Thursday 12 September 2013

Complaints about bus service

MGP had recently issued a press release asking the public of Mysore to sent it complaints regarding the city bus service. The response was very good and more than 80 complaints were received. MGP has forwarded to the Divisional Controller, KRSTC a summary of the problems classified into five priorities for convenience.
1. Frequency and Timing Problems: There are too few buses plying many routes which cover schools and colleges and are heavily patronized (Nos. 10, 72, 135 for example). There appear to be too many buses on some routes (such as 116) which can be redeployed on the needed routes. On the routes which have several buses plying, the bus schedules have to be strictly followed to avoid clustering of buses at the same time leading to long waits for the next bus.
2. Introduction of New Routes and Modification of Existing Routes: Some suggestions are: Central Bus Stand to Naidu Nagar via KR Hospital, CBS to Bogadi, circular route buses without going through CBS, buses plying the same route in the return direction also, Anand Nagar to CBS via CGHS hospital, rerouting more buses through Doctors' Corner in Gokulam 3rd Stage, Ekalavyanagar to Metagalli, circular routes in both directions connecting Railway Station, Suburban Bus Stand and CBS.
3. Enforcement of Official Bus-stops: This includes cases of buses not stopping at the designated stops (e.g. St. Philomena's College and Akshay Bhandar), irregular stops at the traffic intersections (e.g. near V.V. Puram Post Office), illegal stops and turns, violating one-way rule in the early/late hours of traffic, awkward parking at stops (e.g. SBS), blocking of regular bus stops by other vehicles and vendors (e.g. P.K. Sanatorium), blocking of traffic by up and down buses stopping next to each other (e.g. Surya Bakery).
4. Need for the Staff to be More People-friendly: There have been complaints of ill-treatment of senior citizens, not helping the ladies and senior citizens to get seats reserved for them, not issuing change, talking on cell phone or with other staff while driving, not using indicators while making turns, sudden braking and stopping in the middle of the road, changing the specified routes (e.g. 119 avoiding Doctors' Corner in Gokulam), etc.
5. Other Issues: There have been complaints about poorly maintained buses, buses with no destination boards or numbers on the side, no timetable at important bus-stops, nonworking electronic systems (ITS), stopping of buses for long durations at the stage ends to issue tickets, lack of good bus shelters at many places, too much delay in the arrival of relief bus at times of breakdown, etc. People have also complained that concessions are given to senior citizens in Volvo and other AC buses in Bengaluru, but the same facility is not available in Mysore. MGP has suggested that the 1st set of problems can be best solved by conducting periodic scientific surveys of the bus occupancy rates on all routes at various times of the day (including Sundays and holidays). This will help employing the right number of buses on a route and determining the best schedule. The public can also be surveyed periodically to find out if new routes are needed or if the service needs to be improved in any way, i.e., problem sets 2-5. MGP has also recommended that a complaint cell may be established in KSRTC with SMS and E-mail facilities to receive and redress the grievances of the public quickly on the lines of a system operating in the railways.
Prof. B.S. Shankara, Mysore Grahakara Parishat

Sunday 8 September 2013

Courier Service and Law

Courier industry is one of the fastest growing service sectors in India. Estimated to be growing at a rate of 25% per year, the private courier industry probably has more than 50% market share of the mail service. Here we discuss some legal aspects of the courier industry. 

Is Courier Service Legal?

Courier services are operating in India for decades. But according to Sec. 4 of the Indian Post Office Act, 1898, private parties can not convey letters. Conveying letters is a privilege reserved only for the government. Unsuccessful attempts have been made to update the antiquated law to permit private couriers, but as far as we can tell, Sec. 4 still stands and so strictly speaking, private courier systems are illegal!
If you have problems with a courier service, can you get legal redress? 
Even though the Indian Post Office Act prohibits private couriers, the parliament has passed a law, The Carriage by Road Act, 2007 which explicitly covers private couriers! TCRA fixes the liability of couriers if the material sent through couriers is lost or damaged or not delivered due to the negligence of the courier. In such cases, one can file a case in the civil court under TCRA and obtain compensation for the loss suffered. The consumer also has the option of filing a complaint before the consumer court under the Consumer Protection Act, 1986 and  get compensation in a speedy and inexpensive manner.  
It may appear that there is a problem with using the CPA and approaching the consumer courts. Sec. 14(1)(d) of the CPA allows compensation only for any loss due to the negligence of the opposite party. If the loss is not attributable to the negligence of the opposite party, you can not get compensation. According to Sec. 101 of the Indian Evidence Act, 1872, any person who approaches a court to give judgment on a liability dependent on the existence of facts, must prove that those facts exist. Therefore, if the consumer approaches the consumer court for compensation for the negligence of the courier, he must prove that the courier was negligent. The article you sent through a courier may be lost or damaged, but how can you prove that it was because of the NEGLIGENCE of the courier? This is not easy at all.  
Here is where The Carriage by Roads Act comes to help. According to Sec. 12 of the Act, in a complaint against the courier, it is not necessary for the plaintiff to prove the negligence of the courier. It is to be assumed that the loss, damage or nondelivery of the letter was due to the negligence of the courier unless the courier proves otherwise.  
Is there a limit on the compensation you can get? 
The conditions printed on the backside of the receipt given by the courier company usually include a statement limiting the liability of the courier to Rs. 100 in case of loss or damage. But if these conditions were not explained to you and you did not sign the consignment note, the conditions are not binding and the consumer court can award a higher compensation. A judgment of the National Consumer Commission (III 92003) CPJ 160 (NC)) can be quoted in your favour to obtain higher compensation.

M.Akarsh, Mysore Grahakara Parishat 

Wednesday 4 September 2013

Obituary- A R Venkatesan


Noted social worker, A.R. Venkatesan passed away in his Chamundipuram home Tuesday night after a brief illness. He was 77.
After retiring from Indian Information Service in 1994, A.R. Venkatesan settled down in Mysore and devoted his life to social service. He was an active member of numerous organizations, notably, Mysore Grahakara Parishat, Elder Citizens Council, People for Animals, Central Government Pensioners Association, and Mysore Lok Swaraj Andolan. As a coordinator of CPR Environmental Education Centre, Chennai, he organized more than 2,000 programmes all over South India including, environmental awareness lectures for school and college children, workshops for teachers and other professionals, seminars on environmental law, film shows, field trips for children, competitions about environmental awareness, etc. He initiated steps to save several "Devara Kaadu"s. He volunteered his service as traffic warden for several years. In addition to his work with organizations, he worked in his individual capacity for numerous charitable causes and for educating needy children. 
He leaves behind his wife, two children, two grandchildren and a host of relatives and friends. In his death, Mysore has lost a notable contributor to the society at large.