…To pay the sum of N500,000 as damages to the Plaintiff
By Simeon OSAJIE
Peace Mass Transit Limited has lost its legal battle in a matter bordering on refund of money to passengers for trips not undertaken.
The incident that led to the suit occurred on the 10th February, 2021, when the Plaintiff, Patrick C. Chukwuma purchased a ticket from the Obollor-Afor branch of Peace Mass Transit Limited to convey him to Enugu.
Following a two hours delay occasioned by the absence of passengers, the Plaintiff approached the company’s ticketing office and asked for a refund of the N500 he paid as the transportation fare.
However, staff of the Defendant refused to refund the money, insisting that their policy was that money paid for transport fare cannot be returned to the passenger and citing the statement written on their ticket to that effect as conclusive proof of their position.
When the Plaintiff tried to explain to them that their policy was unlawful, as the law mandates them to refund fares for services that have not been provided they retorted in a rude manner, prompting the learned counsel to leave their park and seek alternative means of traveling back to Enugu.
A letter written by the lawyer to the Peace Mass Group of companies demanding an apology and refund was neglected, prompting the lawyers law firm to institute the action.
Delivering its judgement, the Court through Hon. Justice C.O. Ajah declared the no refund policy as illegal, null and void in light of the provisions of Sections 120, 104, 129 (1) (a) and (b) (iii) of the Federal Competition and Consumer Protection Act, 2018.
The court further ordered the Defendant to pay the sum of N500,000 as damages to the Plaintiff.
Meanwhile, many Nigerians have been reacting to the judgment, describing it as an end to impunity among service providers.
Source: Coal city connect.