MAHARASHTRA STATE, MUMBAI

FIRST APPEAL NO.1290 OF 2008 Date of filing: 26/09/2008

IN CONSUMER COMPLAINT NO.101/2008

DISTRICT CONSUMER FORUM : SOLAPUR

Date of order : 13/11/2009

Maharashtra State Road Transport Corporation

Through Depot Manager

State Transport, Barshi Depot

Barshi, District Solapur ……Appellant/org.O.P.

V/s.

1. Mrs.Sujata Yogesh Malkhare

2. Mrs.Madhuri S.Malkhare

both R/o.6A-Nirmal Society

Vijapur Road, Solapur ……Respondents/org.complainants



Quorum: Justice Mr.S.B.Mhase, Hon’ble President

Mr.S.R.Khanzode, Hon’ble Judicial Member

Present: Mr.P.B.Kadam-Advocate for the appellant.

: ORAL ORDER:

Per Justice Mr.S.B.Mhase, Hon’ble President

1. Heard Mr.P.B.Kadam-Advocate for the appellant.

2. This appeal takes an exception to the order passed by District Consumer Forum, Solapur in consumer complaint no.101/2008 decided on 04/08/2008. District Consumer Forum has directed the appellant to pay an amount of Rs.790/- towards refund and Rs.1000/- by way of cost and if the amount is not paid within a period of 30 days, further interest @ 9% p.a. has been granted.

3. There is a scheme of the appellant that on payment of certain amount i.e.Rs.395/-, the pass to travel will be issued for a period of 4 days. According to said scheme, complainant had deposited Rs.790/- since persons were to travel. The complainant planned to visit Tryambakeshwar, Vani Shirdi, which are religious places. Journey as per the pass was to commence on 7/12/2007 and she was eligible to travel upto 10/12/2007. However, she cancelled the ticket on 7/12/2007 at about 11.00 a.m. which the appellant refused and, thereafter, refused to pay the amount received.

4. Defence of the appellant is that as per their circular dated 02/11/1998, the journey can be cancelled only in case of death of any member in the family, and/or earthquake, fire, heavy rains, flood and other natural calamities and that he shall inform day in advance with evidence, then only after deducting Rs.10/- rest of the amount will be repaid. What is to be noted is that, this is an inter-departmental circular of the appellant. As per the circular, conditions should have been incorporated on the ticket so that it can be inferred that the consumer had knowledge of the said condition. In the absence of such knowledge condition cannot be foisted on the consumer. Apart from this, District Consumer Forum has found that the complainant desired to visit the religious places and therefore, she has taken the said tickets, but there was menstruation and therefore, it was required to be cancelled and taking into consideration the said fact of natural difficulty the benefit has been granted. We do not find any reason to entertain this appeal. Hence the order:-