ORDER Justice P.N. Nag. J. (Retd.), President: ORAL : The appellant/complainant No.1 being minor is being represented by his father - the natural guardian, complainant No. 2 (hereinafter to be referred to as the complainant). Being aggrieved against the order of dismissal of his complaint, the appellant/ complainant has filed the present appeal. 2. The main grievance of the appellant/complainant is that the conductor of the respondent-Himachal Road Transport Corporation (hereinafter to be referred to as the HRTC) has over-Charged the fare while he was travelling in the Bus of HRTC from Dehra to Kangra Via Jawalamukhi. According to the complainant, the distance between Dehra and Kangra Via Jawalamukhi has been admitted by the HRTC as 42 kms. According to the Notification of the Transport Department, Government of Himachal Pradesh dated 19.7.1997 (Ex.C-2), the bus fare for one Km. for roads in Hills including tax, surcharge etc. has been prescribed as 49.23 paise and accordingly the fare which could have been charged by the HRTC should be paise 49.23 x 42 kms =Rs. 20.68 and by rounding off this figure, it should be Rs.21.00. 3. There is good deal of force in this submission. Having regard to the Notification dated 19.7.1997 which prescribes bus fare paise 49.23 per km. for roads in Hills, the fare which infact should have been charged,amounts to Rs.21.00. 4. The learned Counsel the respondents, however, relies upon a document issued by the Regional Manager, Himachal Road Transport Corporation, Nahan, H.P. (Annexure R-2) and according to him, the fare from Dehra to Kangra Via Jawalamukhi comes to Rs. 23.00 5. We are afraid we are unable to rely upon this document, as it has been issued by the Regional Manager, HRTC, Nahan without any authority and contrary to the terms of the Notification dated 19.7.1997 (Ex.C-2). It is regrettable that the HRTC is charging the fare in contravention of the terms of the Notification without application of mind. It is absolutely not clear how they have calculated the fare from Dehra to Kangra Via Jawalamukhi as Rs. 23/-.Apparently, the HRTC has over-charged Rs.4/- (for two tickets) which is required to be refunded immediately. 6. The next question that requires consideration is what compensation should be awarded against the respondents.
It is absolutely not clear how they have calculated the fare from Dehra to Kangra Via Jawalamukhi as Rs. 23/-.Apparently, the HRTC has over-charged Rs.4/- (for two tickets) which is required to be refunded immediately. 6. The next question that requires consideration is what compensation should be awarded against the respondents. We may notice from the table showing fare chargeable by the HRTC (Ex.R-2) which the respondents have relied upon, it appears that the HRTC is charging excess fare in contravention of the Notification dated 19.7.1997 issued by the Transport Department, Government of Himachal Pradesh. In such circumstances we award compensation of Rs.1000/- against the respondents Nos. 1 & 2. The respondents No. 1& 2 shall be liable to pay jointly and severally. The practice of charging higher fare in violation of the Notification of the Government is not permissible and such practice should be abandoned. 7. In the light of what is discussed above, the appeal is allowed and the order of the District Forum is set aside and that the respondents Nos. 1 & 2 are directed to refund Rs.4/- to the complainant within two weeks alongwith compensation of Rs. 1000/-. The respondent-HRTC shall also pay Rs.500/ as costs to the complainant. A copy of this order shall also be sent to the State Government for information and necessary action.