Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 467.
Instituted on : 16.08.2017.
Decided on : 12.09.2018.
Ashok Kumar Prajapat, R/o Vill.-Mohla, District Hissar(Haryana)-125042.
………..Complainant.
Vs.
- Chief Director Haryana Roadways, 30 Bays Building, Sector-17, Chandigarh-160017.
- Chief Director, Health Department Haryana, Sector-6, Panchkula, 134109.
- Chief Manager, Haryana Roadways, Rohtak-124001.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
Present: Sh.Birbal Sohal, Advocate for the complainant.
Sh.Dinesh Clerk for the opposite party no.1 & 3.
Sh.Dinesh Garg alongwith Sh.Sunil Kumar ADA for OP No.2.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that on 12.11.2016 complainant was travelling in Haryana Roadways bus and had started his journey after taking the ticket of Rs.28/-. That as the bus stopped for checking the tickets, the staff of OPs as well as the passengers take off the bus and started smoking near the window of bus. That the complainant was not feeling comfortable so he complained to the officers deputed there for ticket checking but no disciplinary action was taken by them. After great persuasion, two persons were get off the bus. Thereafter complainant made written complaints dated 19.11.2016, 13.01.2017 to the OPs and he was informed that only a fine of Rs.200/- was imposed upon the alleged smokers. That the alleged little fine has been imposed just to fill the lacunae. That the matter was of very serious nature but neither any strict action was taken by the OPs for stopping such smoking in future, nor any compensation was offered to the complainant which amounts to deficiency in service. Hence this complaint and the complainant has prayed for directing the OPs to compensate the complainant with Rs.4000000/- for causing mental agony, harassment during the journey alongwith legal expenses etc. as explained in the relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.1 & 3 in their reply has submitted that as admitted by the complainant that the smokers were standing outside the bus while smoking and to control the same is not within the ambit of OPs. That no complaint has been made by the complainant in police regarding misbehavior of the passengers. That the information regarding fine was given to the complainant and there is no deficiency in service on the part of OPs and dismissal of complaint has been sought.
3. OP No.2 in its reply has submitted that answering opposite party is only to deposit the amount which was deposited to them against collection of fine by different departments including Roadways for smoking in public places. In this case, Roadways department deposited Rs.200/- to them as fine for smoking in prohibited area and the same been deposited by them in the government account in March 2017 as per rules. That answering opposite party has no other administrative control over the passengers as well as Haryana Roadways department. It is prayed that the matter may be settled between the complainant as well as Haryana Roadways Department.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C11 and closed his evidence. On the other hand, OP No.1 & 3 filed affidavit & documents Ex.R2 to Ex.R8 and closed their evidence. OP No.2 made a statement that reply already filed be read in evidence.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that as per the reply filed by OPs it is proved that the persons present in the bus of Haryana Roadways were smoking and a fine of only Rs.200/- was imposed upon them. However the complainant has not placed on record any evidence regarding his medical illness. But on the other hand, as per the evidence placed on record by the complainant he suffered a great mental agony and inconvenience due to the act of the OPs for which he should be compensated. Since the smoking is health hazardous to the passengers and is prohibited on public placed. Hence the OPs are liable to pay compensation to the complainant.
6. In view of the above, present complaint is allowed and opposite party no.1 & 3 are hereby directed to pay Rs.20000/-(Rupees twenty thousand only) as a lump sum compensation to the complainant for the inconvenience suffered by him for the deficiency in service of OP no.1 & 3 maximum within one month from the date of decision failing which OP No.1 & 3 shall be liable to pay interest @ 9% p.a. from the date of order i.e. 12.09.2018.
7. Copy of this order be supplied to both the parties free of costs.
8. File be consigned to the record room after due compliance.
Announced in open court:
12.09.2018. ................................................
Nagender Singh Kadian, President
..........................................
Ved Pal Hooda, Member.
