BHAMY V.SHENOY vs Divisional Controller, Karnataka State Road Transport Corporation

THIS appeal arises out of an Order passed by the District Forum, Mysore in Complaint No. CPA/MD/ 88/89-90 on its file. It arises in this way: The appellant boarded the Super Deluxe Bus of the respondent at Mysore at 11.00 p.m. on 22.7.1989 along with his nephew to travel to Mangalore by paying Rs. 96/- as fare for both of them. When the bus reached the spot about 10 km. away from Mercara at about 1.00 a.m., they found that a tree had fallen across the road due to heavy rains and that the bus could not proceed further. After sun rise the driver took a deviation and reached Mercara at about 7.00 a.m. on 23.7.1989. After reaching Mercara, the appellant was told that due to blockage of the road between Mercara and Mangalore, the bus could not proceed further towards Mangalore. The appellant and his nephew returned to Mysore by paying Rs. 26/- towards bus fare. The appellant sent a complaint to the District Forum, Mysore on 2.3.1990 claiming refund of Rs. 122/- (Rs. 96 + Rs. 26/-) and damages for causing unnecessary inconvenience to him in getting refund. The respondent remained absent after due service. The appellant gave evidence as PW1 in support of his case. The District Forum directed the respondent to refund the bus fare collected from the appellant and his nephew to the extent of the non performed portion of journey to Mangalore leaving the parties to bear their own costs. Hence this appeal by the complainant.

THERE is no doubt that the respondent has been negligent in not putting up appearance before the District Forum, Mysore and establishing that the road from Mercara to Mangalore was not fordable. We have noticed in other cases also that the KSRTC authorities have been negligent in appearing before the Forums concerned. It is admitted by the complainant that the driver told him that the road was not fordable and that he would not take the bus to Mangalore. THERE is no reason for the driver to invent a false reason for not proceeding towards Mangalore. Even then the District Forum ought to have ordered refund of the full amount of fare paid by the appellant and his nephew. It was the duty of the KSRTC officials to take back the passengers to Mysore and leave them there if they could not take the bus to Mangalore. Under the circumstances, the District Forum, should have awarded the refund of the full fare plus the fare paid by the complainant and his nephew to travel from Madikeri to Mysore, that is in all Rs. 122/-. The appellant admits that he has received refund of Rs. 52/- from the respondent. So the appellant is still to get Rs. 70/-. The appellant should also get his costs of this appeal as also of the complaint. We award Rs. 250/- towards costs of this appeal and the complaint. So in all, the appellant is entitled to Rs. 320/- from the respondent. In the result, the Appeal is partly allowed and the Order of the District Forum is modified by directing the respondent to pay Rs. 320/- to the appellant within 15 days from today. Appeal partly allowed.