GURU RAM VISHWAKARMA MADHUKAR Vs. U P STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) COMPLAINANT Guru Ram Vishwakarma Madhukar went to the District Forum with Complaint Case No. 53/1997 in which the prayer was that since a robbery took place in the transport bus in which the complainant lost Rs. 19,885, a total sum of Rs. 49,937.50 be awarded as compensation against the U.P. State Road Transport Corporation (For short UPSRTC) which had permitted the complainant to purchase a ticket No. Cha/6 -8996431 for having paid Rs. 117.50 as bus fare. The ill -fated bus was bearing Registration No. 65H -171.

(2.) THE matter was hotly contested before the District Forum inasmuch as it was indicated that the bus had left Ghazipur at 19.30 hours when six passengers who were sitting in the bus having purchased valid tickets suddenly took out their Katta/pistol and forced the driver to stop the bus and resorted to voluntarily looting of the passengers at the point of gun. A report was lodged at the police station and investigation was going on. Under these circumstances, it was claimed firstly that the complainant would not come within the meaning of expression consumer . In the alternative it was submitted even if it be so, the complainant cannot claim any amount by way of deficiency in service.

(3.) THE District Forum went into the issue of the allegations of the complainant relating to the said robbery. A finding has been recorded that initially the complainant proposed to set up a case that the bus was stopped voluntarily by the driver at unmarked destination. But subsequently the finding recorded is that the looting took place as a result of a planned attack by the robbers who had conceitfully come inside the bus as passengers and subsequently turned out to be robbers. Therefore, the District Forum has recorded a further finding that such type of incident was accidental, unexpected and there was no deficiency of service involved in such type of incident, therefore, it has dismissed the complaint. Aggrieved, the instant appeal has been filed by the complainant.