State Consumer Disputes Redressal Commission
1. The Managing Director, Apsrtc, Bus ... vs N.C. Krishnudu Son Of Nagabhushanam ... on 27 January, 2015
Daily Order BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD First Appeal No. A/702/2014 (Arisen out of Order Dated 11/07/2014 in Case No. Complaint Case No. CC/80/2013 of District Cuddapah) 1. 1. The Managing Director, APSRTC, Bus Bhavan, RTC X Roads, Musheerabad, Hyderabad 2. 2. The Regional Manager, APSRTC, Maruthinagar, Near Dist. Court Kadapa 3. 3. The Depot Manager, APSRTC, Chelllampalli, Royachoti, Kadapa District 4. 4. The Depot Manager, APSRTC, Kadapa, Near Upstairs, APSRTC, Bus Station, Kadapa District ...........Appellant(s) Versus 1. N.C. Krishnudu Son of Nagabhushanam Aged 63 Years, E. 98202, Retired Conductor, APSRTC, Rajampet Depot, D.No.1by 1288, Yerramukkapalli, Kadapa City, A.P ...........Respondent(s) BEFORE: HON'ABLE MR. JUSTICE Gopala Krishna Tamada PRESIDENT HON'ABLE MR. T.Ashok Kumar MEMBER For the Appellant: For the Respondent: ORDER Counsel for the Appellants:Mr.Arun Kumar Lathekar Counsel for the Respondent: Respondent in person. QUORUM: HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT. AND SRI T.ASHOK KUMAR, HON'BLE MEMBER.
TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY, TWO THOUSAND FIFTEEN Order ( Per Sri T.Ashok Kumar, Hon'ble Member.) *** The opposite parties are the appellants.For convenience sake the parties as arrayed in the complaint are referred to hereunder.
The brief facts of the complaint are that the complainant along with his daughter namely one N. Girija travelled in opposite party's buses on route Bangalore - Rayachoty / Kadapa by making advance reservations on following dates.
Sl.
NO Date of reservation at RTC Counter Date of journey Ticket No. Journey Fare as per MTD 141 card Rs.
Difference amount Remarks From To
1. 5-11-11 6-11-11 JJ30818 Bangalore Kadapa 218 228 10 Refunded
2. 5-11-11 6-11-11 JJ30819 Bangalore Rayachoty 174 189 15 Refunded
3. 8-11-11 13-11-11 JS97832 KR Puram Bangalore Rayachoty 174 189 15
4. 16-11-11 9-11-11 JY13059 Bangalore Kadapa 218 228 10
5. 22-11-11 22-12-11 JY13648 Bangalore Kadapa 218 228 10 The complainant also stated that as seen from the above statistics the concerned tickets issuing persons of O.P.'s have collected excess fare for the above journeys though they were supplied with authorized MTD 141 cards to collect actual fare from the customers. The complainant further stated that while he was on duty at Rayachoty depot performing his duty on 22-11-2008 some ambiguous allegations were made on him, that he did not issue tickets worth of Rs. 600/- to a batch of four members, who boarded the bus at Bangalore and bound for Mydukur, therefore, he was removed from service on 01-5-2009 by imposing capital punishment. Thereafter Industrial tribunal - cum - Labour court, Anantapur set aside the said order and reinstated him into service through its award, dt. 02-2-2011 in I.D. No. 176/2009 and posted him at Rajampeta Depot. When the opposite party authorities have taken serious action on the complainant for non-issuing of tickets did not take similar action against the tickets issuing persons of the O.P's as shown for their negligence. The complainant further pleaded that he has brought the same to the notice of O.P.1 on several time i.e. 19-2-2009, 21-6-2012, 16-8-2012 and 12-4-2013 under registered post to take necessary action and also requested to refund the excess fare collected from him, and also marked complaint copies, dt. 16-8-2012 to the O.P.2, 3 and 4. The daughter of the complainant received a reply from O.P.2 on 20-7-2012 on the advice of the Deputy C.P.M (I.R), Hyderabad, dt. 2-7-2012 informing her that an amount of Rs. 25/- collected towards excess fare was refunded i.e. towards two tickets only as shown in the above table in Sl. 1 & 2 and also informed by letter No. E4/466/RTI-62) 11 RM.K, dt. 20-7-2012, that action will be taken against concerned persons but no action was taken against them, who has collected extra fare. The complainant also contended that, he approached the Lok Adalath, kadapa on 14-9-2013 and 26-9-2013 against the O.P's. but the O.P's did not attend before the Lokadalath, Kadapa and also the Lokadalath at Hyderabad Hyderabad on 15-2-2013 for its notice No. P.L333/2012, dt. 15-2-2013 and therefore the Lokadalath advised him to seek relief in appropriate forum. Hence, the complainant approached the District Forum for the following reliefs:
(a) To refund the excess fare Rs. 35/- collected from complainants on 8-11-2011, 16-11-2011 and 22-11-2011 with penal interest @ 36/- p.a. to the complainant
(b) To take disciplinary action against the concerned persons for collection of excess fare on 5, 8, 16 and on 22-11-2011 at Rayachoty, Bangalore and Kadapa advance reservation points.
(c) To pay an amount of Rs. 1,00,000/- to the complainants towards their expenditure for the above laborious correspondences made with the opposite parties and expenses for having approached the Hon'ble Lok Adalath, Kadapa and Hyderabad for relief in this case.
(d) To pay an amount of Rs. 1,00,000/- towards mental agony and suffer caused to the complainants with opposite parties actions.
Opposite party No.2 filed counter and denied all allegations made in the complaint and stated that the case is filed for recovery of excess fare collected by APSRTC and not on the capital punishment imposed on the complainant and the complainant asked for Rs. 600 crores for causing inconvenience to him in Lokadalath. O.P.2 further stated that the O.P's did not receive letter from the complainant and they have paid the amount of Rs. 25/- for the letters received by them and the complainant sent letters only with regard to information under RTI Act 2005 and the complainant never issued letter asking for refund of Rs. 33/- and O.P.2 also stated that action was taken against the persons who collected excess fare and there is no need for informing the same to the complainant as it is an internal matter and the management has looked into it. The D.M. Rayachoty gave reply on 25-6-2013 stating that an amount of Rs. 25/- was paid to complainant and as the complainant never asked for refund of Rs. 33/- in his letter issued to the O.P's after 20-7-2011 and thus prayed to dismiss the complaint with costs.
O.Ps. 1, 3 and 4 adopted the counter of opposite party No.2.
The complainant filed his affidavit and marked Exs.A1 to A6 on his behalf and the opposite parties have not chosen to mark any documents.
Having heard the complainant and opposite parties and considering the material on record, the District Forum by its order dated 11-7-2014 allowed the complaint in part and directed the opposite parties 1 to 4 to jointly and severally pay Rs.35/- towards excess amount collected from the complainants with 18% interest p.a. from 08-11-2011 till realization, pay Rs.10,000/- towards expenditure and Rs.5,000/- for mental agony.
Aggrieved by the order of the District Forum, the opposite parties preferred this appeal and mainly contended that the complainant has not filed any evidence to show that he had purchased tickets. In fact, it is the complainant's daughter who purchased the tickets and she is the competent person to file the complainant and the complainant is not a 'consumer' as defined under Section 2 of the Consumer Protection Act, 1986. The complainant did not file any proof to show how he suffered mental agony and other expenditure and contended that they have not received any communication and the complainant is their retired employee and bore grudge against them for taking disciplinary action against him and submitted that the complainant cannot be treated as a consumer.
Heard the counsel for the appellants/opposite parties who also filed written arguments and the respondent in person.
It is not in dispute that the complainant along with his daughter namely one N. Girija travelled in opposite party's buses on route Bangalore - Rayachoty / Kadapa by making advance reservations and the O.P.'s have collected excess fare for the above journeys though they were supplied with authorized MTD 141 cards and were authorised to collect actual fare. After a lot of correspondence and after an application under RTI, vide letter dated 20-7-2012, Ex.A5, the complainant's daughter was refunded an amount of Rs.25/- by the Asst.Manager (T) of Rayachoty Depot and it was informed by the same letter that the final settlement to N.C.Krishnudu will be made after disposal of the case pending before Hon'ble High Court of AP in ID No.176/2009 which has no relevance for refund of the amount of Rs.35/- paid by the complainant towards excess fare. When the complainant and his daughter vide Ex.A2 office copy of notices dt.19-6-2013, 12-4-2013, 16-8-2012, 21-6-2012 and 19-12-2011 have contended that they both travelled, it is unfair for the opposite parties to contend that the complainant did not travel and it is his daughter who only travelled. The opposite parties contended that they will be having the information with them as to who travelled but failed to produce the said proof and hence we are of the considered view that the complainant is a consumer and he is entitled for refund of the amount which was paid by him in excess. Taking into consideration the representations made right from 19-12-2011, the District Forum has rightly awarded the amount and we see no reason to interfere with the well considered order of the District Forum.
In the result this appeal fails and is accordingly dismissed. Time for compliance four weeks.
sd/-PRESIDENT.
sd/- MEMBER.
JM Dt.27-01-2014. [HON'ABLE MR. JUSTICE Gopala Krishna Tamada] PRESIDENT [HON'ABLE MR. T.Ashok Kumar] MEMBER