Kerala teacher wins ₹1.5 lakh compensation after toilet denial at Pathanamthitta petrol pump | File Photo
A Kerala-based teacher has won a case she filed against a petrol pump station after being denied access to its toilet. The Pathanamthitta District Consumer Disputes Redressal Commission in Kerala passed a verdict in favor of the 55-year-old teacher, directing the dealer to pay compensation of Rs 1.5 lakh for the insensitive behavior shown towards her.
The commission also ordered the dealer to pay the amount with 10 percent interest from 2024. Additionally, the dealer has been directed to pay Rs 15,000 towards her litigation charges.
In its order, the commission held, “The act of the petrol pump dealer, Fathima Hanna, in refusing customers access to basic statutory facilities available at the petrol pump—after having obtained a license from the government—is a clear case of unfair trade practice and deficiency in service. In our considered view, the complainant must have been severely aggrieved by the lapses on the part of the first opposite party. The dealer’s refusal to allow the complainant to use the toilet, and the unresponsive attitude of the first opposite party( dealer) towards the complainant’s urgent need, amounts to grave negligence. We believe this act definitely caused severe inconvenience, mental agony, and loss of time and money to the complainant. This amounts to a grave deficiency in service and an unfair trade practice.”
Explaining the primary and mandatory facilities that a petrol pump dealer is required to provide to consumers, the commission stated in its order “Mandatory facilities that every petrol pump must provide free of charge include tyre inflation, drinking water, a suggestion/complaint book, the telephone number of oil company personnel, a first aid box, a toilet, safety equipment, etc. A person’s basic need to use a toilet or restroom cannot be denied by the pump owner. From the evidence on record, it is clear that the complainant reached the opposite party’s pump to refuel her vehicle at around 8:30 p.m. Those who travel long distances depend on toilet facilities at petrol pumps. Since maintaining a clean and functional toilet is a statutory requirement, the opposite party should have ensured that the facility was usable. However, in this case, the pump, which was duty-bound to provide such basic amenities to customers entering its premises for fuelling, had locked the existing toilet and refused to open it despite the complainant’s request.”
Jayakumary C.L., a resident of Ezhamkulam, Parakode, filed the complaint on May 21, 2024. She had been traveling from Kasargod to her hometown, Pathanamthitta, on May 8, 2024, in her private car. She stopped at Thenankalil Petroleum Fuel Pump to refuel and urgently needed to use the toilet. After refueling, she rushed to the toilet, only to find it locked. When she asked the staff, they refused to allow her access and informed her that the manager had locked the toilet for customers. They claimed it was out of order and not in a usable condition.
Jayakumary attempted to contact both the manager and the dealer, but neither responded to her calls. In desperation, she pleaded with the staff to reconsider, but they remained unyielding and showed no empathy toward her basic human need. Eventually, she called the Kerala Police, who intervened and forcefully opened the toilet, which was found to be clean and usable.
In response to the complaint, the dealer of Thenankalil Petroleum Fuel Pump claimed the toilet had a severe sewage issue, which justified keeping it locked. However, the commission rejected this explanation and directed the dealer to compensate the woman for the hardship she faced.
