Kerala woman misses hospital visit due to ‘6-hour halt’, bus operator to pay her Rs 22,000

The complainant claimed that the bus which was scheduled to reach Bengaluru at 6:30 am eventually arrived at 2 pm.

Bus case consumer court hospitalThe complainant alleged that the bus remained stranded for around six hours in a forest area near Thirunelli. (Image generated using AI)

A consumer commission in Kerala has directed a bus operator to refund a passenger’s ticket fare of Rs 2,849 and pay Rs 20,000 as compensation after she missed a scheduled appointment for tumour treatment due to an alleged six-hour halt during the journey.

President Priya S and member V Balakrishnan observed that the complainant’s case regarding deficiency of service and unfair trade practices stood proved in the absence of reply or evidence by the opposite party.

“Undoubtedly, the complainant was put to mental agony, hardship and inconvenience due to the unfair trade practice and deficiency of service of the opposite party, for which, she is entitled to be compensated adequately. We are of the view that a sum of Rs 20,000 will be reasonable compensation in this case,” the order read.

Case

The complainant stated that she, along with her father and son, had booked tickets from Perambra to Bengaluru to attend an appointment at a hospital scheduled for 10 am the following day. The complainant alleged that during the journey, the bus driver was driving negligently and was under the influence of alcohol. She alleged that the driver later slept, following which the vehicle was driven by the helper. The bus subsequently remained stranded for around six hours in a forest area near Thirunelli, after which police took the driver and helper into custody, the order recorded.

The bus, which was scheduled to reach Bengaluru at 6:30 am, eventually arrived at 2 pm after another driver arrived. According to the complainant, since the next appointment was available only on Thursday, she and her father had to stay in Bengaluru until Thursday, thereby allegedly incurring additional expenses.

The bus operator did not appear before the commission and was proceeded against ex parte. The commission relied on the complainant’s testimony, the bus ticket, proof of her hospital treatment and a video clip of the incident.

“The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim,” the commission noted.

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The commission held the bus operator liable for deficiency in service an unfair trade practice and directed it to refund the ticket fare of Rs 2,849 and pay Rs 20,000 as compensation for the inconvenience, hardship and mental agony suffered by the complainant.

Takeaway

Bus operators can be held liable for deficiency in service when avoidable delays cause passengers to miss important medical appointments, with consumer commissions empowered to award compensation for the resulting inconvenience, hardship and mental agony.

For consumer-related grievances, individuals may 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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Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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