Journalism of Courage
41-seater bus ‘overcrowded’ with 96 passengers, man wins Rs 15,000 payout
The District Consumer Disputes Redressal Commission Kakinada observed that permitting travel of 96 passengers in a vehicle authorised for 41 passengers amounts not merely to inconvenience but also constitutes a breach of statutory duty
The complainant alleged that he had to deboard the bus due to overcrowding. (Image generated using AI)
A consumer commission in Andhra Pradesh has directed the State Road Transport Corporation (APSRTC) to pay Rs 15,000 to a passenger who allegedly had to deboard after boarding an overcrowded bus carrying 96 passengers despite having a seating capacity of only 41.
President Raghupathy Vasantha Kumar and member Chaganti Nageswara Rao rejected APSRTC’s argument attributing the heavy rush to the State government’s “Stree Shakti” scheme, which provides free bus travel to women.
“The burden of implementation of a welfare measure cannot be shifted onto fare-paying passengers by compelling them to travel in overcrowded and unsafe conditions. Both beneficiaries of welfare schemes and fare-paying passengers are entitled to safe, dignified and lawful transportation,” the commission held.
It also noted that the evidence clearly proved the issuance of 96 tickets against a capacity of 41 passengers, failure to regulate boarding, failure to provide alternative transport, failure to ensure safe and comfortable travel, and violation of statutory obligations and permit conditions.
‘Overcrowded bus’
The complainant stated that he had purchased a ticket to travel from Kakinada to Vadapalli on an APSRTC bus. He alleged that after boarding the bus, he found it “grossly overcrowded”, with 96 passengers travelling in a bus whose registered seating capacity was only 41. He further stated that, unable to even stand comfortably, he got down eventually after travelling for about 20 minutes and returned to Kakinada in an auto-rickshaw, incurring additional expenses.
The complainant relied on information obtained under the Right to Information Act, which confirmed that 96 tickets had been issued for the bus. He argued that APSRTC had violated Section 194A of the Motor Vehicles Act by carrying passengers far beyond the authorised capacity and had provided deficient service despite collecting the full fare.
APSRTC in its defence stated that the heavy rush was due to the State government’s “Stree Shakti” scheme, which provides free bus travel to women. It contended that passengers voluntarily boarded the bus despite repeated requests from staff to wait for later services and argued that there is no prohibition on carrying standing passengers.
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The commission observed that permitting travel of 96 passengers in a vehicle authorised for 41 passengers amounts not merely to inconvenience but also constitutes a breach of statutory duty and a serious lapse affecting passenger safety. It added that a passenger who purchases a valid ticket is entitled not merely to transportation but also to safe carriage.
The commission observed that APSRTC was fully aware that the implementation of the scheme would lead to a significant increase in passenger traffic. Once this increase became foreseeable, it said, the responsibility lay with the transport authorities and the government to proportionately augment transport infrastructure, increase the fleet strength, deploy additional buses and ensure compliance with statutory safety norms.
“A public transport system that accommodates additional beneficiaries must simultaneously enhance its capacity so that no consumer, whether travelling free of cost or upon payment of fare, is subjected to unsafe, overcrowded or undignified travel conditions,” it said.
The commission therefore directed APSRTC to discontinue the practice of permitting passengers beyond authorised capacity, strictly comply with Section 194A of the Motor Vehicles Act, issue operational instructions to depot managers, drivers and conductors, and periodically monitor passenger occupancy while deploying additional services wherever recurring overcrowding is noticed.
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It also directed APSRTC to refund the complainant’s bus fare of Rs 85 and pay Rs 10,000 as compensation and Rs 5,000 towards litigation costs.
Takeaway
Consumer commissions can hold public transport corporations liable for overcrowding buses, with passenger safety taking precedence over operational constraints or welfare schemes.
For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Andhra Pradesh: 0866–2551431) or call the National Consumer Helpline at 1915 for assistance.
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