is consumer complaint is maintainable?

Sir, I think a consumer case is maintainable in this case for deficiency of service. But the only thing is, whether it was the duty of the driver or conductor to change the tyres themselves, whether it was their duty to obtain fitness certificate before leaving the bus station etc..

The defense the bus service people can take is that they have tried their best to provide alternative solution.

In this situation your complaint is not maintainable as there is no negligency  on the part of the driver.

The conductor in reply the bus which carried the passengers should return back to the same destination for the purpose of renewal of fitness certificate in the morning (next day).

Thereafter he arranged anther bus of same category for the passengers. (so their is no negligence on the part of the driver as he has made his duty very well to give services) that alternate bus too got into trouble that the back wheel of the bus got punctured  NOW this is Act of God is a legal term for events outside of human control, such as sudden floods or other natural disasters, for which no one can be held responsible. And the driver or the bus service is not responsible for that. Thereafter the complainant  spend his own money and reached his destination from that place

And the court cannot decide that their is a conducter or driver duty to change the tyers as normally sotuation they change the tyres  but in some situation they have to repair the tyers so their is no rule and here they have perform his duty .

Hello sir,

                  Yes the case is maintainable but wholly depends on your efficiency. You need to get all the necessary evidence saying that the complainants were travelling in the said bus, the register available and its entry should match your complaints and though they may claim defence of providing alternative remedy, the damage is done. They should have taken care of all those earlier itself, so no need to worry you'll succeed, provided it depends on the documents.

Regards,

Jayaprakash Narayan

1.issue a legal notice stating the facts

2. you can issue notice only to the concerned branch manager and it;s technical manager of corporation

3., within two years file the consumer complaint in tuticorin.

i agree depend upon your efficiency.  

what will you do?

if the corporation take the stand, prior to starting the bus, he informed all the passengers next day it will be going  for fc, alternative arrangements are done, thereafter he moved the bus.

The corporation is at total fault. Firstly, the bus is intended to reach the destination only next day. When the bus was to be returned next day for technical compliance, it ought not to have been pressed into service. Secondly, the passengers who were subjected to high risk and disturbance of journey at odd hours (midnight) is a highlight of all misery. The Corporation is vicariously liable for causing deficiency in service by its staff-members. Exception to the Rule is, of course, When the Bus is operated by taking passengers and in case of any technical failure/mechanical failure resulting in stoppage of bus all of a sudden and if any alternative arrangements are made by the crew for the benefit of the stranded passengers, then the Consumer Court will show its lenience. But your case is pucca and attracts the wrath of the Consumer Protection Act.

Definitely the matter is maintainable. The said act is covered under consumer protection act. Since you have paid the consideration and in return they have rendered services. You may sue the transport authorities for rendering deficient services and harassment