If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma recently shared a distressing experience involving bus aggregator platforms SwiftRide and GoJourney. While attempting to travel with his family from Devgarh to Pratapur, they endured a series of severe service failures. Over just a couple of days, their journey was marred by more than four consecutive bus cancellations, leaving them stranded late at night in adverse weather conditions. They were forced to wait in the pouring rain with valuable belongings, including jewellery, electronics, and cash, facing significant risks to their health and safety.

The ordeal was compounded by a complete breakdown in communication from the bus operators. The crew members’ phones were often switched off, making them unreachable at critical moments. The family had to navigate unfamiliar and unsafe areas at midnight, searching for buses that were parked far from the designated boarding points. To make matters worse, cancellation notifications were sent hours after the scheduled departure, following long, anxious waits. During one of the attempted journeys, Mr. Sharma’s wife and sister faced harassment when their reserved seats were occupied by other passengers, and the bus crew refused to intervene or resolve the situation. Despite raising multiple support tickets, the companies closed them without offering a proper resolution, providing only partial wallet credits instead of full refunds for the extreme inconvenience and trauma caused. This case highlights a severe deficiency in service and a disregard for passenger safety, particularly for women and children.

Advice in such cases

When you face such gross negligence from a service provider, it is crucial to act methodically to protect your rights.

• Document Everything: Keep a meticulous record of all communications. This includes booking confirmations, tickets, screenshots of cancellation messages, call logs, and any emails or chat transcripts with customer support. If possible, take photos or videos of the conditions you were subjected to.
• Communicate Formally: While initial contact might be through a customer helpline, ensure you follow up with a formal complaint via email. This creates a written record of your grievance and the company’s response (or lack thereof).
• Send a Legal Notice: Before approaching a consumer court, it is advisable to have a lawyer send a formal legal notice to the company’s registered office. This notice details the deficiency in service, the suffering caused, and the compensation you are demanding. Often, a strong legal notice can prompt the company to offer a fair settlement.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legal framework governing such disputes is the Consumer Protection Act, 2019. Key concepts include:

• Deficiency in Service: As defined under Section 2(11) of the Act, this refers to any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Multiple cancellations, failure to provide a safe boarding environment, and unresponsive staff clearly fall under this category.
• Unfair Trade Practice: Section 2(47) covers practices that are deceptive or unfair to consumers. Closing support tickets without resolution or offering only partial credits instead of a full refund for a service not rendered properly could be considered an unfair trade practice.
• Product Liability (for aggregators): The 2019 Act introduced provisions holding product sellers and service providers, including electronic service providers (aggregators like SwiftRide), liable for defects in services.
• Bharatiya Nyaya Sanhita (BNS): If the incident involves harassment, especially of women, provisions of the BNS could be invoked. For instance, acts intended to outrage the modesty of a woman (Section 79, BNS) are a criminal offense, and a separate police complaint can be filed.

If you are the complainant

If you decide to take legal action as the complainant, follow these steps:

• Gather All Evidence: Systematically organize all the documents, screenshots, and records you have collected.
• Draft a Complaint: Prepare a detailed complaint outlining the sequence of events, the specific failures of the service provider, the resulting hardship (mental, physical, and financial), and the relief you are seeking (refund, compensation, etc.).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File in the Appropriate Forum: File the complaint with the Consumer Disputes Redressal Commission. The jurisdiction depends on the value of the claim:
  • District Commission: For claims up to ₹50 lakhs.
  • State Commission: For claims between ₹50 lakhs and ₹2 crores.
  • National Commission: For claims exceeding ₹2 crores.

If you are the victim

If you find yourself in the middle of such a situation, your immediate actions are crucial:

• Prioritize Safety: Your first priority is your safety and that of your family. If the designated boarding point is unsafe, dark, or isolated, move to a well-lit, public area.
• Inform the Police: If you feel threatened or are facing harassment, do not hesitate to call the police emergency helpline (112). Explain the situation, your location, and the nature of the threat. Their presence can de-escalate the situation and create an official record.
• Document in Real-Time: Use your phone to take pictures or record videos of the surroundings, the bus (if it arrives), and any interactions with the staff. Note down the names of any staff you interact with and the vehicle registration number.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police response can vary depending on how the issue is framed. If you report a “deficiency in service” (like a bus cancellation), they will likely advise you that it is a civil matter and direct you to the consumer court, as it falls outside their primary criminal jurisdiction. However, if your complaint includes elements of a criminal offense, such as harassment, intimidation, or actions endangering your safety, the police are obligated to take action. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), they must register a First Information Report (FIR) if the information discloses a cognizable offense. It is important to be clear and specific about any criminal acts when speaking to the police.

FAQs people normally have

Can I sue the aggregator (like SwiftRide) and the bus operator?
Yes. You can and should name both the aggregator and the actual bus operator as parties in your complaint. The aggregator is the platform through which you availed the service and is liable for the quality of service promised. The bus operator is directly responsible for the operational failures.

What compensation can I claim?
You can claim a full refund of the ticket price, compensation for the mental agony and physical harassment suffered, reimbursement for any additional expenses incurred (like alternative travel), and litigation costs.

Do I need a lawyer for the consumer court?
While the Consumer Protection Act allows consumers to represent themselves, engaging a lawyer is highly recommended. A lawyer can draft the complaint professionally, present the evidence effectively, and navigate the legal procedures, significantly increasing your chances of a favourable outcome.

What evidence is required?

Strong evidence is the backbone of a successful consumer complaint. You should collect:

• Digital or physical copies of the bus tickets and booking confirmations.
• Screenshots of the cancellation alerts received via SMS or app notifications.
• Call records showing your attempts to contact the bus crew or customer care.
• All email and chat correspondence with the aggregator or bus operator.
• Photos or videos of the unsafe waiting conditions or the state of the bus.
• If applicable, receipts for any alternative transportation or accommodation you had to arrange.
• Names and contact details of any co-passengers who witnessed the events and are willing to testify.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a swift resolution process. The goal is to decide a case within three months of the date of receipt of notice by the opposite party, or within five months if the case requires laboratory testing. However, in practice, the timeline can be longer depending on the caseload of the specific consumer commission, the complexity of the case, and the tactics employed by the opposite party. A well-documented case presented by a competent lawyer can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India