) 11 RM.K, dt. 20-7-2012, that action will be taken against concerned persons.  But no action is taken against them, who is collected extra fare. 

4.                The complainant also stated that, he also approached the Hon’ble Lok Adalath, kadapa on 14-9-2013 and 26-9-2013 against the O.P’s.  But the O.P’s did not attended before the Hon’ble Lokadalath, Kadapa and also he filed to attend the Hon’ble Lokadalath, Hyderabad on 15-2-2013 for its notice No. P.L333/2012, dt. 15-2-2013 and advised by the Hon’ble court to seek relief in appropriate forum.   Hence, the complainant approached this Hon’ble forum. 

5.                O.P.2 filed counter and same was adopted by O.P. 1, 3 and 4.   

6.                O.P.2 filed counter and denied all allegations made in the complaint and stated that the case is filed for recovery of excess fare collected by APSRTC and not on the capital punishment imposed on the complainant and the complainant asked for                    Rs. 600 crores for causing inconvenience to him in Lokadalath.

7.                O.P.2 further stated that the O.P’s have not received letter from the complainant and O.P’s have paid the amount of Rs. 25/- for the letters received by them and the complainant sent letters only with regard to information under RTI Act 2005 and the complainant has never issued letter asking for refund of Rs. 33/- and O.P.2 also stated that action was taken against the persons,  who collected excess fare and there is no need for informing the same to the complainant, as it is an internal matter and the management has looked into it.   The D.M. Rayachoty gave reply on 25-6-2013 stating that an amount of Rs. 25/- is paid to complainant the complainant never asked for refund of Rs. 33/- in his letter issued to the O.P’s after 20-7-2011.  Hence, this Hon’ble forum may be pleased to dismiss the complaint with costs. 

8.                To prove the case of the complainant, he filed an affidavit along with documents and got marked Ex. A1 to A6 and on behalf of the Opposite parties filed counter.

9.                On the basis of the above pleadings the following points are settled for determination. 

1. Whether the complainant is eligible for compensation as prayed by him?  
2. Whether there is negligence or deficiency of service on the part of their opposite parties?
3. To what relief?

10.              Point Nos. 1 & 2.  The contention of the complainant is that, he along with his daughter namely one N. Girija travelled in opposite party’s buses on route Bangalore – Rayachoty / Kadapa by making advance reservations on following dates. 

The complainant also stated that as seen from the above statistics the concern tickets issuing persons of O.P.’s have collected excess fare for the above journeys.  Though they were supplied with authorized MTD 141 cards to collect actual fare from the commuters by sitting in a comfort and fixed positions. 

11.              The complainant further contended that, while he was on duty at Rayachoty depot and on performing his duty on 22-11-2008 some ambiguous allegations made on him, that he was not issued tickets worth of Rs. 600/- to a batch of four members, who boarded the bus at Bangalore and bound for Mydukur and he was removed from service on 01-5-2009 by imposing him capital punishment, which was highly excessive.   There by Hon’ble Industrial tribunal – cum – Labour court, Anantapur to set aside the said order and reinstated him into service through its award, dt. 2-2-2011 in I.D. No. 176/2009 and posted at Rajampeta Depot.   When the opposite parties authorities have taken serious action on the complainant for non-issuing of tickets but such similar action is not taken against the tickets issued persons of the O.P’s as shown for their negligence.  Therefore, O.P’s acts are discriminate and violating the article 15 of the Constitution. 

12.              The complainant also contended that he has brought the same to the notice of O.P.1 on several time i.e. 19-2-2009, 21-6-2012, 16-8-2012 and 12-4-2013 under registered post to take necessary action and also requested to refund the excess fare collected from him, and also marked a complaint copies, dt. 16-8-2012 to the O.P.2, 3 and 4.    The daughter of the complainant received a reply from O.P.2 on 20-7-2012 on the advice of the Deputy C.P.M (I.R), Hyderabad, dt. 2-7-2012 and informed her that an amount of Rs. 25/- collected towards excess fare refunded i.e. towards two tickets only as shown in the above table in Sl. 1 & 2 and also informed that letter No. E4/466/RTI-62) 11 RM.K, dt. 20-7-2012, that action will be taken against concerned persons.  But no action is taken against them, who is collected extra fare. 

13.              The complainant also contended that, he also approached the Hon’ble Lok Adalath, kadapa on 14-9-2013 and 26-9-2013 against the O.P’s.  But the O.P’s did not attended before the Hon’ble Lokadalath, Kadapa and also he filed to attend the Hon’ble Lokadalath, Hyderabad on 15-2-2013 for its notice No. P.L333/2012, dt. 15-2-2013 and advised by the Hon’ble court to seek relief in appropriate forum.  

14.              The contention of O.P.2 that all allegations made in the complaint and stated that the case is filed for recovery of excess fare collected by APSRTC and not on the capital punishment imposed on the complainant and the complainant asked for                    Rs. 600 crores for causing inconvenience to him in Lokadalath.

15.              further contention of O.P.2 that the O.P’s have not received letter from the complainant and O.P’s have paid the amount of Rs. 25/- for the letters received by them and the complainant sent letters only with regard to information under RTI Act 2005 and the complainant has never issued letter asking for refund of Rs. 33/- and O.P.2 also stated that action was taken against the persons,  who collected excess fare and there is no need for informing the same to the complainant, as it is an internal matter and the management has looked into it.   The D.M. Rayachoty gave reply on 25-6-2013 stating that an amount of Rs. 25/- is paid to complainant the complainant never asked for refund of Rs. 33/- in his letter issued to the O.P’s after 20-7-2011. 

16.       As has above decision and discussion the complainant proved deficiency of service on the part of the opposite parties and the complainant is eligible for compensation of Rs. 30,000/- (Rs. 10,000/- per acre).

.                  Point No. 3   In the result, the complaint is allowed, directing Opposite parties                 1 to 4 jointly and severally to pay Rs. 35/- towards excess amount collected from the complainants with 18% interest p.a. from 8-11-2011 till realization, pay Rs. 10,000/- towards expenditure of the complainant, pay Rs. 5,000/- for mental agony, within 45 days of date of receipt of orders. 

                   Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 11^th July 2014

MEMBER                                                                                    PRESIDENT FAC

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant    NIL                                                        For Respondents     NIL      

Exhibits marked for Complainant

Ex. A1                   Original Advance reservation tickets, dt. 5, 5, 8, 16, 11, 2011 and

                   22-12-2011 numbers in 5 issued by the APSRTC.

Ex. A2                   O/c of notices copies dt. 19-6-2013, 12-4-2013, 16-8-2012, 21-6-2012

                   and 19-12-2011 in 5 numbers only.

Ex. A3                   Postal receipts dt. 13-4-2013 numbers in 3.

Ex. A4                   P/c of lokadalath orders dt. 15-2-2013 and representation dt. 14-9-2013

                   and 26-9-2013.

Ex. A5                   P/c of respondent No. 2, reply letter dt. 20-7-2012.

Ex. A6                   MTD 141 card on route Bangalore – Kadapa.

Exhibits marked for Opposite parties : -              NIL

MEMBER                                                                                     PRESIDENT FAC

Copy to :-

1. Sri Y.V. Seshaiah, Advocate for complainant.
2. Sri A. Rajasekhar, Advocate for Opposite parties

B.V.P.