Haryana

StateCommission

A/1018/2016

RAJESH KUMAR - Complainant(s)

Versus

STATE OF HARYANA - Opp.Party(s)

VIKAS BISHNOI

30 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                            

                    

First Appeal No  : 1018 of 2016

Date of Institution: 26.10.2016

Date of Decision : 30.11.2016

 

Rajesh Kumar son of Sh. Pirthvi Singh, resident of Bighar Road, Fatehabad, Tehsil and District Fatehabad.

                                                                             Appellant-Complainant

 Versus

 

1.      State of Haryana through Collector Bhiwani, District Bhiwani.

2.      General Manager, Haryana Roadways, Fatehabad, District Fatehabad.

3.      Udeyveer Singh Duhan, General Manager, Haryana Roadways, Bhiwani, District Bhiwani.

4.      Ramesh Kumar, Driver No.131, Haryana Roadways, Bhiwani Depot, Bhiwani, District Bhiwani.

5.      Suresh Kumar Conductor No.256, Haryana Roadways, Bhiwani Depot, Bhiwani, District Bhiwani.

                                      Respondents- Opposite Parties

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mrs. Urvashi Agnihotri, Member.

 

 

Argued by:          Shri Vikas Bishnoi, Advocate

 

                                                   O R D E R

 

 

NAWAB SINGH J,(ORAL)

 

This complainant’s appeal is directed against the order dated September 26^th, 2016 passed by District Consumer Disputes Redressal Forum, Fatehabad (in short, ‘District Forum’) whereby the complaint was dismissed.

2.      On December 02^nd, 2014 Rajesh Kumar-complainant boarded a bus bearing No.HR61B-7164 from Sirsa to Fatehabad.  Ramesh Kumar, Driver-opposite party No.4 did not stop the bus at General Bus Stand, Fatehabad rather stopped on National Highway.  Hence, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.  

3.      The State of Haryana through Collector Bhiwani and Udeyveer Singh Duhan-opposite parties No.1 & 3, in their written version, denied the averments of the complaint and pleaded that a complaint bearing No.6480/TC-II was received from the office of General Manager, Haryana Roadways, Fatehabad-opposite party No.2. Thereafter, an enquiry was conducted.  The Inquiry Officer in his report submitted that the charges leveled against the driver and conductor were proved and they were given show cause notice by the Punishing Authority by stopping their annual increment with cumulative effect. 

4.      Ramesh Kumar, Driver and Suresh Kumar Conductor-opposite parties No.4 & 5 pleaded that on the way from Sirsa to Fatehabad, the complainant created nuisance and false complaint has been filed by him. 

5.      The complainant boarded the bus from Sirsa to Fatehabad.  The complainant alleged that the driver and conductor did not stop the bus at General Bus Stand, Fatehabad rather stopped it on the National Highway.  On receipt of the complaint filed by the General Manager, Haryana Roadways, Bhiwani, an enquiry was held against the driver and conductor of the bus.  The complainant also filed complaint under Sections 186, 353, 323 and 506 of IPC before Chief Judicial Magistrate, Hisar.  As mentioned in the impugned order, a compromise was arrived at between the complainant, driver and conductor of the bus.  The enquiry has already been held against the delinquent officials and the matter has been compromised between the complainant and the delinquent officials.  What made the complainant to still file and maintain the complaint is not understandable.  There are no specific allegations of any physical harm or financial loss due to the alleged act.  Thus, the District Forum has rightly dismissed the complaint.  The appeal is dismissed.      

 

Announced 30.11.2016

(Urvashi Agnihotri) Member

(Nawab Singh) President

UK