Passenger Transport Operator Must Provide Roadworthy Vehicle, Render Service With Reasonable Care: Kerala Consumer Commission
Pranav B Prem
The District Consumer Disputes Redressal Commission, Ernakulam has awarded compensation to two consumers who were compelled to hire a taxi to reach their examination centre after the bus they were travelling in was delayed due to repeated breakdowns and stoppage at a check post over alleged tax arrears. The Bench comprising D.B. Binu (President), V. Ramachandran, and Sreevidhia T.N. held that a passenger transport operator is under a duty to render service with reasonable care and to provide a roadworthy vehicle.
The Commission observed that “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.” The complainants, a married couple from Ernakulam, had applied for the post of Scientist in NIELIT under the Ministry of Electronics & Information Technology. The second complainant was required to appear for a written examination at 8:45 a.m. in Bengaluru. To reach the examination centre on time, the complainants booked two bus tickets with the opposite party for travel from Kochi on the night of 20 May 2023, with scheduled arrival at Bengaluru at 6:00 a.m. the next morning. The total fare paid was ₹3,174.
However, during the journey, the bus suffered repeated disruptions. There was a tyre burst near Palakkad, followed by stoppage at the Walayar check post due to alleged non-payment of vehicle tax arrears. The bus also encountered further breakdowns before reaching Coimbatore. As a result of these delays, the complainants were forced to arrange alternate travel and hired a taxi from Coimbatore to Bengaluru, incurring an additional expense of ₹14,000 to reach the examination centre on time.
The complainants approached the transport operator seeking refund and compensation, but no relief was granted. They then filed a complaint before the Consumer Commission alleging deficiency in service and seeking appropriate relief. The opposite party did not appear before the Commission despite service of notice and was set ex parte. The Commission therefore considered the evidence produced by the complainants, including travel tickets, tracking records, taxi payment receipt, and communications with the operator.
On examining the materials on record, the Commission found that the repeated breakdowns, lack of tools for tyre replacement, stoppage at the check post, and overall delay demonstrated that the service was not rendered with reasonable care and diligence. It held that the complainants had suffered financial loss, inconvenience, and mental agony as a direct consequence of the deficient service.
Accordingly, the Commission partly allowed the complaint and directed the opposite party to refund the ticket fare of ₹3,174, reimburse the taxi charges of ₹14,000, and pay ₹25,000 as compensation for mental agony, hardship, inconvenience, and financial loss. An additional sum of ₹5,000 was awarded towards litigation costs. The Commission directed the transport operator to comply with the order within 45 days, failing which the amounts would carry interest at 9% per annum from the date of filing of the complaint till realisation.
Cause Title: Anil Baby and Anr. v. Sri Vinayaka Travels
Case No: CC.No. 385 of 2023
Coram: D.B. Binu (President), V. Ramachandran and Sreevidhia T.N
