Chandigarh

DF-II

CC/91/2018

Ashok Kumar Prajapat - Complainant(s)

Versus

Director General, Haryana - Opp.Party(s)

In Person

27 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	91 of 2018
Date  of  Institution	:	09.02.2018
Date   of   Decision	:	27.09.2019

 

 

 

 

Ashok Kumar Parjapat R/o Village  Mohalla, Tehsil Hansi, District Hisar (Haryana) 125042.

                               …..Complainants

Versus

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

2]  Chief Secretary, Govt. of Haryana, Haryana Secretariat, Sector-1, Chandigarh 160001

3]  Finance Commissioner, Health Department, Haryana, New Secretariat, Sector 17, Chandigarh 160017.

4]  Commissioner, Haryana State Transport, 30 Bays Bhawan, Sector 17, Chandigarh

5]  Director (General Manager), Driver Jagat Singh, Conductor Prem Singh, Haryana State Transport, Bhiwani 127021

                      ….. Opposite Parties

[2]

======

Consumer Complaint  No	:	129 of 2019
Date  of  Institution	:	13.03.2019
Date   of   Decision	:	27.09.2019

 

 

 

 

Ashok Kumar Parjapat R/o Village  Mohalla, Tehsil Hansi, District Hisar (Haryana) 125042.

                               …..Complainants

Versus

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

2]  Finance Commissioner, Health Department, Haryana, New Secretariat, Sector 17, Chandigarh 160017.

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

                      ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER

                               

Argued by :    

Complainant in person.

Ms.Inderpreet Kaur, ADA for OPs

  

PER RAVINDER SINGH, MEMBER

 

 

          The above mentioned two consumer complaints No.91/2018 & 129/2019 are within the same parties and have identical facts in issue, hence being decided by this common judgment.

2]       The facts are being taken from Complaint Case No.91 of 2018– Ashok Kumar Prajapat Vs. Director General, Haryana State Transport & Ors..

 

3]       Briefly stated, the complainant was traveling in the Haryana State Transport, Bhiwani Depot Bus, after paying Rs.30/- towards ticket, for the route from Jind to Hisar. During the journey, the Driver while driving the bus was smoking and did not stop despite intervention by the complainant. It is averred that the driver of the said bus smoked during the whole route due to which the complainant felt uneasiness and he requested the driver to stop smoking as it is banned in the public places and transport, but the Driver misbehaved with him.  It is averred that the complainant also told this to Conductor as well as to Bus Inspection Inspector, but they also supported the driver and encouraged him to do so. The complainant raised the issue with the Opposite Party authorities and also made a complaint in this regard but to no effect.  Hence, this complaint has been filed.

 

2]       Opposite Parties No.1,2 & 4 have filed joint reply stating that as per the statement of Driver Jagat Singh, D.No.150, a passenger during the journey complained about smoking, so he asked the fellow passenger not to smoke and also told that smoking is prohibited in the bus.  It is also stated that as per the statement of conductor Prem Singh C.No.135, on that day the complainant also told that driver is smoking, but when he saw the driver, he was not smoking.  It is also stated that when the conductor tried to clarify the complainant that no one in the bus is smoking, the complainant indulged into argument with the conductor and told that he will harass them.  It is submitted that as per the statement of checking staff Sh.Mewa Singh S.I. and Bir Singh, S.I. during the checking, no passenger was found doing smoking and the driver and conductor were also not the smoking.  It is also submitted that after receiving the complaint of the complainant, all administrative channels remain active. It is averred that warning regarding No Smoking is written in all the buses of Transport Department.  It is also averred that the Transport Department, Haryana does not compromise with the safety and security of his passengers.  Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint.

 

         The Opposite Party NO.3 has also filed reply stating therein that all the statutory provisions of the COPTA Act (Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Act, 2003, are being implemented effectively in its letter and spirit and if any violation of Section 4 of the said act committed, by the employee of the Transport Department, the Transport Department is responsible for implementing the Act qua the erring employee and initiate the appropriate required action against him in accordance with law. It is stated that Health Department being the Nodal Agency to implement the COTPA Act, 2003 is constantly putting efforts to create awareness among various stakeholders for strict implementation of the said Act in its true letters and spirit.  It is stated that the complainant has no grievance qua the Opposite Party No.3 and thus, it is prayed that the complaint qua Opposite Party NO.3 be dismissed.

         Opposite Party No.5 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 8.5.2019.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the complainant in person, Asstt. District Attorney for OPs and also have perused the entire evidence & pleadings of the parties.

 

5]       The Govt. of Haryana in its reply have submitted detail facts about efforts taken by the State to eradicate the evil of Smoking.  It has been stated in reply filed on behalf of Director General, State Transport, Haryana that their department is serious of the issue and is committed to provide efficient, reliable, safe, healthy and timely journey to the passengers of Haryana Roadways buses.  Their department has already appointed Nodal Officers in each depot of Haryana Roadways for checking/preventing smoking, 27 Nodal Officers have been appointed in the department and their names with Mobile numbers have been duly circulated (Ann.R-10).  It is stated that Inspection Teams are regularly checking the buses and appropriate actions are being taken in cases where such offence is traced out, Special drives are operated throughout the bus stands and in the buses and on many occasions, their department has issued instructions (Ann.R-2 colly) to all General Managers for prevention of smoking in Buses of Haryana Roadways and it has also been directed to take action against the delinquent smokers.  It is also stated that the Drivers/Conductors have also been issued charge sheets on the ground of misconduct involving smoking in public places and several employees are facing disciplinary proceedings in such cases and proceedings are taken to logical ends and therefore, their department is taking all efforts of its responsibilities and is committed to prevent this menace.  

 

6]       Dr.Rajpal Sekhon, State Nodal Officer (National Tobacco control Programme), Office of Mission Director, National Health Mission Haryana, Panchkula, in his affidavit has stated that State of Haryana has taken dedicated steps to highlight affects of Cigarettes and Tobacco Products and took coordinated steps in establishing various Committees, Task Forces at State &  District Levels such as :-

 

1. A State Level Committee has been constituted vide Notification No.46/61/2008-5HBII dated 10-12-2008.
2. Task Force at State as well as at District level has been constituted to combat the evil of smoking in Public Places.
3. District Tobacco Control Cells in all districts of Haryana has also been constituted for implementing the Act strictly within their districts.
4. “Authorization Committee” in exercise of the power conferred by Sub-section (I) of the Section 28 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Act, 2003 vide Notification No.46/18/99-5HB-II dated 10-01-2016.
5. State Level Coordination Committee has also been formulated and notified vide Notification No.46/1/2018-5HBII dated 11 January, 2018.
6. The District Level Coordination Committees have also been approved and the notified vide Notification No.46/1/2018-5HBII dated 25 January, 2018.

 

7]       It has been categorically stated that all the Statutory provisions of COTPA Act, 2003 -  [Cigarettes and Other Tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003], have been implemented very effectively in its true letter & spirit as per provisions specified in the said Act.

 

8]       There does not appear to be any deficiency on the part of the State of Haryana.  It is an established fact that Smoking is injurious to health, but to eradicate this evil in the Society, the individual themselves have to rise to the occasion through their strong Will Power to leave this evil of Smoking.  By force or compulsion, hundred percent success in uprooting this social evil is impossible.  There is known proverb that “Old Habits Die Hard”.  

 

9]       The consumption of Liquor likewise is injurious to health and this is a known fact, but its production is increasing day-by-day, retails shops are increasing day-by-day, the Governments are issuing Liquor Permits for sale on easy terms, despite knowing well its bad impact over the future generation. The State of Haryana introduced a total prohibition in the State in July, 1996 to ensure welfare of its residents, but under compelling circumstances and pressure from the public itself, they have to forgo their dictates and lifted the prohibition in 1^st May, , 1998.

 

10]      Smoking in public places is an office and the complainant, if ever so noticed such occurrence and is affected by its consequence, then he should bring & take up the matter with law enforcing agencies or other administrative supervisory authorities concerned. The Consumer Forums have little role to play in redressing such grievance, as alleged in the present complaint.

 

11]      The complainant has been named as Member of District Tobacco Control Cell of the State of Haryana and he has every right to raise his voice against this evil at the said meetings.

 

12]      Keeping in view the entirety of facts & circumstances of the case, as discussed in the preceding paragraphs, the present complaint as well as connected complaint case No.129/2019 – Ashok Prajapat Vs. Director General, Haryana State Transport & Ors., are hereby dismissed being without merit. NO order as to costs.

 

         A copy of this order be placed in connected complaint Case NO.129/2019 – Ashok Prajapat Vs. Director General, Haryana State Transport & Ors., which shall be deemed to form a part of that order.

         Certified copy of this order be sent to the parties, as per rules.

Announced

27^th September, 2019            

                                                                                      Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER