Driver’s smoking lands roadways in trouble

Sandeep Rana

Tribune News Service

Chandigarh, May 27

The puffing of a “beedi” by the driver of a Haryana Roadways bus and the charging of Rs 2 more on the ticket by the conductor has landed the state roadways and the Health Department in trouble.

Taking a serious view of the smoking and overcharging in public transport, the district consumer court here has penalised the Director and General Manager (Jind) of the Haryana Roadways along with the Financial Commissioner of the Health Department with a fine of Rs 10,000 and directed them to refund the overcharged amount of Rs 2 to the complainant, Ashok Kumar, a native of Hisar.

“....it was dangerous to the health of passengers; their conduct amounts to deficiency in service. As the driver and the conductor were employees of the opposite parties, there is deficiency in service on the part of these parties,” stated the order pronounced by forum president Manjit Singh and members Surjeet Kaur and Suresh Kumar Sardana.

In his complaint, Ashok Kumar said he boarded the bus (HR 56 A 7441) from Pehowa for Dera Bassi in January last year and got a  ticket for Rs 70 while the fare was Rs 68. He occupied the seat which was behind that of the driver, who started smoking while driving the bus. When the complainant asked him not to do so, the former did not pay heed. At the next stop at Ambala City, there was a traffic jam. The driver again started puffing another “beedi”.

On Ashok Kumar’s objection, the driver alighted from the bus and began smoking outside. Some other passengers also started smoking, which filled the bus with smoke. Ashok Kumar alleged that the conductor and the driver insulted him. He called up the officials concerned seeking action against the them.

In their reply, the opposite parties informed the forum that the driver and the conductor were suitably punished by the department by imposing a fine of Rs 1,000 each in April last year. They said they had already issued instructions not to smoke on the premises of offices, workshops and all bus stands in Haryana.

The court said the action of the department was an “independent remedy” while the complainant “has his own remedy” under the Consumer Protection Act. The forum ordered a compensation of Rs 5,000 for the mental agony and harassment faced by Ashok Kumar along with Rs 5,000 as the cost of the litigation to him and refund of Rs 2.