State Consumer Commission Upholds Refund Of CTU Pass Fare For Lockdown Period
The State Consumer Complaints Commission in Chandigarh, consisting of Presiding Member Mrs. Padma Pandey and Member Preetinder Singh, has rejected an appeal filed by the Chandigarh Transport Undertaking (CTU) and affirmed the decision of the District Consumer Disputes Redressal Commission.In relation to the lockdown period in 2020, the Lower Commission had directed the CTU to refund...
The State Consumer Complaints Commission in Chandigarh, consisting of Presiding Member Mrs. Padma Pandey and Member Preetinder Singh, has rejected an appeal filed by the Chandigarh Transport Undertaking (CTU) and affirmed the decision of the District Consumer Disputes Redressal Commission.
In relation to the lockdown period in 2020, the Lower Commission had directed the CTU to refund the complainant the remaining bus pass fare for two months.
Brief Facts:
The complainant had filed a complaint in the Lower Commission stating that he had purchased a three-month bus pass from CTU, valid from February 23, 2020, to May 22, 2020, by paying the required charges. However, due to the implementation of the Janta curfew on March 22, followed by the nationwide lockdown imposed due to Covid-19 by the Central Government until May 31, CTU buses were not operational until May 2020.
As a result, the bus pass charges for two months, which he had already paid in advance, went unused since CTU did not provide any services during that period. The consumer sent a letter on May 19, 2020, and subsequent reminders via email, requesting a refund of Rs 1,860 for the two-month bus pass.
Despite the complainant's request for a refund and multiple reminders sent via email, the CTU did not respond or provide the demanded reimbursement. Consequently, the complainant lodged a Consumer Complaint, alleging both a deficiency in service and unfair trade practices on the part of the CTU.
The CTU contended that the complainant had used bus services starting from February 23, 2020. However, due to a nationwide lockdown imposed by the Government of India, the CTU bus services were non-operational from March 24, 2020, to May 20, 2020. However, on May 21, 2020, the CTU resumed bus services with 50% seating capacity. To accommodate passengers who had already obtained passes from the Sampark Centre, the CTU extended the validity of existing bus passes in proportion to the period of non-operation. However, the complainant neglected to exercise this option and failed to renew their bus pass, therefore, there was no obligation to refund the fare for the two-month period.
Observations of the Commission:
The State Commission did not find the arguments of CTU convincing as facts clearly showcased that no services were provided during the lockdown period, resulting in the non-utilization of the bus pass. In such a situation, the advance payment made by the complainant should be refunded.
Moreover, the Commission held that CTU cannot benefit from the notification issued on August 13, 2020, which extended the validity of existing bus passes in proportion to the non-operational period. It cannot impose this extended benefit on the complainant or any other consumer for a period that may not be suitable or required by them.
The State Commission upheld the Lower Commission's direction to refund the remaining fare for the two months to the complainant as justified. Therefore, leaving no valid reason to interfere with the findings of the Lower Commission.
Case: Chandigarh Transport Undertaking v Ashish Kumar