BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI M.CHRISTOPHER,
PRESIDENT.
SRI K.VINODH REDDY,
MEMBER.
. . .
TUESDAY, THE TWELFTH DAY OF SEPTEMBER, 2017
CONSUMER COMPLAINT No. 04 OF 2016
Between:
Jonnalagadda Venkat Reddy S/o Late Daka Reddy,
Aged: 43 years, Occ: Business, N/o Garakuntapalem
Village of Nidamanoor Mandal, Nalgonda District,
Presently residing at Miryalguda Town, Nalgonda District.
…COMPLAINANT.
AND
Toll-Plaza (Tollgate), Madgulapally Village of Thipparthy
Mandal, Nalgonda District. Represented by its Manager.
…OPPOSITE PARTY.
This complaint coming on before us for final hearing on this day, in the presence of Sri M.Narsimha Reddy, Advocate for the Complainant, and the Opposite Party having been set exparte, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SRI K.VINODH REDDY, MEMBER
1. This complaint is filed by Sri Jonnalagadda Venkat Reddy to direct the Opposite Party to issue monthly pass to his vehicle bearing No.AP-24AX-1234 and to pay a sum of Rs.50,000/- towards deficiency of service and Rs.10,000/- towards mental agony and costs of Rs.5,000/-.
2. The facts leading to file this complaint are as follows:
The Complainant in his complaint says that he is sole proprietor of Vigneshwara Estates, having office at Housing Board,
Contd…2
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Miryalguda Town, Nalgonda District and his native place is Garakuntapalem Village of Nidamanoor Mandal, Nalgonda District. He owns Hyundai Verna with Registration No.AP-24AX-1234.
3. He regularly passes the toll gate situated at Madgulapally Village of Thipparthy Mandal, Nalgonda District from his native place to his business establishment at Miryalguda. The toll gate comes in the middle of the way.
4. He further says that as per G.O.Ms.No.3, Transport, Road and Buildings (R-IV), dated 16/01/2014 issued by the State Government in which it is stated that who resides within the 20 Kms radius from the toll gate are eligible for monthly pass. His business establishment is below 20 Kms from the toll gate point and his native village is just 10 Kms. from the toll point
5. For obtaining monthly pass, he had applied to the Opposite Party along with all proves, but they did not issue the same and as such he had issued a legal notice to the Opposite Party on 04/12/2015. Inspite of receiving the legal notice also, the Opposite Party did not issue the monthly pass to him. Hence this complaint.
6. The Opposite Party did not appear before this Forum on 14/03/2016, as it did not receive the notice sent by this Forum and a fresh notice was issued on 15/06/2016 which was served to the Opposite Party on 17/06/2016. In spite of receiving the notice, the Opposite Party did not appear before this Forum, which was posted for appearance on 12/07/2016. Called several times, as nobody appeared on behalf of the Opposite Party, the Opposite Party was set exparte.
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7. The Complainant filed his proof affidavit and Exs.A-1 to A-7 were marked on behalf of the Complainant.
8. The points for consideration are:
1) Whether the Complainant is entitled for the Monthly Local
Area Pass Scheme (MLAPS)?
2) Whether the Complainant is entitled for the other claims he
made in his complaint?
3) If so, to what extent?
9. PONT No.1:
It is not in dispute that the Complainant is a native of Garakuntapalem Village of Nidamanoor Mandal, Nalgondna District as per Ex.A-2. It is also not in dispute that the Complainant owns a Hyundai Verna Car bearing Registration No.AP-24AX-1234, vide Ex.A1.
10. As per the Complainant, he is having a business entity in the name of Vigneshwara Estates at Housing Board, Miryalguda Town, Nalgonda District, he daily passes through the toll gate point which is situated at Madgulapally Village, between the two points i.e. 1) Miryalguda Town, where the Complainant’s business entity is established and 2) The Complainant’s native village where he resides are within the 20 Kms. range as per Ex.A-7. The Complainant filed Ex.A-6, i.e. G.O.Ms.No.3, Transport, Roads and Buildings (R-IV) issued on 16/01/2014 by the State Government, giving permission to the toll gate authorities to collect the tollgate premium on daily basis and also on monthly basis. Further it shows that the Monthly Local Area Pass Scheme (MLAPS) shall be applied to the local area people who prove that they are residing within 20 Kms. range of the toll collecting point.
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11. Therefore, vide Exs.A-6 and A-7, wherein the Complainant had proved that he resides and his business entity is within 20 Kms range from the toll collection point, the Complainant is entitled for the pass to be issued by the Toll-Gate authorities as per G.O.Ms.No.3, Transport, Roads and Buildings (R-IV), dated 16/01/2014 issued by the Andhra Pradesh Government and published in A.P.Gazette Part-I Extra Ordinary.
12. POINTS No.2 & 3:
As the Complainant did not produce any recorded evidence that he had applied for the monthly pass with the Opposite Party and they had rejected it, the Complainant is not entitled for the other claims he made in his complaint.
In the result, the Opposite Party is directed to receive the monthly pass application form from, the Complainant and after compliance of all procedures by the Complainant, they shall issue monthly pass to the Complainant. Accordingly the complaint is partly allowed and rest of the complaint is dismissed.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 12th day of September, 2017.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of the Complainant. None.
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EXHIBITS MARKED
For Complainant:
Ex.A-1 Dt.11/06/2013 Photo of Certificate of Registration of
Verna Car bearing No.AP-24AX-1234.
Ex.A-2 Dt.28/09/2013 Photo of Driving Licence of the Complainant.
Ex.A-3 Dt.04/12/2015 O/c of legal notice issued by the counsel for
the Complainant to the Opposite Party.
Ex.A-4 Dt.04/12/2015 Postal Receipt.
Ex.A-5 Dt. Xerox copy of Track Report, issued by
the Postal Department.
Ex.A-6 Dt.20/01/2014 Xerox copy of G.O.Ms.No.3, issued by the
Andhra Pradesh Gazette.
Ex.A-7 Dt.09/06/2017 Xerox copy of Google Maps (2).
For Opposite Party:
Nil.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
TO
1). Sri M.Narsimha Reddy,
Advocate for the Complainant.
2). The Opposite Party.
