MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPN. vs SUNDARAVIMALANATHAN

BRIEFLY stated the complainant''s case is that when he travelled from Thanjavur Old Bus Stand to Ayyampettai, a sum of Rs. 3.50 np was collected as fare whereas the fare is only Rs. 2.90 np @ 0.18 paise per kilometre and when the complainant remonstrated, the conductor said that the complainant can get down and report to anyone and challenged the complainant and thus the complainant was insulted. Further, the conductor was not in proper uniform. The route-map, time chart, first aid box were not available in the bus. Hence, the complaint.

THE opposite parties opposed the complaint contending that the length of route between Thanjavur Old Bus Stand and Ayyampettai Bus Stand is 17 kms. THE bus fare was collected as per the Government Notification. THE Consumer Court has no jurisdiction. THE complaint is not maintainable. THE 4th opposite party has directed the 5th opposite party to initiate inquiry and send a report. THE third opposite party has also directed the first opposite party to submit the report in respect of the notice given by the complainant. It is not true to say that the fare chart, route map, first aid box, time chart were not provided. THEre is no deficiency in service. Hence, the opposite parties pray that this complaint may be dismissed. The lower Forum accepted the case of the complainant and directed the first opposite party to refund excess fare of 0.50 paise and also pay compensation of Rs. 1,000/- with cost of Rs. 500/-. The lower Forum also directed that the amenities such as first aid box, route map, time chart, fare chart shall be provided in all buses plying under his control.

Aggrieved by the same, the first opposite party is now on appeal.

IT is established by the complainant by producing the ticket which is marked as Ex. A1 to show that he has travelled the bus on 13.4.1999 plying between Thanjavur Old Bus Stand and Ayyampettai. The fare collected is also shown as Rs. 3.50 np. The opposite parties have not produced any fare chart to show the exact fare payable. But an analysis shows that the permitted fare is only Rs. 3/-. They are entitled to collect only 0.18 paise per kilometre. But they have collected Rs. 3.50 np instead of Rs. 3/- as seen from the ticket. Therefore, the lower Forum rightly held that excess fare has been collected by the opposite parties. Though an attempt was made by the opposite parties to show that the complainant travelled from the New Bus Stand by producing Ex. B1, the lower Forum after going through the same held that it is not a genuine document. The lower Forum has given reason for rejecting the said document. IT is not stated in the version also that the complainant travelled from New Bus Stand. Therefore, at a belated stage namely at the stage of argument such a stand was taken and, therefore, it was rightly rejected by the lower Forum. The complainant has also stated that there were no facilities like the bus route map, time chart, fare chart, first aid box in the bus. IT is stated that an inquiry was ordered to be initiated into the same. But they have not thrown any light as to what happened to the said inquiry and what was the result in the inquiry. Therefore, the lower Forum rightly held that there was deficiency in service. In the circumstances, we do not find any reason to take a different view from that of the lower Forum. Consequently, this appeal is dismissed with cost. In the result, the appeal is dismissed with cost of Rs. 250/- confirming the order of the lower Forum. Time for compliance : Two months. Appeal dismissed with costs.