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K.S.R.T.C, BAGALKOT, BIJAPUR vs BHIMAPPA ANNAPPA GADDI

National Consumer Disputes Redressal Commission · Decided on 30 July 1996 · Citation: 1996 3 CPJ 522

HON’BLE JUDGES
D.R.Vithal Rao , Susheela Cheluvaraju , Kumar Gowda J.
RESULT
Appeal allowed
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Judgment

8 paragraphs · 402 words
1.

THIS appeal by the opposite party is directed against the order dated 29th April, 1995, passed by the District Forum, Bijapur in Complaint No. 169/94, directing the opposite party-K.S.R.T.C.. to revise the fare fixed from Herkal to Bagalkote and fix the fare at Rs. 5.50.

2.

THE facts, briefly stated, are as follows : THE complainant, a resident of Herkal Village, averred that Bagalkot is 29.2 Kms. from Village Herkal, the opposite party was charging Rs. 6.50 per passenger for travel in its bus. Bagalkot is about 30 Kms. away from Bilgi but the opposite party is charging only Rs. 5.50 per passenger, even though the distance is more than the distance between Herkal and Bagalkot. So the complainant sought a direction to the opposite party-K.S.R.T.C. to revise the said fare and fix it at Rs. 5.50 per passenger for the travel from Herkal to Bagalkot. The opposite party though served with notice did not file any version.

During enquiry the complainant filed his affidavit in evidence.

3.

THE District Forum on consideration of this material held that the opposite party committed deficiency in service in charging a sum of Rs. 6.50 per passenger for travel from Herkal to Bagalkot and directed the opposite party to fix it at Rs. 5.50 per passenger. We have called for the records and received. We have also heard the learned Counsel for the parties, perused the pleadings and the material on record.

4.

THE Consumer FORA has no jurisdiction to revise and fix the fare of the State Transport Authority buses, i.e. within the competence of the statutory authority i.e., the State Transport Authority. The National Commission considered this question in Maharashtra State Road Transport Corporation v. B.G. Sarang, reported in III (1995) CPJ 40 (NC), held as under : "The correctness or otherwise of the fares fixed by the Government or State Transport Authority or Regional Transport Authority in exercise of its statutory powers cannot be questioned under the provisions of the Consumer Protection Act, 1986."

Having regard to this principle in view, the finding recorded by the District Forum is clearly erroneous and unsustainable.

5.

IN the result, therefore, this appeal is allowed. The order of the District Forum, Bijapur passed on 29.4.95 in Complaint No. 169/94 is set aside and the complaint is dismissed.

6.

THE parties are directed to pay and bear their own costs in this appeal. Appeal allowed.