Chandigarh

DF-I

CC/1128/2019

Ashok Kumar Prajapat - Complainant(s)

Versus

Haryana State Transport - Opp.Party(s)

In Person

03 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/1128/2019
Date of Institution	:	23/12/2019
Date of Decision	:	03/01/2020

 

Ashok Kumar Parjapat, R/o Village Mohla, District Hisar, Haryana – 125042.

… Complainant

V E R S U S

[1]  Director General, Haryana State Transport, 30 Bays Building, Sector 17, Chandigarh – 160017, through Director (General Manager, concerned Driver-Conductor and Regional Officer of Tobacco), Haryana State Transport, Hisar – 125001.

[2]  Additional Chief Secretary, Health Department, Haryana Secretariat, Opposite Fire Station, Sector 17, Chandigarh – 160017. 

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                

ARGUED BY

:

Complainant in person

 

Per Rattan Singh Thakur, President

1.      From the perusal of allegations made in the consumer complaint, it appears on 16.8.2019, complainant had travelled in the bus of OP-1 from Hansi to Hisar on payment of Rs.30/-. His case is, while getting into bus, reached at Hansi bus station, he found some litter was being burnt. The complainant felt suffocated and as per COTPA 2003, there is ban on smoking in public transport. One person was found smoking but no action was taken. Even the pressure horn was being blown to call the conductor. The driver was also found smoking while sitting on his seat. The matter was taken up with the authorities but no action was taken. Hence, the present consumer complaint claiming compensation of Rs.4.00 lakhs alongwith Rs.20,000/- as litigation expenses.
2.     The matter of pollution being caused with the burning of the litter at public place is to be taken cognizance under the relevant environmental laws by the Pollution Control Board or officers authorized thereunder. It cannot be said the OPs allegedly permitted the litter to be burnt at public place. There is a hue and cry regarding the environmental problem of pollution particularly in the capital of the nation and several measures are being taken to control it. It does not mean it becomes a matter to be taken cognizance of by the Consumer Forums under the Consumer Protection Act, 1986 as these allegations are a matter of public interest litigation of which the Consumer Forum is not competent to take note of. From the allegations made in the consumer complaint, it also appears complainant started inspecting the public premises with a view to detect pollution. For that matter he could have approached the Pollution Control Board for taking action under the law. 
3.     From the record it is evident even today there are two other similar nature of consumer complaints of complainant. Even otherwise, it could be taken judicial note of the fact that similar complaints are being repeatedly filed by the complainant as if he has taken a crusade against smoking at public places. There is no deficiency in service or unfair trade practice on point of which he has paid the amount. If the driver of the bus had started smoking, it is a criminal act under law. It is not the complainant’s case, OP-1 had permitted its employee to do so. The driver of the bus has not been arrayed as a party in the consumer complaint and the master cannot be held for the criminal acts, if any, of its servants. What loss was caused to the lungs of the complainant, no evidence to that effect has been led and the complainant has prayed for a whopping compensation of Rs.4.00 lakhs. The complaint does not seem to be bonafide within the domain of this Forum and the Forum under the Consumer Protection Act, 1986 cannot allow itself to be used as a tool to gain unjust enrichment. 
4.         From the above material on record, we find it is not an admitable consumer complaint and proceed to dismiss the same, at preliminary stage. Ordered accordingly. 
5.     The certified copies of this order be sent to the complainant free of charge. The file be consigned.

	Sd/-	Sd/-
03/01/2020	[Suresh Kumar Sardana]	[Rattan Singh Thakur]
hg	Member	President