Telangana State Commission Sets Aside District Commission Order, Relief To Telangana State Road Transport Corporation, Hyderabad

The appeal was filed by The Depot Manager, Dilsukhnagar, Telangana State Road Transport Corporation, Hyderabad (TSRTC) against the Complainant to set aside the District Commission, Ranga Reddy order which had allowed the complaint.

Brief Facts of the Case:

The Complainant, a retired government employee and Advocate, boarded a TSRTC bus to travel from Sanga Reddy X Roads to Bidar. The bus was very crowded, with some passengers even standing due to no seats, including the Complainant.

As per circulars, seats numbered 14, 15, and 16 within a bus are designated for senior citizens. However, in this bus, the TSRTC failed to enforce this seat reservation policy for senior citizens. Additionally, the seats were not clearly marked with white painted letters, which would have made it easier for senior citizens to identify and occupy them.

The Complainant had kidney-related health issues and experienced significant discomfort and additional knee pain due to standing throughout the journey. The failure to reserve seats for senior citizens not only caused inconvenience but also resulted in the Complainant being denied his rightful entitlement, amounting to negligence and distress.

He issued a legal notice to TSRTC for the negligence and harassment which denied him his rightful entitlement, but to no avail.

The District Commission allowed the complaint and directed TSRTC to refund the ticket amount and compensation of Rs.10,000/- for mental agony and deficiency in service caused to the senior citizen with Rs.5,000/- as litigation expenses.

Contentions of TSRTC:

TSRTC contended that on that day the bus was crowded with passengers who had booked tickets for the entire journey and it was not possible to vacate the specified seats for senior citizens, MLA/MPs/MLC, and others. Despite the bus conductor's efforts to make accommodations, the passengers holding valid tickets for those seats declined to relinquish them for senior citizens. TSRTC did reserve specific seats for the special categories with visible paint for easy identification, however, in this particular bus, the paint had faded. TSRTC took three measures and repainted the special category seats with fresh paint. The Depot Manager expressed regret for any inconvenience caused to the complainant and requested him to withdraw the complaint.

Observations of the Commission:

The State Commission allowed the appeal and set aside the District Commission's decision which had held TSRTC liable since simply issuing circulars and marking reserved seats for easy identification was insufficient. It held that it is crucial for bus drivers and conductors to be trained to ensure proper implementation of the circulars' purpose.

The Telangana State Commission held that the complainant was aware that the bus was overcrowded and couldn't be accommodated in those seats. It acknowledged that the route was busy and the earmarked seats were naturally taken up at the start of the journey. He could have waited for the next bus but willingly chose the overcrowded bus. The complainant, like other passengers, experienced the inconvenience of standing during the journey. Further, only three seats were reserved for senior citizens, and those seats were already occupied with no evidence that the seats were not taken by senior citizens itself.

In conclusion, the Commission emphasized that a consumer complaint must be examined from both sides with the onus on the complainant to prove the case. It emphasized that sole reliance on circulars without substantive supporting material is inadequate. It regarded TSRTC’s dispute as reasonable and held that the District Commission’s decision to hold liable TSRTC for deficiency in service was considered erroneous.

Case Title: The Depot Manager, Dilsukhnagar, Telangana State Road Transport Corporation, Hyderabad vs. Nagender

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