Published 12th Apr, 2022

By Daniel Ojukwu

Patrick Chukwuma, an Enugu-based lawyer, has told FIJ how he won a N500,000 damages claim against Peace Mass Transit Ltd. (PMS), a transport company, after they failed to refund his fare for a delayed trip.

On Thursday, Justice C. O. Ajah of the Enugu State High Court, ruled in Chukwuma’s favour, and mandated PMS to pay N500,000 to him as damages incurred.

His ordeal with the company began on February 2, 2021, when he purchased a N500 ticket from a PMS branch in Obollor-Afor, Udenu Local Government Area of Enugu State. His destination was Enugu, the state capital.

Two hours after, there were empty seats in the bus Chukwuma was now on, and as he was running late for his appointment. He got off the bus and requested a refund, but was told the company operated a no-refund policy, meaning he could not get his money back.

He argued the legality of the policy, but PMS staffers did not budge. What followed was a lawsuit five months later.

Chukwuma argued that section 120 of the Consumer Protection Act 2018 provides that customers can cancel bookings and companies may not demand charges if the service providers can get another customer to patronise them.

“A consumer shall have the right to cancel any advance booking, reservation or order for any goods or services, subject to a reasonable charge for cancellation of the order or reservation by the supplier or service provider.”
– Section 120 (1) Consumer Protection Act 2018

Nine months after the suit was filed, Chukwuma got justice, and opened the door for more scrutiny into a policy that is popular among Nigerian companies and brands.

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