KSRTC Vs. PRESIDENT, KARNATAKA CONSUMERS FORUM

JUDGEMENT

(1.) THIS appeal is filed by the OPs challenging the order dated 4.1.2010 passed by the DF, Mysore in complaint No. 426/09 whereby the appellants herein are directed to withdraw the 'advertisements' displayed or exhibited on the buses run by them withinMysore District which are contrary to Rule 127 of the Karnataka Motor Vehicles Rule, 1989 within two months from the date of impugned order and to pay compensation of Rs. 5,000 to the respondent within two months from the date of order failing to do so the said compensation amount will carry interest at 10% p.a. with costs of Rs. 1,000. The DF further directed the appellants jointly and severally to credit a sum of Rs. 1,00,000 to the Consumer Welfare Fund of the DF within two months and on failure the amount shall carry interest at 10% p.a. till the amount is remitted. Being aggrieved by the said order, the appellants are now before us in this appeal to set aside the impugned order on various other grounds.

(2.) THE respondent is a registered voluntary consumer organization working for consumer cause. Designated as Karnataka Consumer Forum it approached the DF with an allegation of deficiency of service as against the appellants to the citizens of Mysore.

(3.) THE respondent alleged that under Rule 127 of the Karnataka Motor Vehicles Rules 1989, it is mandatory that no advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by a general or special order. The OPs are not following the Rule and making illegal profit by unfair trade practice and the appellant Corporation has earned Rs. 1,38,16,030 by the advertisement which should have been passed -consumers while fixing the tariff every years.