Ayesha Travels has to pay Rs 65000 to a passenger
The Coimbatore District Consumer Disputes Redressal Forum has ordered an omni bus operator to pay a compensation of Rs. 65,000 to a passenger who lost his luggage.The forum president, S.A. Sree Ramulu, P. Madhavi and K.Rathinam passed an order to this effect.J. Balasubramanian of Kovaipudur in a petition to the forum said that Ayesha Travels in which he was travelling on February 25, 2007 left for Thiruvananthapuram along with luggage without carrying him when he got down at Kallambalam to attend to nature’s call.He said the luggage costing Rs. 65,000 consisted of a suitcase with dress materials and a lap top. When he contacted the and Thiruvananthapuram office, he was told that the luggage would be kept safe.The bus driver too confirmed that the luggage was safe. But the cleaner of the bus, Sameer, went missing with the luggage.A complaint was lodged with the Thiruvananthapuram police in this regard. Mr. Balasubramanian said that the deficiency in service resulted in mental agony and monetary loss. When a legal notice was served on the bus operator, it failed to respond.The bus operator contended before the forum that the charges of the petitioner was not sustainable since the bus never used to stop at Kallambalam.It said that the safety of the luggage was the responsibility of the passenger and not that of the operator.
The terms and conditions had been clearly mentioned on the ticket overleaf. The forum observed that the terms and conditions could not be framed to its convenience and they should be in conformity with existing laws. Hence, passing on the responsibility for the luggage onto a passenger was not legally sustainable.The driver and conductor failed to ensure that all passengers boarded the bus before leaving Kallambalam. Such a deficiency in service resulted in mental agony, expenses for the petitioner.The forum asked the bus operator to pay Rs. 60,000 as compensation besides Rs. 4,000 towards mental agony suffered by the petitioner and Rs. 1,000 towards the cost of legal expenses within two months.Failing which the petitioner was at liberty to initiate further action under Sections 25 and 27 of the Consumer Protection Act.
