Passenger Transport Operator Has Duty To Provide Roadworthy Vehicle, Render Service With Reasonable Care: Kerala Consumer Commission

The District Consumer Disputes Redressal Commission, Ernakulam recently awarded compensation to two consumers, who were forced to hire taxi to reach their examination centre after the bus they were travelling in was delayed due to repeated breakdowns and stoppage at check posts for alleged tax arrears.The Bench of D.B. Binu (President), V. Ramachandran and Sreevidhia T.N. held that a passenger transport operator has the duty to render service with reasonable care. It observed:“A passenger transport operator is under a clear duty to provide a roadworthy vehicle and render the service with reasonable care and diligence. Failure to maintain roadworthiness and operational readiness, resulting in inordinate delay and compelling passengers to incur additional expenditure, squarely amounts to deficiency in service under Section 2(11) of the Act, and also reflects negligence in rendering the service.”A married couple from Ernakulam had applied for the post of Scientist in NIELIT under the Ministry of Electronics & Information Technology and was directed to appear for written examination at 8:45 am in Bangalore.They booked two bus tickets at Rs. 3,174/- with the opposite party bus services for arriving early morning in Bangalore on the date of the exam. However, the journey to Bangalore was disrupted many times due to burst tyre, stoppage at check-post for alleged non-payment of vehicle tax and repeated breakdowns before reaching Coimbatore.Anticipating delay in reaching the destination on time, the complainants hired a taxi from Coimbatore to Bangalore and had to spend Rs. 14,000/- to reach the exam centre on time. They made representations before the opposite party for refund but to no avail. Subsequently, they came before the Consumer Commission alleging deficiency in service and seeking relief.The opposite party was set ex parte after the notice issued was returned with the endorsement “unclaimed”.The Commission found that the complainants were consumers as per the Consumer Protection Act since they hired the transport service of the Opposite Party for a consideration. Further, it held that the repeated delays caused due to breakdowns, lack of basic preparedness evidenced by absence of tools for tyre replacement and stoppage at check post due to alleged tax arrears clearly show that the service was not rendered with reasonable care and diligence.Finding deficiency of service on the opposite party, the Commission ordered it to refund of ticket fare of Rs. 3,174/-, and reimbursement of Rs. 14,000/- incurred as taxi charges. It also directed the payment of compensation of Rs 25,000/- for the mental agony, hardship and inconvenience caused. A further amount of Rs. 5,000/- was awarded as costs of the proceedings.Case No: CC.No. 385 of 2023Case Title: Anil Baby and Anr. v. Sri Vinayaka TravelsCounsel for the complaint: Tom JosephClick to Read/Download Order

Passenger Transport Operator Has Duty To Provide Roadworthy Vehicle, Render Service With Reasonable Care: Kerala Consumer Commission

K. Salma Jennath

Tags