Peace Mass Transit Vehicles Turns Death Trap For Customers As Many Buses Are in Bad condition, Neglects Passengers Safety
One of the famous road transportation services company in Nigerian, Peace Mass Transit(PMT) Limited has recently been in the news for the worst things as passengers and some o their drivers complain of negligence of the company in keeping to the safety of passengers as most of their buses are not road worthy.
According to some of the drivers who claimed Anonymous over fear of victimisation said that the company don’t pay attention when they complain about the bad conditions of the vehicle rather force them to manage it.
On his experience on Tuesday 13th December 2022, our editor Izuchukwu A. C boarded a Peace Mass bus from Aba to Calabar in the morning, after purchasing a ticket for the trip on getting to the bus some of the passengers complaining that the sound of the car was not good when the driver drove it to the spot of loading. There in front of the passengers the driver grumbly admitted that he was supposed to work on vehicle that morning before the manager of the park insisted that he must use the vehicle with blown exhaust to convey passengers to Calabar, Cross River State.
When the passengers noticed the condition of the vehicle, they complained, on which they were told that if they don’t move with the vehicle that there would be no refund.
“ the 4hrs journey was the worst in my life as we were inhaling smoking from the busted exhaust and the fumes were greatly affected our eyes to the extent that the passengers begged the driver to stop the vehicle at some point in the journey so that they cam breathe. It an experience that will never take me to Peace Mass again.
After all the warning to the manager by the vehicle still broke do in the middle of no where leaving the passengers stranded.” He said.
Though most of the passengers didn’t have much of a choice than endure but this is what Nigerians go through on daily basis with transport companies and their managers.
The driver of the said vehicle though sympathetic with the passenger said he didn’t have much of a choice as he didn’t want to lose his job so he must have to comply with what the manager has ordered.
In a similar situation our reporter boarded a Peace Mass vehicle on Tuesday 6th of December, 2022 from Ibadan bus terminal going to Aba, according to him the bus stopped on the road for over four consecutive times for urgent repairs causing the vehicle to get to aba the next day. A journey that was esteemed to be 10 hours.
EFFECTS OF EXHAUST FUMES
Vehicle exhaust fumes can irritate the eyes and respiratory tract, and are a risk to health by breathing in. Carbon-fuelled engine fumes contain carbon monoxide, a poisonous gas. Prolonged exposure to diesel fumes, especially blue or black smoke, may lead to coughing and breathlessness. Long-term repeated exposure to diesel fumes over a period of about 20 years may increase the risk of lung cancer.
Exhaust fumes can quickly reach harmful concentrations, particularly from cold or intermittently run engines (when run indoors without exhaust ventilation). Don’t rely on catalytic converters to run engines safely indoors. They are less effective when exhaust gases are relatively cool, eg from vehicles idling for long periods or used intermittently for short periods. Catalytic converters do not remove toxic oxides of nitrogen.
Peace Mass Transit in April 2022 lost its legal battle in a matter bordering on refund of money to passengers for trips not undertaken.
This is following the setting aside of its “no refund policy” by an Enugu State High Court.
Truetells Nigeria reported that the policy is mostly used by service providers to prevent returning payments made to them by their clients/users.
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 judgement, which was delivered in Suit No: E/514/2021 was instituted by the Plaintiff, Patrick C. Chukwuma after the Defendant refused to refund his bus fare despite failing to convey him to his destination.
The incident that led to the suit occurred on the 10th of February, 2021, when the Plaintiff 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 returned to the 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 company 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.
In the action, the Plaintiff asked the court to determine a sole question which was “whether the Defendant’s policy of “no refund of money after payment” is in violation of Section 120 of the Federal Competition and Consumer Protection Act 2018 especially when the contractual obligation to convey the Plaintiff to his preferred location was terminated”.
The Plaintiff, represented by his lawyers, led by Barr. Tochukwu Odo, among other grounds, argued that the Federal Competition and Consumer Protection Act 2018 is the primary law on questions of consumer transaction in Nigeria and that by virtue of section 120 of the law, the consumer has a right to cancel any advance booking, reservation or order for any goods or services subject only to the deduction of a reasonable charge by the service provider
The Defendant through their counsel, Barr Titus Odo raised technical arguments on the jurisdiction of the court and mode of commencement of the suit.
But Hon. Justice C. O. Ajah of the Enugu High Court of Justice in his judgment, promptly dismissed the objections of the Defendant and upheld the arguments of the Plaintiff.
The Hon. Judge after a thorough analysis of the provisions of the Federal Competition and Consumer Protection Act 2018 vis a vis the conduct of the parties in the case decided that indeed the policy of no refund of money after payment is 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 thereafter made a declaration that the refusal of the Defendant to refund the Plaintiff the money paid for the transportation fee from Obollor-Afor to Enugu on 10/2/2021 is unlawful.
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.
Furthermore on a visit to one of the motor parks of Peace Mass Transit, the workers in the park still Threatens innocent passengers of no refund after payment.