PATHANAMTHITTA: What can a woman do if someone denies her access to a public toilet? Such a situation led C L Jayakumari, a school teacher from Pathanamthitta, to initiate a legal fight that lasted nearly a year, resulting in a significant verdict by the Consumer Disputes Redressal Commission.
In a landmark verdict, the commission imposed a fine of Rs 1.65 lakh, including court expenses of Rs 15,000, on a petrol pump owner.
Jayakumari’s ordeal began last May when she stopped at a petrol pump in Payyoli, Kozhikode, to refuel. As her car was being filled up, she requested access to the restroom, only to find it locked. Initially, she was told that the toilet isn’t functional. Later, employees admitted that the manager had locked up the toilet and that they didn’t have the keys. Some male staffer even responded rudely to her repeated requests.
“I was exhausted and struggling to even walk. Apart from not helping a woman in an emergency, the staff behaved arrogantly. It was humiliating. At least they could have directed me to the nearest available facility,” she said.
Emotionally and physically drained, Jayakumari decided to approach police. Officers from the local Payyoli station responded on receiving her call, intervened in the issue, and forced the pump staff to open the restroom.
Refusing to let the issue rest, Jayakumari decided to take the matter to the consumer court.
10-month-long fight
The Pathanamthitta Consumer Disputes Redressal Commission, comprising president George Baby and member Nishad Thankappan, heard her case and initiated a probe, issuing a notice to the pump owner.
During the hearing, Jayakumari argued on her behalf. “I was unaware of court procedures. I appeared without any advocate. Every time, I asked the staff there about the subsequent steps. They explained the legal procedures. I prepared myself and explained my bitter experience,” she said.
After nearly a dozen hearings that lasted almost ten months, the panel ruled in her favour.
“We are of the opinion that the act of the first opposite party might have definitely caused severe inconvenience, mental agony, time loss and monetary loss to the complainant ...the said act of opposite party is tantamount to grave deficiency in service and unfair trade practice,” the commission said in its order.
Jayakumari said she was happy that her efforts had resulted in a significant ruling. “This is for every woman who faces similar situations. It also serves as a victory for consumer rights and a reminder of the impact of individual action in promoting positive change,” she said.
Every petrol pump must provide free of charge facilities for tyre inflation, drinking water, suggestion/complaint book, telephone number of oil company personnel, first aid box, access to toilet, safety equipment, etc, the commission said.
“Maintaining a clean and working toilet at petrol pumps is a statutory requirement,” it said.