CALCUTTA TELEPHONES vs Bharat Biscuit Co Pvt Ltd

STATE of Haryana, Transport Department and the Haryana Roadways have come up in appeal against the order dated 24th August, 1994 passed by District Forum, Narnaul, whereby complaint of one Mr. Hari Ram Yadav, Lecturer in Economics, Government College, Narnaul has been allowed and a sum of Rs. 4,046/ - has been awarded as compensation alongwith Rs. 150/ - as costs on account of deficiency in service against the appellants. According to the complainant, he alongwith his wife boarded a Haryana Roadways Bus No. 2753 for going to Delhi. The bus had hardly reached Rewari when it went out of order. Another bus of Haryana Roadways going to Delhi reached the spot, but the Conductor of the bus No. HR -26A/1332 refused to accommodate the complainant and his wife on the old tickets and insisted for the purchase of fresh tickets. It is further alleged that the Conductor even abused and insulted them. The complainant purchased the fresh tickets for Rs. 46/ - and thre after approached the District Forum for the recovery of Rs. 46/ - in addition to Rs. 5,000/ - as damages. In reply to the notice, the appellants challenged the maintainability of the complaint on the ground that the District Forum, Narnaul had no territorial jurisdiction to try the same. During the trial of the complaint, the complainant appeared as PW 1 to substantiate his allegations and in rebuttal the Haryana Roadways examined the Conductors Mahipal Singh and Jai Singh, who denied the allegations of the complainant. After considering the matter in detail, the learned District Forum came to the conclusion that there was certainly deficiency in service on the part of the Conductor of the Haryana Roadways, hence allowed the complaint.

IN the appeal before us, learned Deputy Advocate General has vehemently contended that cause of action, if any, arose at Rewari and District Forum, Narnaul has no jurisdiction to try the complaint. There is no substance in the argument as the tickets have been purchased by the complainants at Narnaul by boarding the bus for Delhi, the deficiency in service of Haryana Roadways could certainly be considered by the District Forum at Narnaul. So far as the quantum of compensation is concerned, we can not ignore the fact that the complainant was an educated and respectable Gazetted Officer of Haryana Government, serving as Lecturer in Government College. Since he was travelling alongwith his wife, the insult and the embarrassment suffered by him at the hands of the staff of the Haryana Roadways, could not lightly be ignored and he was entitled to the compensation claimed by him. However, despite all this, no material whatsoever is available on record on the basis whereof the complainant had assessed the amount of compensation. Therefore, we are of the considered view that honour of the complainant shall be suitably vindicated and interest of justice would be adequately met if a token amount of Rs. 400/ - instead of Rs.4,000/ - is allowed as compensation in addition to a sum of Rs. 46/ - as the fare, already awarded to the complainant. Accordingly, we allow this appeal and reduce the amount of compensation to Rs. 446/ - alongwith costs of Rs. 150/ - already awarded by the District Forum. Since the complainant has not appeared in the appeal, he is not entitled to any additional costs. Appeal allowed.