H.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA-9.

F.A. No. 335 of 2006

Decided on 10.4.2009.



1. Secretary, State Transport Authority,

Himachal Pradesh, Shimla-4.



2. Divisional Forest Officer,

Mandi Division, District Mandi, H.P.

.....Appellants.

Versus



1. Sh. Divesh Bhardwaj }

2. Sh. Kailash Bhardwaj } L.R’s of

3. Sh. Ritesh Bhardwaj } Sh. Bhal Chander Bhardwaj.

(All R/o Village & P.O.

Joginder Nagar, District Mandi, H.P.)

….Respondents.

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Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekher Sharma, Member.



Whether approved for reporting ?



For the Appellant. Mr. Anoop Sharma, ADA

With Mr. Abhay Shukla,

Additional Chief Secretary

(Forest) to the Govt. of H.P.

Mr. Amit Kahyap, Secretary

State Transport Authority,

Shimla.



For the Respondent. Mr. Divesh Bhardwaj

Respondent No.2 is present

in Person.

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ORDER



Justice Arun Kumar Goel (Retd.) President.





1. When this case was taken up today Mr. Anoop Sharma, Ld. ADA on behalf of the appellant stated on instructions received from the Additional Chief Secretary (Forest) to the Government of H.P. that the compensation assessed may be waived while partly allowing this appeal and he has instructions not to press for the same in the event his prayer being allowed.


2. Looking to the totality of the facts and circumstances of the case and time gap we feel that compensation cannot be waived by its entity however looking for stand of the appellants, we deemed it just and proper that compensation needs to be reduced, ordered accordingly.

3. As a result of it while partly allowing this appeal and upholding the order of District Forum below in Consumer Complaint No. 172/2005, decided on 21.8.2006, it is ordered that compensation payable would be Rs. 5000/- instead of Rs. 10,000/-. Appeal is disposed of subject to this modification.

4. All interim orders passed from time to time shall stand vacated forthwith.

5. Ld. ADA has undertaken to collect the copy of this order free of cost from the Court Secretary as per Rules and office is directed to send the copy of this order to Sh. Amar Chand Verma, Advocate, District Court, Mandi, on behalf of the respondent.




(Justice Arun Kumar Goel) Retd.

President





(Saroj Sharma)

Member





(Chander Shekher Sharma)

Member