BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, LADY MEMBER
Friday, 31st day of March 2017
CONSUMER COMPLAINT No. 89 / 2016
1. T. Subbarayudu, S/o late T. Narsimhulu, aged 58 years.
2. Smt. T. Rajeswari, W/o Subbarayudu, aged 49 years,
Both are residing at D.No. 1/1033,
Yerramukkapali, Kadapa city.
3. R. Manohar Naidu, S/o Narayana, aged 55 years,
4. R. Lakshmikanthamma, W/o R. Manohar Naidu, aged 49 years,
3 & 4 are residing at D.No. 36/124, Chinna Chowk,
Kadapa city. ….. Complainants.
Vs.
1. APSRTC Rep. by its Depot Manager, Rajampeta, Kadapa District.
2. APSRTC, Rep. by its Depot Manager, Kadapa,
Kadapa city, Kadapa District. ………Opposite parties
This complaint coming on this day for final hearing on 30-3-2017 in the presence of Sri Md. Ali Khan, Advocate for Complainant and Opposite parties right of written version is seized on 3-3-2017 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- The Complainants with an intention to go to Sri Sailam on the occasion of Kartheeka Masam and thinking mind that the private travelers are not safety in reaching the destination place of the passengers, the Complainants approached the O.P.2 and booked four tickets on 3-11-2016 from Kadapa to Sri Sailam and the date of upward journey is 4-11-2016 and also for downward journey on 6-11-2016. The destination of the place from Kadapa to Srisailam is 280 kms the Opposite parties collected an amount of Rs. 1,620/- for upward jouney and issued a ticket bearing No. 005 09622 with service No. 6234 which has to be pickup the passengers at Kadapa bus stand at about 22.15 hours the service bus is Ultra Deluxe bus. The downward journey ticket No. is 09623 services No. 6235 Ultra Delux bus and the same has to be start at 20-00 hours at Sri Sailam and collected a fare of Rs. 1,590/-. The time of arrival of the bus at Sri Sailam is 6.00 a.m.
3. The Complainants reached at 22.00 hours at Kadapa bus station and enquired at Kadapa RTC bus stand enquiry point, but there is no response from them and replaced that the bus belongs to Rajampeta depot and we cannot say the correct time of its arrival and given the mobile number of the driver and at about 23.30 hours when the Complainants contacted the driver of the said service bus and he explained for the late arrival of the bus by saying that they have taken meals on the way. Finally they arrived at Kadapa bus station at about 23.45 hours and proceeded towards Sri Sailam but the said bus is not in good condition and there are no shutters for the windows due to severe cold all the passengers questioned to the driver about the condition of the bus and the driver of the said bus went to Mydukur garage and one iron sheet has been fixed to the window and replied to protect the cold weather from the said iron sheet and when all the passengers are questioned about the condition of the bus, the driver of the said bus replied vehemently that he brought the bus which was given by the Rajampeta depot authorities and if any passengers wants to complaint let give complaint to the concern authorities or to anybody. Due to mid-night all the passengers are kept silent and proceeded towards Sri sailam and stopped at dornala from 2.30 hours to 6.00 hours and started 6.00 hours towards Sri Sailam and while the bus proceeding on the ghat section black colour powder has been came out from the engine and the said black powder covered on the face of all the passengers and the clothes of the passengers are became burst and all their faces became with black colour. Due to which the driver of the bus has not gone to sunnipenta bus stop and directly proceeded towards Sri sailam and arrived the destination place at about 8.00 hours after facing so many difficulties without any sleep, with severe mental agony and raveled in cold weather.
4. On 6-11-2016 the Complainants ready to go to bus stand from their cottage at about 7.30 p.m one message has come from the concerned authorities by intimating the at the service No. 6235 has been cancelled and collect the refund of the amount where the Complainants obtained reservation tickets. Immediately all the Complainants rushed to the Sri sailam bus stand and requested the concerned authorities from the refund of the amount, but they silently listen the words of the Complainants and finally when the Complainants demanded the authorities, they replied that there is no any communication from the Rajampeta depot either to arrange the bus or to refund the ticket amounts. The Complainants engaged one taxi by promising the owner of the taxi that the agreed hire charges of Rs. 10,000/- which will be paid at Kadapa and started at 8.00 hours and arrived Kadapa at about 6.00 a.m and given amount of Rs. 10,000/- to the taxi. Due to all the passengers suffered severe mental agony and also suffered with cold weather. Hence, the Opposite parties are liable to pay hire charges of Rs. 10,000/- and Rs. 80,000/- to the Complainants each Complainant is Rs. 20,000/- for suffering mental agony and for cold weather. The Opposite parties are liable to pay Rs. 1,10,000/- to the Complainants for physical strain and mental agony and costs of the complaint in the interest of justice.
5. The right of Opposite parties written version is seized on 3-3-2017. No counter filed by the Opposite parties.
6. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainants are eligible for compensation as prayed by them or not?
- Whether there is negligence or deficiency of service on the part of the Opposite parties or not?
- To what relief?
7. On behalf of complainant Exs. A1 to A3 were marked.
8. Point Nos. 1 & 2. As per documents on record i.e. Exs. A1 to A3 it is true that the Complainant has reserved tickets from Kadapa to Sri Sailam and Sri sailam to Kadapa and the return tickets were cancelled as per Ex. A3. As seen from complaint and evidence on record it is very clear that the Complainants travelled in a very ordinary maintenance bus, which is not suitable for long journey. Due to that the Complainants suffered a lot. It is the bounded duty of the Opposite parties to arrange a good condition bus for long journey. Here the bus is not a good condition. It is proved deficiency in service on the part of the Opposite parties. At the same time the return tickets of the Complainants were cancelled by the Opposite parties, as the services was cancelled on that day from Sri sailem to Kadapa is also proved deficiency in service on the part of the Opposite parties 1 & 2. So in these circumstances the Complainants are liable for compensation as prayed by him, at the same time there is deficiency in service and negligence on the part of the Opposite parties 1 & 2.
9. Point No. 3. In the result, the complaint is allowed, directing the Respondents 1 & 2 jointly and severally liable to pay Rs. 10,000/- (Rupees ten thousand only) each i.e. 10,000 X 4 = Rs. 40,000/- (Rupees forty thousand only) in total towards mental agony, deficiency of service and cost of the complaint, 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 31st day of March, 2017.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex. A1 Original reservation ticket bearing No. 00509622, dt. 3-11-2016
from Kadapa to Sri sailem.
Ex. A2 P/c of the reservation ticket bearing No. 00509623 from Srisailam to Kadapa.
Ex. A3 Original full cancelled ticket issued by the Opposite parties dt. 16-11-16.
Exhibits marked on behalf of the Opposite parties: -
MEMBER PRESIDENT
Copy to :-
- Sri Md. Ali Khan, Advocate for Complainants.
- APSRTC Rep. by its Depot Manager, Rajampeta,
Kadapa District.
- APSRTC, Rep. by its Depot Manager, Kadapa,
Kadapa city, Kadapa District
B.V.P
