HC order directs transport authorities to rein in bus operators collecting excess fares

Coimbatore Consumer Cause has urged the district administration to comply with the latest High Court directive to Transport Commissioner and all transport officials to intensify checks on public transport buses to deter excess fare collection and take coercive action on violators.

The order was passed on the Public Interest Litigation filed before the High Court by Kathirmathiyon, secretary, Coimbatore Consumer Cause, against Home Secretary, Transport Commissioner, Transport Secretary and District Collector, Coimbatore, with a prayer to pass appropriate orders to the government to suspend/cancel the permit of the violators who collect fares in excess of the approved fares, under Section 86(1)(a) of the Motor Vehicles Act.

In Coimbatore alone, during the past nine years, more than 1,701 government buses (TNSTC) and 724 private buses were charged for collecting excess fare by RTOs, fine imposed by District Collector and paid by operators (TNSTC and private). Earlier the buses were fined upto ₹9,000 for excess fare collection.

In recent days, ₹3,000 penalty was imposed on private buses and ₹100 on TNSTC buses.

The buses paid the fine and continued to collect the excess fare from passengers. Collecting such paltry amount as fine was of no relief to the consumers who continued to pay the excess fare, the PIL said.

The fares are fixed by the authorities based on the permit issued route length of the permit and timings, and type of service.

The government had informed the Court that it proposed to increase the compounding fee to ₹15,000. The Court, however, observed that private operators and government transport corporations continued to collect excess fares and that the authorities concerned were required to take stringent steps to curb the menace of overcharging by the transport operators.

The order was issued by Madras High Court first bench of Justice Sanjay V. Gangapurwala, Chief Justice, and Justice D. Bharatha Chakaravarthy, Judge.

Mere levying of compounding fees would not be the only solution. The Act of 1988 and the Rules framed thereunder provided for suspension and/or cancellation of the permits also, the High Court order said.

A habitual erring transport operator overcharging the fare would not be deterred by only levying compounding fees, the High Court observed.

Regular checking in respect of the collection of excess fares by the transport operators should be the rule, the High Court said.