Passenger awarded payout for bus driver smoking on duty | Mumbai News

Ashok Kumar Prajapat was travelling from Bhiwani to Meham by Haryana Roadways bus by paying the prescribed fare of Rs 25. When he boarded the bus, he found the driver smoking a beedi. The driver continued smoking, after half an hour Prajapat experienced discomfort and suffocation due to passive smoking. His request to stop smoking met with hostility, so he kept quiet in order to avoid a quarrel. He videographed the incident and alighted midway during the journey. He reached his destination by seeking the help of a good Samaritan.
Later, Prajapat complaint to Haryana Roadways against the driver as smoking was against the provisions of Cigarettes and Other Tobacco Products Act, (COTPA). He also filed a consumer complaint. Haryana Roadways contested the complaint, and filed its reply denying that the driver was smoking on duty.
Surprisingly, a conflicting statement was made in the written arguments, where it was stated that the incident was investigated by the Traffic Manager and the driver had been found guilty.
So the General Manager, had taken action under the provisions of the Haryana Civil Services Rules and imposed a penalty of Rs 200 and also issued a warning to the driver to observed proper conduct in future.
The order of the General Manager was also placed on record. The District Commission dismissed the complaint on the basis of reply. Prajapat appealed against the decision. The State Consumer Disputes Redressal Commission for the Union Territory of Chandigarh went through the video recording of the incident which Prajapat submitted on a compact disc. The recording had captured the driver smoking as well as the conversation between the driver and Prajapat.
On the basis of the recording and the action taken against the driver, the State Commission held that Prajapat had established that the driver was smoking on duty for which he was entitled to be compensated. The order of the District Commission was set aside, and a consolidated compensation of Rs 5,000 was awarded. Haryana Roadways was also directed to take stern steps to ensure zero tolerance towards smoking.