1.                     The brief history of the case of the complainant is that he along with 2 of his family members travelled by the bus ‘Royal Star’ of M/s. Gill Coach Tour & Travels of OP.3 on 08.11.2014 from Jeypore to Bhubaneswar by paying Rs.1650/- i.e. @ Rs.550/- per seat towards bus fare and the complainant returned with his daughter from Bhubaneswar to Jeypore on 11.11.2014 in the same bus (Regn. No. OR 24-6752) by paying Rs.550/- each per seat.  It is submitted that the distance from Jeypore to Bhubaneswar is 570 Kms and the prevailing rate of deluxe bus was Re. 0.85 Ps per Km and the fare would be Rs.485/- but the OP.3 has taken Rs.65/- extra per ticket.  It is further submitted that the Govt. of Odisha from time to time has fixed the bus fare and the OP.2 is the inspecting authority but due to lack of proper supervision by STA and RTO, the OP.3 by adopting unfair trade practice is collecting excess fare from the passengers.  Thus alleging unfair trade practice on the part of the Ops he filed this case praying the Forum to direct the Ops 1 & 2 to furnish necessary documents towards distance and fare from Jeypore to Bhubaneswar and the Ops to return the excess fare collected from the complainant with interest @ 12% p.a. and to pay Rs.50, 000/- towards compensation to the complainant and to pay such compensation to CWF.

2.                     The RTO, Koraput filed counter on behalf of OP.1 contending that the complainant is a consumer of OP.3 who is plying a tourist bus, the fare of which is negotiable and not fixed by the Govt.   Denying any deficiency in service on its part, the OP contended that the vehicle of OP.3 is not in the controllable fare structure of Government.

3.                     The OP.2 did not prefer to file reply in this case.  The OP.3 filed counter admitting the distance from Jeypore to Bhubaneswar via Srikakulam is 570 Kms and the bus fare was Re.0.85 Ps per KM and contended that he is paying tax to Govt. of Andhra Pradesh and Odisha at Rs.1, 64,000/- and also paying Rs.2500/- every day in different check gates.  It is contended that the calculation of fare made by OP.3 at Rs.550/- is genuine and as the bus is a luxury coach with A.C. facility, the fare is Rs.1.00 per KM but not Re.0.85 Ps as claimed by the complainant.  Thus denying any deficiency in service on its part, the OP also prayed to dismiss the case of the complainant.

4.                     The OP No.4 also filed counter denying the allegations of the complainant and contended that the OP.3 is having its own ticket counter and selling tickets directly to the customers.  It is further contended that the OP.4 is not responsible to any dispute arising between the customer and OP.3.  Thus denying any fault on its part, the OP also prayed to dismiss the case of the complainant.

5.                     The complainant has filed certain documents along with affidavit in support of his case.  The complainant also filed written argument. We perused the materials available on record for orders on merit.

6.                     In this case, the complainant stated that he along with two of his family members travelled in the bus of OP.3 from Jeypore to Bhubaneswar on 08.11.2014 and returned with his daughter in the same bus on 11.11.2014 from Bhubaneswar to Jeypore and has paid Rs.550/- per seat each time covering the distance of 570 KMs from Jeypore to Bhubaneswar when the prevailing rate of fare was Re. 0.85 Ps per KM.  In support of said averment, the complainant has filed original tickets issued by OP.3 which are on record.  This fact proves the journey of the complainant and his family members in the bus of OP.3 on the respective dates and the OP.3 has taken Rs.550/- per seat.  The OP.3 has also admitted through his counter that the distance from Jeypore to Bhubaneswar via Srikakulam is 570 Kms and the prevailing bus fare was Re. 0.85 Ps per KM as fixed by the Government.

7.                     The OP.3 admitting the then bus fare stated that as he is paying Govt. tax and toll tax, the calculation of fare made by it at Rs.550/- is reasonable and genuine but at para-4(A) of his counter the OP stated that as the bus is a luxury coach with AC facility, the fare is Re.1.00 per KM but not Re.0.85 Ps as claimed by the complainant.  We have perused the bus tickets filed by the complainant and nowhere is it written that the bus has AC facility.  The complainant has also denied in his written statement that the bus is having AC facility.  Hence it was concluded that the alleged bus was not having AC facility.  Further if the bus of the OP is luxury coach and AC facility, the fare would have been Rs.587/- for 570 Kms @ Rs.1.02 Ps per KM as fixed by the Government but the OP.3 has not done so.

8.                     The Op.1 stated in his counter that bus of the OP is a tourist bus and the fare is negotiable.  The complainant states that may it be the fact that the bus of OP.3 is registered with RTA as a contract carriage but the bus is running as a route-bus regularly.  It is seen that the complainant has purchased tickets on 8.11.14 from Jeypore bus stand to go to Bhubaneswar and also purchased tickets from Bhubaneswar bus stand on 11.11.14 to return to Jeypore.  The Ops have not shown any evidence that the OP.3 is a tour operator and plying his bus to different tourist attracted places.  Therefore, it can be concluded that the bus of OP.3 although registered for tours and travels, is running from Jeypore to Bhubaneswar and vice versa as regular route service and hence the OP.3 cannot charge excess fare than that of the price fixed by the Government.  The Ops 1 & 2 is duty bound to see and regulate the activities of the OP.3 and to look into the plights of the consumers travelling in the said bus.  By taking excess fare, the OP.3 in our opinion has adopted unfair trade practice.

9.                     From the above discussions, it was ascertained that the OP.3 has taken Rs.65/- each as excess fare from the complainant for 5 tickets and as such the complainant is entitled to get refund Rs.65/- X 5 = Rs.325/- with interest @ 12% p.a. from 11.11.2014.  Further due to such unfairness of OP.3, the complainant must have suffered some mental agony and has filed this case incurring some expenditure for which he is entitled for some compensation and costs.  Considering the sufferings, we feel a sum of Rs.5000/- towards compensation and Rs.2000/- towards costs in favour of the complainant will meet the ends of justice.

10.                   Hence ordered that the complaint petition is allowed in part and the OP.3 is directed to refund Rs.325/- towards excess fare taken with 12% p.a. from 11.11.2014 and to pay Rs.5000/- towards compensation besides Rs.2000/- towards costs to the complainant within 30 days from the date of communication of this order.

(to dict.)