The appellant was entitled to receive fare for the excess passengers and the agreed number of passengers, but not entitled to overstay charges.

Mr. Justice M.A.A. Khan, President—Heard the learned Counsel for the appellant.

Briefly stated the relevant facts are that the respondent complainant had hired the services of the appellant in connection with carrying the members of his marriage party from village Borkhandi to Nainwa (District Bundi). According to the complainant-respondent the appellant had agreed to carry 60 members of the marriage party in the bus provided by it, and for that the appellant was to receive the hire money of Rs. 4,300/-. It is an admitted case of the parties that at the relevant time the appellant had made a passenger bus available to the respondent-complainant at the right time but the passengers exceeded by 20. For this exceeded number of passengers, the case of the complainant was that he had to arrange two another light vehicles to carry them from Borkhandi to Nainwa. On the other hand the case of the appellant was that those 20 passengers (Baraties) had also travelled through the same bus provided by the appellant and that the appellant had charged fare at the rate of Rs. 71/- per passenger from the respondent-complainant. The District Forum believed the version of the appellant and held that the bus provided by the appellant to the respondent for carrying the members of the marriage party had carried all the 80 members of the party. But the Forum was of the opinion that since it was an over crowded bus the appellant should have charged fare @ Rs. 35/- per passenger only for the excess passengers.

2. Another dispute between the parties was that the case of the appellant was that the bus had been hired for 24 hours but it was made to halt at the place of the bride for more time and in that respect it had charged Rs. 2,150/- on account of over stay of the bus. The complainant-respondent though denied this position but the Forum did not express any opinion on this point.

3. After hearing the parties the Forum directed the appellant to refund a sum of Rs. 5,750/- to the respondent with interest @ 12% p.a. calculated from 21.5.1997 and further to pay a sum of Rs. 100/- towards compensation for mental agony. Aggrieved by such order of the Forum the appellant has preferred this appeal.

4. It is not in dispute that the appellant had to carry 80 passengers in the bus as against 60 which were agreed to be carried. It is also not disputed that the fare of one passenger from village Borkhandi to Nainwa and to return was Rs. 71/-. The appellant was entitled to receive the fare for both sides as the same members of the marriage party had travelled from Borkhandi to Nainwa and back from Nainwa to Borkhandi. In that behalf the appellant was entitled to receive Rs. 1,420/- from the complainant on account of transportation of 20 passengers more than the agreed number.

5. It is also not in dispute that the respondent had deposited a sum of Rs. 10,750/-. For transportation the 60 members of the marriage party the appellant was entitled to receive a sum of Rs. 4,300/-. The total amount to be received by the appellant from the respondent thus came to Rs. 5,720/- (4300 + 1420). In so far as the question of charge of Rs. 2,100/- by the appellant on account of over stay of the bus in village Nainwa the Forum has not found such fact true. We would, therefore, not allow such amount to the appellant. To conclude the appellant was entitled to receive Rs. 5,720/- only from the respondent complainant. Since the respondent had already deposited a sum of Rs. 10,750/-, he was entitled to the refund of Rs. 5,030/- only.

6. In view of the above the impugned order is modified to the extent that the respondent is entitled to receive a sum of Rs. 5,030/- on account of excess money deposited by him with the appellant and Rs. 100/- as costs of litigation. The aforesaid amount shall be paid by the appellant to the respondent within a period of two months, if not paid earlier, failing which the same would attract interest @ 12% p.a. till full and final payment. The appeal is partly