This case coming on 20.06.2014 for final hearing before us in the presence of Sri P. Sasank, Advocate for the Complainant and Sri Ajjurapu Srinivas, Advocate for the Opposite Parties and having stood over till this date for consideration, this Forum made the following:

                                                ORDER

(As per the Honourable President(FAC)on behalf of the Bench)

1.       The case of the Complainant in brief is that the Complainant had Purchased reservation tickets from the 1^st Opposite Party to travel from Gajuwaka to Kakinada and obtained advance reservation on 29.05.2010 at 19.45 (07.45 A.M.) hours for boarding to travel on the same day at 18.30 (06.30 P.M) hours.   The bus service No.2690 and allotted the seat Nos.27, 29 & 30 for the Complainant’s family.   Accordingly, the Complainant went to the bus stand before 10 minutes of its arrival and found that the bus has not the point and later enquired to the 1^st Opposite Party consent staff that the above bus has already left prior to the time.  The Complainant immediately lodged the complaint before the concerned officer namely K. Dora Babu and requested him to give written consent of the Supervisor.  The said Supervisor intimated the Complainant to board the substituted bus.  But the Complainant did not board in that bus as balance amount did not return by the Opposite Parties.   Hence, the Complainant issued a legal notice to the 1^st Opposite Party dated 26.01.2011.  But the 1^st Opposite Party sent the same to the 2^nd Opposite Party by stating that the said bus belongs to the 2^nd Opposite Party Depot.  On 4.3.2011 the Complainant received a reply from the 2^nd Opposite Party that the service No.2690 reached the Gajuwaka point on 29.05.2010 in time.    Hence, this Complaint.

2.       a) direct the Opposite Parties to pay the ticket amounts of Rs.357/- together with interest and damages of Rs.20,000/- for causing suffer and inconvenience to the Complainant and negligence part of the Opposite Parties.

          b)for cost of this petition and damages of Rs.10,000/-.

          c) for such other relief and reliefs as the Hon’ble  Forum deems think, fit and proper in the circumstances of the case.

3.       The Opposite Parties strongly resisted the claim of the Complainant by filing counter by the 1^st Opposite Party and adoption memo filed by the 2^nd Opposite Party.   The 1^st Opposite Party stated that they have no liability to pay any amount to the Complainant that the bus bearing No.2690 started on 29.05.2010 from Dwarakanagar Bus Station at 20.00 hours and reached Gajuwaka point by 20.30 hours, all the other passengers boarded the bus except the Complainant’s family.   The bus reached Gajuwaka at the schedule time and waited for more than the required time and all throughout the seats were kept vacant and as such, the Complainant is not entitled for refund of the ticket amount.

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.  Exs.A1 to A6 are marked for the Complainant.  No documents were marked for the Opposite Parties.   Heard both sides.

 5.      Ex.A1 is the bus ticket purchased by the Complainant dated 29.05.2010.   Ex.A2 is the letter issued by the K. Dora Babu, A.P.S.R.T.C, Gajuwaka.  Ex.A3 is the legal notice issued by the Complainant to the 1^st Opposite Party dated 26.01.2011.   Ex.A4 is the acknowledgment.   Ex.A5 is the letter issued by the Depot Manager, Gajuwaka dated 30.01.2011 to the Depot Manager, A.P.S.R.T.C, Kakinada along with Registered Lawyer’s Notice given by the Complainant.   Ex.A6 is the letter issued by the Depot Manager, Kakinada in favour of the Complainant.   Ex.A1 is the ticket issued by the A.P.S.R.T.C, Gajuwaka Depot dated 29.05.2010 at 19.45 hours.   The time of journey from Gajuwaka at 20.30 hours Super Luxury and destination is Kakinada schedule arrival 23.30.   The documents Exs.A2 to A6 are self contradictory of the Opposite Parties.

6.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.  The Complainant is entitled to any reliefs asked for?

7.         After careful perusal of the case record, this Forum finds that the Complainant purchased the bus ticket bearing No.2690 from Visakhapatnam to Kakinada on 29.05.2010 along with family members.   Though the Complainant went to the Gajuwaka bus station and waited for some time for arrival of the bus along with family members, but the bus already left Gajuwaka, the Complainant did not travel on that day from Gajuwaka to Kakinada.   The above documents reveal that the Opposite Parties took different pleas without filing any material records to prove that there is no fault on their part.    The veracity of the documents i.e., Ex.A2 did not questioned by the Opposite Parties, as it was given by one K. Dora Babu. A.P.S.R.T.C, Gajuwaka.    Moreover, the Opposite Parties did not file SR to support their contention.    As such, the Complainant’s wish to go to Kakinada along with his family is defeated by the acts the Opposite Parties even though he is having reservation ticket.   It amounts to deficiency in service on the part of the Opposite Parties.   The Complainant is entitled to ticket amount with interest.   He is entitled to some compensation and costs too.

8.       In the result, this complaint is allowed directing the Opposite Parties 1 and 2 1) to refund the ticket amount of Rs.357/- (Rupees three hundred and fifty seven only) with interest 9% p.a. from 29.05.2010 till the date of actual realization.   The Opposite Parties 1 and 2 are further directed to pay 2) a compensation of Rs.1,000/- (Rupees One thousand only) and 3) costs of Rs.1,000/- (Rupees one thousand only) to the Complainant.  Time for compliance, one month from the date of this order.

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 4^th day of July, 2014.

Sd/-                                                                                          Sd/-

Male Member                                                                            President

APPENDIX OF EVIDENCE

For the Complainant:-

For the Opposite Parties:-

                                                -Nil-

Sd/-                                                                                                   Sd/-

Male Member                                                                               President