The ST Corporation was liable to pay compensation for hardship, pain and suffering as the complainant had suffered mental agony due to the excessive fare charged by the ST Corporation.

Mr. Justice, S.A. Shah, President—The appellant who is the original complainant is the President of Consumer Association, Mahudha had filed a complaint before District Forum, Kheda at Nadiad by way of public litigation.

2. The short facts of the case are that the opposite party the Gujarat State Transport Corporation (hereinafter referred to as S.T. Corporation) is running buses from Dakore to Ahmedabad via Mahudha/Navodaya Vidhyalaya (Khatlal). The distance from Mahudha to Navodaya Vidyalaya is less than 15 kms. which is 2.5 stages and, therefore, the charges for this distance would be only Rs. 2/-. However, different conductors charge different rates; one conductor charges Rs. 2/- and another conductor of another bus charges Rs. 2.50 and the people of this place have to enter into dispute time and again and after 14.3.91 mental agony has so much increased that most of the time persons who are travelling in bus have to quarrel with the conductors.

3. According to the complainant, by taking these excess charges, the opposite party has earned very high amounts, has given mental torture to the complainant and other persons and he has, therefore, prayed for Rs. 1000/- for mental torture and Rs. 5/- towards refund of the amount which has actually been paid by him

4. The S.T. Corporation has filed its version and has raised preliminary contention that the District Forum had no jurisdiction. They have further stated that the opposite party is a Corporation doing public service and is trying its best to serve the people to the utmost satisfaction. According to the opinion of the Corporation the Navodaya Vidyalaya was three stages and not 2.5 stages but after hearing the representations of students and local leaders though they were considering it little higher than 2.5 stages, they have fixed the charges at Rs. 2/- and accordingly all employees were informed. When the complainant brought these facts to our notice they had issued orders to their employees to charge Rs. 2/- from Mahudha to Navodaya Vidhyalaya. According to the opposite party it is not the complainant who had suffered mental but the conductors have suffered mental torture. The written statement is signed by Legal Assistant and Advisor of ST Corporation and one Shri N.C. Rathod, Depot Manager at Mahudha has filed an affidavit.

5. That the District Forum Kheda has dismissed the complaint on the ground that the distance between Mahudha and Navodaya Vidhyalaya, Khatlal was little more than 2.5 stages and according to the belief of the opposite party the distance between Mahudha and Navodava Vidhyalaya, Khatlal was little more than 2.5 stages and, therefore, they were charging the fare of 3 stages and relying upon this statement the District Forum has come to the conclusion that there was no deficiency of service and dismissed the complaint without considering the evidence on record. Unfortunately, there is no discussion also.

6. We have heard the appellant-complainant and the learned Advocate at length. That the opposite party has neither given particulars nor proper reply regarding the abovementioned averments even though the Corporation was in possession of all the records and witnesses who could have thrown light on this contention. It may not be forgotten that the appellant has not come here only to recover Rs. 5/- but has filed this complaint as President of the Consumer Association who had written letters and spent considerable time and ultimately the ST Corporation had to accept the contention of the complainant by reducing the fare from Rs. 2.50 to Rs. 2/-. The averments made by the complainant are as under:

— that the distance between Mahudha and Navodaya Vidhyalaya, Khatlal (formerly known as Pithai Fata stop) is 14.49 kms. according to the ST Corporation's own fare table as shown in Exh. 11 page 28.

— according to the Mile-stone the distance is 14.17 kms. as stated in Exh. 11.

— that the conductors of Mahudha depot were charging Rs. 2/- as fare from Mahudha to