Coimbatore Consumer Voice rep. by its Secretary N. Logu v. State of Tamil Nadu rep. by its Secretary
2014-10-30
M.SATHYANARAYANAN, SANJAY KISHAN KAUL
body2014
DigiLaw.ai
Judgment Sanjay Kishan Kaul, J. A public interest litigation has been filed seeking directions against the first respondent/State of Tamil Nadu to fix a revised fare for contract carriage auto-rickshaws in Coimbatore District as per Clause (i) sub-section (1) of Section 67 of the Motor Vehicles Act, 1988 and to consider the guidelines prescribed by the petitioner in paragraph 7 of the affidavit. 2. In pursuance of the directions of this Court, compliance report has been filed stating that G.O.Ms.No.772, Home (Transport-III) Department, dated 16.10.2014, revising the fares for auto-rickshaws operating in Coimbatore as well as in other districts on a par with the rates already notified for Chennai Metropolitan area, as specified in G.O. Ms. No.611, Home (Transport-III) Department, dated 25.08.2013, has been issued and published in the Gazette (Extraordinary) on 16.10.2014. The revised fares from 16.10.2014 are as under: (i) Minimum charge for first 1.8 kilometers : Rs.25/- (ii) For each additional kilometer : Rs.12/- (iii) Detention Charges : Rs.3.50 for every five minutes. (iv) Night service charges (between : In addition to the 11.00 p.m. and 5.00 a.m.) total fare calculated at the above rate, an additional charge of 50% of the total fare. 3. The details have also been given of the total number of auto-rickshaws operating in Coimbatore District. It is stated that out of 10542 auto-rickshaws, 8825 are fitted with electronic fare meters, while 1717 vehicles are fitted with ordinary meters. 90 days have been granted to the vehicles' owners and drivers to replace the ordinary meters by electronic meters and to recalibrate the meters as per the revised rates. In the meantime, they have been instructed to display the conversion table indicating the revised fare structure corresponding to pre-revised fares in the auto-rickshaws for the information of the travelling public. 4. We have put to the learned Government Pleader that as the fuel prices have now been coming down, the revision of fares has become necessary and thus, periodical revision of the fares would take care of such situations. 5. We consider it appropriate to issue the following directions: (i) The aspect of revision of fares depending upon the price of fuel will be reviewed once in three months by the competent authority and necessary notifications be issued. (ii) The operational toll free numbers will be prescribed and given adequate publicity through media for complaints of the over-charging, etc.
5. We consider it appropriate to issue the following directions: (i) The aspect of revision of fares depending upon the price of fuel will be reviewed once in three months by the competent authority and necessary notifications be issued. (ii) The operational toll free numbers will be prescribed and given adequate publicity through media for complaints of the over-charging, etc. Such toll free numbers would be specified for each district. The toll free numbers will be directed to be prominently displayed specifying its purpose in each auto-rickshaw. (iii) It shall be ensured that the conversion table is prominently displayed in the auto-rickshaws. (iv) The name of the driver with his photograph as also the name of the owner with his photograph and address in both vernacular and English shall be prominently displayed in each auto-rickshaw at the back side of the driver seat so as to be easily readable by the passengers. (v) All complaints made on the toll free numbers or otherwise should be attended to promptly, not later than two days. (vi) A list should be maintained, where drivers/owners are found in default and for repeated offenders, more severe action shall be taken, including cancellation of licence. It would be appropriate to set down a limit in case of such repeated offenders, prescribing after how many defaults would the licence/permit be suspended/cancelled. (vii) Due intimation should be sent to each of the registered owners of the auto-rickshaws to ensure compliance. It shall be the responsibility of both the Regional Transport Authorities and the police authorities to ensure compliance. (viii) The above directions shall be implemented by the authorities concerned throughout the State of Tamil Nadu in the interest of general public. 6. The petition stands disposed of with the aforesaid directions. No costs.