Consumer commission asks CTU to refund pass fare during lockdown

Kumar's vide letter dated May 19, 2020, followed by reminders through e-mails, requested CTU to refund him the bus pass charges of Rs 1,860 for two months.

So, charges of bus pass for two months, already paid in advance, remained unutilised as the CTU did not provide any service during that period, says the complaint. (File Photo)

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A state consumer complaints commission dismissed an appeal of Chandigarh Transport Undertaking (CTU) and upheld the order of lower commission, directing the CTU to refund the bus pass fare of a consumer for two months during the period of lockdown in 2020.

Ashish Kumar from Chandigarh had complained to the District Commission that he obtained a bus pass from CTU for a period of three months valid from February 23, 2020 to May 22, 2020, on payment of necessary charges. However, due to imposition of Janta curfew on March 22, and then the nationwide lockdown by the central government up to May 31, there was no operation of CTU buses till May 2020.

So, charges of bus pass for two months, already paid in advance, remained unutilised as the CTU did not provide any service during that period, the complaint added. Accordingly, Kumar vide letter dated May 19, 2020, followed by reminders through e-mails, requested CTU to refund him the bus pass charges of Rs 1,860 for two months.

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However, CTU neither responded to the complainant, nor refunded the demanded amount. A consumer complaint was filed before the lower commission, alleging deficiency in service and unfair trade practice on the part of the CTU. The District (Lower) Commission allowed the complaint of Kumar, and directed to refund the balance pass fare of two months to the complainant.

Filing an appeal against the lower court order, the CTU told the Consumer Disputes Redressal Commission of Chandigarh that there was neither deficiency in service nor any negligence on their part as during the said period, the buses of the CTU could not be operated due to the lockdown.

However, on resumption of the bus services with 50 per cent capacity, opportunity to general public as well as complainant was given by publishing public notice in various newspapers to compensate the passengers for renewal of their bus passes, but the complainant failed to exercise the said option, and thus was himself negligent for not getting renewed his bus pass and therefore, there was no occasion to refund the amount of fare, the CTU added in its appeal.

The state commission after hearing the matter said, “when transportation services had not been provided to the complainant during lockdown due to non-operation of buses, then such amount of advance money which was paid to the CTU needs to be refunded to the complainant.”