The Chandigarh District Consumer Disputes Redressal Commission dismissed a Hisar resident’s complaint against a Haryana Roadways driver for smoking in the bus, stating that “force or compulsion cannot lead to a hundred percent success in uprooting this societal scourge.”
The commission was hearing the case of one Ashok Kumar Parjapat of Hisar (Haryana), who claimed that on July 1, 2019, he took a Haryana Roadways bus from Jind to Kaithal. Parjapat stated that he is extremely allergic to cigarrette smoke and tobacco products, however the driver smoked in the bus after the vehicle stopped at Patiala Chowk.
He went on to say that he was uncomfortable and asked the driver to cease smoking while reminding him that smoking in public places was illegal. The driver stopped smoking, and the bus conductor informed Parjapat that he would no longer allow the driver to smoke on the bus.
Parjapat stated that he reported to Haryana Roadways, who, after conducting an investigation, imposed a punishment of Rs 200 only on the driver, prompting him to file a complaint with the Commission in Chandigarh.
“…the bus driver was fined Rs 200, thus he has already been punished.” As a result, imposing any additional penalty or consequence on the same person/driver for the same fault/act would constitute to double jeopardy, which states that “one person cannot be penalised twice for the same offence,” according to the commission.