MANAGING DIRECTOR K.S.R.T.C. vs K.S.SHEENA MOL

THESE appeals are directed against the order passed by the District Forum, Allapuzha in O.P. Nos. 46/95 & 65/95. The opposite parties are the appellants.

SHORTLY stated allegations in the complaint are as follows : The complainants are student of S.N. College, Shertallai and they took concession tickets from the opposite parties KSRTC for traveling for 3 months from Kalavoor S.N. College from December 16th onwards on payment of Rs. 52.50. Before expiry of the period of the concession ticket the opposite parties prevented the complainant from using the concession tickets and the complainants, had to pay full charge of the ticket for each trip. This according to the complainants is a deficiency in service and they claimed compensation. In the version filed by the opposite parties it was stated that the Corporation was facing serious financial crisis as the students of various schools and colleges are causing heavy damages to the Corporation buses as part of their agitation and the crew and passengers sustained serious injuries by stone pelting, that the passengers are claiming damages, that the Corporation had to cancel trips till the buses are got repaired and in order to prevent destruction of Corporation buses and its property the Corporation decided not to issue/renew the concession tickets and not to allow concessional facilities to the students of institutions whose student indulged in such ac tivities. It was also alleged that on 25.11.93 the students of the S.N. College, Chertallai caused damage to the Corporation buses as a result of which the Corporation suffered huge loss which was assessed at Rs. 16,000/- that the police arrested some students and registered a case and the Principal was requested to realise the amounts from the students and remit, but the Principal did not respond. Therefore decision was taken for stopping issuance of concession tickets to the students of S.N. College, Cherthallai and dishonoruing the concession tickets issued previously. This was communicated to the Principal, S.N. College, Chertallai on 12.12.95. It was further averred that the complainant had no legal right to get concession ticket or concessional travel facilities. As per condition 5 attached to the application form the opposite party had right of refusal of concessional travel facilities. The District Forum took the view that having issued the concession tickets for a particular period and after receipts of consideration for the same, it was not open to the opposite parties to prevent the students from traveling by using those con cession tickets already issued and to collect full charges. In that view it passed an order directing the opposite parties to pay each of the complainant Rs. 250/- as compensation and Rs 250/- as costs.

Feeling aggrieved by the said order these appeals are preferred.

LEARNED Counsel appearing for the appellant invited our attention to clause 5 of the condition attached to the application form for concession tickets. We perused the said condition. That says that the corporation reserves right to issue concession tickets. Whenever students damage corporation Buses/properties. It in also stated that Concession tickets already issued can also be withdrawn or invalidated unless the amount of loss/damages is remitted and the decision of the Managing Director KSRTC is this regard shall be final. LEARNED Counsel submitted that in the light of this condition it would be open to the opposite parties to cancel the concession tickets already issued. In our view having issued the tickets receiving consideration for the concession tick ets it would not be legal for the opposite party to withdraw the concession tickets already issued or cancel it for the unexpired southern. The complainants have a vested right to travel on concession ticket for the period for which it was issued. That right cannot be taken away in the manner as is done in this case. No opportunity was also given to the complainants to show against the proposed action opposite parties have no case also that the complainants destroyed properties of the KSRTC. However great reliance was placed by the counsel for KSRTC on condition No. 5 referred to above.

A Single Judge of the Kerala High Court had occasion to consider similar question in O.P. No. 3716/95 in Model Cultural Centre and Ors. v. KSRTC. The judgment was produced before us. The High Court took the view for the illegal activities of some unidentified students of the two colleges, the students in general cannot be punished by withholding the issuance of concession tickets. Miscreants should be identified and should be proceeded against with a view to punish and to realise the damages from them. We do not want to finally decide the question whether KSRTC can stop issue of concession tickets in future. However we are of the different view that once the concession tickets are issued on receipt of consideration it would not be open to the opposite parties to prevent the students from traveling on the strength of such tickets. That would certainly amount to deficiency in service. In the circumstances there is no merit in the appeals and accordingly the appeals are dismissed. Appeal dismissed.