STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    U.T., CHANDIGARH 

Ashok Kumar Parjapat R/o Village  Mohlla,  District Hisar (Haryana)125042.  

                                                                            ….Appellant

                                                  Versus

1]     Director General, Haryana State Transport, 30 Bays            Building,         Sector 17, Chandigarh 160017.

2]    Financial Commissioner, Health Department, Haryana, New Secretariat, opposite Fire Station, Sector 17, Chandigarh      160017.

3]      Commissioner, Haryana State Transport, 30 Bays Building ,         Sector 17, Chandigarh

                                                           ……Respondents

             Appeal under Section 15 of the Consumer Protection Act,1986                against  order dated 25.01.2018 passed by District Consumer                       Disputes Redressal Forum-II, U. T. Chandigarh in C.C.No.No.                          908/2017..

Argued by:  Mr.Ashok Kumar, appellant in person.

                     Mr.Darshan Lal, Clerk on behalf of respondents No.1 & 3

                     None for respondent No.2 .

BEFORE:       JUSTICE JASBIR SINGH (RETD.), PRESIDENT

                        MR.DEV RAJ, MEMBER

                       MRS. PADMA PANDEY, MEMBER

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

                 Appellant/complainant  has filed this appeal against order dated 25.01.2018 passed by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’ only), partly allowing his complaint.

2.           Before the Forum, it was case of the complainant that he was travelling in a bus owned by State of Haryana. For his journey from Kaithal to Ambala, he was made to pay Rs.70/-  which was higher than the rate fixed.  It was further stated that during the said journey, driver of the bus when driving, was smoking and did not stop despite making request by the complainant. The driver smoke three times, due to which, the complainant felt uneasiness. He again made request to the driver not to smoke in a public place/transport but his request went unheeded. When his complaint to the authorities yield no result, he filed a consumer complaint before the Forum.   

3.          Upon notice, a joint reply was filed by OPs No.1 & 3/Respondents No.1 & 3 stating therein that on a complaint filed by the complainant, action was taken and after inquiry, a fine of Rs.200/- was imposed upon the said driver. Again on oral complaint made by the appellant/complainant that the driver was found smoking in the premises of Bus Stand Pehowa and Bus Stand Ambala, despite having imposed fine of Rs.200/-, he was again  charge-sheeted.  An enquiry officer was appointed and the complainant was asked to appear as witness to state the facts, however, he did not appear. 

4.              OP NO.2/Respondent No.2 filed a separate reply stating that all the statutory  provisions of the Cigarettes and other Tobacoo Products(Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Act,2003 (COPTA Act) are being implemented vigorously.  Directions have been issued to all the departments to implement the provisions of the COPTA Act strictly. 

5.             Both the parties led evidence. The Forum, on analysis of pleadings of the parties, documents on record, and the arguments addressed, partly allowed the complaint. 

                 By noting the facts and referring the judgment of Hon’ble Supreme Court of India in Murli S.Deora Vs Union of India, Writ Petition (Civil) 316 of 1999 decided on 2.11.2001, the Forum observed as under ;

“The Hon’ble Supreme Court with above observations, considering the harmful effect of smoking, prohibited smoking in public places and issued directions to the Union of India, State Governments as well as Union Territories to have effective steps to ensure prohibition of smoking in public places including public conveyances.

       It is high time that the General Manager, Haryana Roadways, to take strict action and issue directions to all supervisory staff in Haryana Roadways to brief the field staff especially the Drivers & Conductors to behave properly and desist from using tobacco & smoking in public places as well as in their Buses while on Duty.  The Supervisory Staff shall visit and check the Transport Vehicles/Public Buses under their supervision/control to discourage the trend prevailing in the field staff and report such misconduct to the higher authorities for strict action. 

      The driver of the Bus in question has been punished with fine of Rs.200/-, as such the imposition of any further cost or fine upon the same person/driver for the same fault/act, would amount to double jeopardy whereby one person cannot be punished twice for the same offence. 

      The complainant took the courage to crusade against social evil of smoking at public places, especially by the Drivers in Public Transport vehicles.  It is known fact that the Drivers, keep on smoking while sitting on wheels and drive the vehicle at the cost of public safety and life of innocent passengers.” 

 6.            Efforts made by the complainant in propagating a public cause were appreciated and accordingly it was ordered as under;

To meet the ends of justice and fair play, the complainant if allowed to sit in the District Removal of Grievances Committee as well as District Tobacco Control Cell, to enable him to highlight these problems there at, before the Administrative Authorities, shall facilitate quick remedy and implementation of reformatory measures. 

         The copy of this order be sent to the District Magistrate, Panchkula & Civil Surgeon, Panchkula, for intimation and inviting the complainant on each sitting of the District Level Committees on eradication of Smoking & Tobacco.

It was directed to the authorities that the complainant be allowed to sit in the committees, referred to above, and his views be heard on the issue, in question.   

7.              During pendency of this appeal, on our asking, action taken report alongwith copies of some documents were placed on record on behalf of the respondents. Perusal thereof indicates that the Government is taking action against those who were violating the   provisions of  the COPTA Act. We also appreciate  the efforts made by the appellant/complainant and are hopeful that during meetings of the committees, referred to above,  he will give his valuable suggestions. If invitation has already not been sent, let District Magistrate, Panchkula and Civil Surgeon, Panchkula invite him to sit in each  and every meeting of District Level Committee for eradication of smoking & Tobacco under the  COPTA Act. With these observations, this appeal stands disposed of.

8.            Certified copies of this order, be sent to the parties, free of charge.

9.          The file be consigned to Record Room, after completion.