Giving his ruling on a complaint filed by Silbi Mathew of Vellthooval panchayat in Idukki district, forum president K A Abdul Salam said under the Motor Vehicles (MV) Act, it was the conductor's responsibility to ensure safe and comfortable journey to all passengers.

This was part of the service required to be rendered by the bus owner to the passenger, who pays for the journey. The passenger, the court ruled, was a consumer.

In this instance, despite complaints from a section of passengers, the conductor had failed to prevent a few other co-passengers from smoking inside a moving bus. The services were deficient so as to attract the Consumer Protection Act,he said.

The amount had to be paid by them within a month, failing which, the forum said, 12 per cent interest would have to be paid to the complainant.

According to the complainant, he had boarded a private bus on July 14 last year from Nellimattom to Adimali. Following a blockade in the normal route, the bus took a different route. When the vehicle reached Neriyamangalam, several passengers started smoking inside the bus. Since it was raining and windows had been pulled shut, the smoke that gathered inside started suffocating the passengers.

The complainant said despite his repeated requests, the conductor did not prevent the smokers. The complainant said he had to cut his journey short near the Neriyamangalam forests and was forced to proceed home by another vehicle after waiting for over two hours in the rainy night.

Shaken by the experience, the complainant moved court seeking compensation for his mental agony and also prayed that the authorities be alerted against such practices.

The forumheld that regulations prohibiting smoking in buses were not being enforced by authorities and directed that copies of the order be sent to the Idukki district collector, Road Transport Office and Superintendent of Police.