I.P. GOYAL vs General Manager, Haryana Roadways

THE unsuccessful complainant appeals against the order of the District Forum, Hisar consigning his complaint to the record and relegating him to his remedies before the Civil Court.

THE appeal has been preferred by registered post and despite repeated notices of hearing to the appellant, no appearance was put in and a request was received to dispose of the same on merits. We, therefore, do not have the benefit of any submissions in favour of the said appeal. It suffices to mention that the somewhat curious case raised by the appellant was that on the 1st of February, 1993 he was travelling in Haryana Roadways bus from Meham to Hisar against a valid ticket. It was alleged that at the Hansi bus stop, the appellant had alighted from the bus and requested the driver to wait for him till he returned. However, to his discomfiture, when he arrived back at the bus stop, it had already left and it was the case that a bag containing clothes and currency notes of Rs. 10,000/- was thus carried away which were subsequently not traceable.

On notice being issued, the respondent Haryana Roadways controverted all the material allegations and it was disclosed that Rasjinder Singh was driver of the said bus and according to him nothing of the kind as alleged by the appellant had infact happened and there was no responsibility for any loss. Reliance was also placed on the clearly printed notice on the tickets that the passengers travel at their own risk as regards loss of baggage etc.

THE District Forum noticed the somewhat unusual nature of the allegation and the difficulties of proof with regard to the contents of the bag and also the improbability of leaving such an amount of money unattended. It recorded that on the face of it, the matter did not appear to be a simple one and, therefore, declined relief and left the appellant to his ordinary remedies in the Civil Court. We have closely perused the order of the District Forum and the grounds of appeal and the documents placed on the record by the appellant. In the absence of any infirmity being pointed out, we find not the least reason to differ from the view taken by the District Forum. It is otherwise elementary that it is in the discretion of the District Forum to leave a suitor to his ordinary remedy at civil law and a quasi-judicial discretion of this nature when exercised is not to be easily disturbed. Herein, we find no adequate ground for interference in the order of the District Forum, which is up-held and confirmed.

FOR the fore-going reasons, the appeal fails and is dismissed without any order as to costs. Appeal dismissed.