Orissa

Koraput

CC/16/58

Jeebandha Nath Patanaik - Complainant(s)

Versus

The Proprietor-cum- Owner , GUPTA TRAVELS, Bus No. OR-24A6019 - Opp.Party(s)

Self

28 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
KORAPUT AT JEYPORE,ODISHA
 
Complaint Case No. CC/16/58
 
1. Jeebandha Nath Patanaik
At-Kenduguda,Po- Kotpad
Koraput
Odisha
...........Complainant(s)
Versus
1. The Proprietor-cum- Owner , GUPTA TRAVELS, Bus No. OR-24A6019
New Bus stand Jagadalpur,C.G.
Bastar
Chatisgargh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. BIPIN CHANDRA MOHAPATRA PRESIDENT
 HON'BLE MRS. Nibedita Rath MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party: None, Advocate
Dated : 28 Oct 2016
Final Order / Judgement

1.                     The brief history of the case of the complainant is that on 20.04.2016 he travelled from Koraput to Kotpad in Bus No.OR-24A-6019 namely Gupta Travels (Ordinary) belongs to the OP.  It is submitted that the conductor of the bus issued a ticket bearing No.26881 without mentioning the amount but demanded Rs.50/- towards fare.  When the complainant asked the conductor about non mention of ticket fare, the conductor wrote Rs.50/- on the ticket and also took Rs.50/- towards fare.  It is further submitted that the distance from Koraput to Kotpad is 72 Kms and the Government has fixed Re.0.57 Ps per Kilometer but the conductor has charged and taken extra amount from the complainant.  Thus alleging unfair trade practice on the part of the OP, he filed this case praying the Forum to direct the OP to pay Rs.10, 000/- towards compensation to the complainant.

 

2.                     In spite of valid notice, the OP neither filed counter nor participated in the proceeding in any manner and remained exparte.  The complainant has filed copy of bus ticket bearing No.26881 issued by the conductor of the OP.  In absence of parties, the case was posted for orders on merit.

3.                     In this case, the complainant has filed copy of bus ticket bearing No.26881 in which fare has been mentioned at Rs.50/- and stated that he travelled from Koraput to Kotpad in an ordinary bus namely, Gupta Travels of OP on 20.4.2016.  The conductor issued the ticket without mentioning fare amount and when asked, the conductor mentioned Rs.50/- on it.  The case of the complainant is that the distance from Koraput to Kotpad is 72 Kms and the bus fare fixed by the Government for ordinary bus is Re.0.57 Ps per Kilometer but the conductor of the OP has taken extra amount from the complainant.

4.                     In absence of counter and participation by the OP in this case, the entire allegation of the complainant remained unchallenged.  As stated by the complainant the fare from Koraput to Kotpad is 72 x 0.57 = Rs.41.04 but the OP has taken Rs.50/-.  It is seen that the fare amount has been written as Rs.50/- by the conductor of the OP on the ticket itself granted in favour of the complainant.  As such the conductor has taken Rs.9/- extra from the complainant.  This activity of OP in our opinion amounts to unfair trade practice and the complainant is entitled to get refund of Rs.9/- from the OP.  Further the complainant due to such unfair activity of the OP must have suffered some mental agony and hence he is entitled for some compensation.  Considering the sufferings of the complainant we feel, a sum of Rs.1000/- towards compensation and all will meet the ends of justice.

5.                     It is seen that, the conductor of the OP has taken Rs.9/- extra from the complainant.  Likewise, he is in habit of taking extra fare from other passengers every day.  The Forum by exercising its power would have imposed heavy fines on the OP considering the excess fare taken from unidentified passengers since the date of plying of the bus in this route but as a first offence the Forum exonerate the OP from any liability for this time.

6.                     Hence ordered that the complaint petition is allowed in part and the OP is directed to pay Rs.1000/- towards compensation, costs and extra fare etc. to the complainant within 30 days from the date of communication of this order.

(to dict.)

 
 
[HON'BLE MR. BIPIN CHANDRA MOHAPATRA]
PRESIDENT
 
[HON'BLE MRS. Nibedita Rath]
MEMBER

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