Orissa

Cuttak

CC/207/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

Regional Transport Officer,Sundargarh - Opp.Party(s)

Self

27 Feb 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.207/2023

 

Dr. Sunil Kumar Rath,

S/o: Simanchal Rath,Plot No.3C/876,

Sector-10,CDA,Cuttack-753014.                                     ... Complainant.

 

                                                Vrs.

1.     Regional Transport Officer,Sundargarh,

At/PO/Dist: Sundargarh.

 

2.     Sanjay Singh,

S/o: Bhim Singh,

At:Khamari Para, Sundargarh-770001.                   ... Opp. Parties.

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

             Date of filing:       19.06.2023

Date of Order:     27.02.2024

 

For the complainant:            Self.

For the O.P. No.1      :            Mr. P.K.Behera, Standing Counsel(T).

For the O.P No.2      :             None.

 

Sri Debasish Nayak,President.

Case of the complainant as made out from his complaint in short is that on 13.12.2022 he had undertaken journey in the bus belonging to O.P No.2 from Sundargarh to Bedbyash(Rourkela) and the O.P no.2 had collected from him a sum of Rs.130/- towards the bus fare but he should have taken Rs.108/- only.  According to the complainant, the actual bus fare from Sundargarh to Bedbyash is Rs.108/- but the O.P no.2 had collected from him an excess amount of Rs.22/-.  He had demanded return of the said amount from him and had raised protest by drawing the attention O.P no.2 as well as of O.P no.1.  When no positive response was received, he had issued legal notice to the O.Ps on 28.2.2023 and had ultimately filed this case against the O.Ps claiming refund of the money as paid by him to the tune of Rs.130/- alongwith another sum of Rs.95,500/- towards compensation for his mental agony and harassment.  He has also prayed for the cost of his litigation and for any other order as deemed fit and proper.

          Together with his complaint petition, the complainant has annexed copies of several documents in order to prove his case.

2.       Out of the two O.Ps as arrayed in this case, having not preferred to contest this case, O.P no.2 has been set exparte vide order dated 27.7.2023.

          However, O.P no.1 has contested this case and has filed his written version wherein he has stated that the case of the complainant is not maintainable against him which is liable to be dismissed with heavy cost.  O.P no.1 through his written version has stated that the statutory notice U/S-80 CPC has not been served upon him by the complainant.  He is also not a service provider as alleged by the complainant here in this case.  Accordingly, he has prayed to dismiss the complaint petition as filed against him.

          The complainant has also filed his evidence affidavit in this case.  In his evidence affidavit he has stated that instead of collecting Rs.108/- towards the actual bus fare from Sundargarh to Rourkela, the O.P no.2 had collected from him Rs.130/- which was in excess of the prescribed bus fare.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P no.1, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issues no.I & II.

Out of the three issues, issues no.i & ii  being the pertinent issues are taken up together  first for consideration here in this case.

After perusing the complaint petition, the written version, written notes of submissions from all the sides, evidence affidavit as filed by the complainant as well as all the copies of documents available in the case record, it is noticed that the complainant alleges about the excess bus fare to have been collected from him by O.P no.2.  He was supposed to pay a sum of Rs.108/- only towards the bus fare while travelling from Sundargarh to Bedbyash in Jay Mata Di bus bearing Regd. No.OD-16D-0050 on 13.12.2022 but he was asked to pay a sum of Rs.130/- which is in excess of the scheduled bus fare.  The complainant had made the R.T.O,Sundargarh a party in this case by arraying him as O.P no.1.  O.P no.1, the R.T.O,Sundargarh has urged through his written version that the mandatory provision  of notice U/S-80 CPC(Civil Procedure Code,1908) had not been complied by the complainant in this case as no notice was sent or served to him.  It is ofcourse true that in absence of any cogent evidence to that aspect that the complainant had served notice U/S-80 CPC upon O.P no.1 who is undoubtedly a Govt. servant; prior to filing of this case.  There is also no cogent evidence that infact the complainant was conducting his journey in the said bus bearing Regd. No.OD-16D-0050 which belongs to the O.P no.2 of this case.  In absence of the said facts, this Commission cannot conclude here that O.P no.2 was deficient in his service towards the complainant as alleged and that the case is maintainable against O.P no.1 when the mandatory provision U/S-80 CPC has not been complied.  Accordingly, these two important issues go against the complainant of this case.

Issue No. iii.

From the discussions as made above, it is held that the complainant is not entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

Case is dismissed on contest against the O.P No.1 and exparte against O.P no.2 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 27^th day of Feburary,2024 under the seal and signature of this Commission.                                                                                                                

                                                                                 

                                                                                  Sri Debasish Nayak

                                                                                           President

 

                                                                                      Sri Sibananda Mohanty

                                                                                                   Member