MATADEEN Vs. DAYA RAM

JUDGEMENT

(1.) Complainant Matadeen has come up in appeal against the order dated 4th December, 1996 passed by learned District Forum, Bhiwani whereby his complaint against Haryana Roadways alleging deficiency in service and misbehaviour on the part of their Conductor has been dismissed as the complainant has failed to establish the allegations made in the complaint. Complainant, who is resident of Charkhi Dadri had been provided a free travel voucher of Haryana Roadways from Charkhi Dadri to Chandigarh to appear in test and interview for the post of Clerk on 3rd August, 1993 at 11.00 a. m. before Housing Board, Haryana. The complainant boarded the bus from Charkhi Dadri at 9.00 p. m. on 2nd August 1993 of Haryana Roadways, Rewari. The Conductor while checking the tickets did not accept the free travelling voucher of the complainant, as the said facility was not available in night buses. When the Conductor asked the complainant to purchase a ticket and he initially refused to purchase the same, the Conductor insisted on issuing the ticket at the pain of throwing the complainant out of the bus. The complainant had to purchase the ticket. But due to this episode, he could not do well in the test and interview and failed. Hence, he approached the District Forum for claiming Rs.50,000/- by way of damages, besides refund of Rs.60/-. The respondent in their written statement pleaded that according to the instructions of the Transport Commissioner Haryana, the Conductor was well within his rights not to permit free travelling on complimentary passes in the night buses. Accepting this position, the learned District Forum dismissed the complaint.

(2.) In the appeal before us, learned Counsel for the appellant has reiterated the submissions made by the appellant before the learned District Forum and has vehemently contended, that for misbehaviour and certain harassment, examplary damages should be awarded to the complainant. After hearing the learned Counsel for the appellant we do not find any merit in the appeal as according to us, the Conductor was acting strictly in accordance with the instructions of the Transport Department in not permitting the complainant free travelling in the night buses on the authority of complementary pass possessed by the complainant. Therefore, the complaint has rightly been dismissed and for the parity of reasoning the appeal also deserves to be dismissed. However, if the complainant is feeling aggrieved against the misbehaviour and harassment caused to him by the Conductor he is at liberty for bringing the matter to the notice of the Transport Commissioner by way of com- plaint, for taking disciplinary action against the Conductor. Disposed of accordingly.