Bus Company Dan Fined for Repeatedly Skipping Passenger's Stop
A regular commuter, Meir Cohen, has won a partial victory against the bus company Dan after a small claims court in Petah Tikva ordered the company to pay him 3,000 shekels in compensation. Cohen had sued Dan for 30,000 shekels after experiencing at least seven instances over three months where buses on route 82 failed to stop for him at the Jabotinsky/HaYetzira station in Petah Tikva, despite him signaling the driver.
Cohen meticulously documented these incidents, even boarding other buses to record the license plates of those that bypassed his stop. He also filed seven complaints with the National Public Transport Authority, which confirmed in writing that some of his complaints were being forwarded for administrative enforcement action based on Dan's performance data. The court viewed these official responses as objective support for Cohen's claims.
Dan argued that Cohen failed to prove he was at the station for each incident and accused him of bad faith for approaching the transport authority instead of the company directly. The court dismissed these arguments, stating there was no basis for them and that it is perfectly acceptable for a passenger to contact the regulatory body. Dan's claim that Cohen should have taken a taxi to mitigate his damages was also rejected, with the court noting that passengers are not obligated to incur taxi fares every time a bus fails to stop.
While the court acknowledged the validity of Cohen's complaints regarding the service failures, it did not award the full amount he sought, stating the compensation should not function as a penalty and that Cohen had not proven specific financial damages. However, the judge recognized the significant inconvenience, lost time, and disruption caused by the repeated incidents, especially given Cohen's estimate of a 20-minute delay each time. In addition to the 3,000 shekels for distress and wasted time, Dan was ordered to reimburse Cohen for his 300 shekel court filing fee.
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