9-hour journey on water soaked bus seat, Kerala man wins Rs 14,000 compensation

Seat ‘unfit’

The complainant said that he had booked an AC sleeper bus ticket from Kerala to Bengaluru, paying Rs 1,575. It was alleged that when he boarded the bus, he found the allotted sleeper seat completely wet and soaked with water. According to the complaint, the condition of the seat made it unusable and unhygienic. The complainant said he immediately informed the bus staff and requested another seat, but was allegedly told that the bus was full.

With no alternative mode of travel available, he was allegedly forced to continue the journey to Bengaluru, which lasted for more than nine hours. The passenger alleged that travelling for hours on the wet seat in an air-conditioned bus caused him physical discomfort, fatigue and mental distress. He also alleged that the bus staff behaved indifferently and humiliated him in front of other passengers.

Seeking refund and compensation, the complainant moved consumer commission. The private bus operator failed to appear before the commission despite notice hence the matter proceeded ex parte against it.

The commission relied on photographs and videos produced by the complainant showing that the seat was water-soaked and unfit for travel. It observed that a passenger who was constrained to travel in a soaked, unhygienic seat for 9 hours must have undergone severe mental stress.

The commission noted that the complainant had paid Rs 1,575 for the ticket expecting a reasonable standard of service and basic amenities during the journey. However, it found that the bus operator failed to provide even these basic facilities. In view of the deficiency in service, the commission held that the operator was liable to refund the ticket fare along with compensation and litigation costs. It accordingly directed the operator to refund Rs 1,575 and pay Rs 10,000 as compensation, in addition to Rs 3,000 litigation costs.

Takeaway

Passengers are entitled to the basic amenities promised as part of their journey. If a transport operator provides an unusable or unhygienic seat and fails to offer a reasonable alternative, it can amount to deficiency in service, making the operator liable to refund the fare and pay compensation.

For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.

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