JAHANGIR B.GAI vs WESTERN INDIA AUTOMOBILE ASSOCIATION

THIS appeal is preferred by the original complainant against the order of the District Forum, Bombay. The District Forum, Bombay by the impugned order allowed the complaint of the appellant and directed the respondent to pay the amount of Rs. 251/- as compensation to the complainant on account of harassment and mental torture. The appellant had complained that respondent allows the trainees to drive the vehicles without obtaining learner''s licence. The allegations are denied by the respondent and therefore, an issue was framed "Does complainant prove that it was a regular practice of the opponent to ask the students to start lessons before receipt of valid learning licene?" The District Forum replied in the negative. The reason for negative finding is that there was no evidence to prove that such a common practice of allowing the trainees to drive vehicles without obtaining learner''s licence was established.

UNDER these circumstances, it is very difficult to up-set the findings arrived at by the District Forum. Shri S.S. Narayanan, on behalf of the Western India Automobiles Association was present and also stated before us that no such practice exists and further assured that the W.I. A. Association will take care not to allow in future any trainee to drive vehicle in public without obtaining a valid learner''s licence. There is no reason for us to doubt the solemn assurance given on behalf of the respondent who is a reputed association. Shri Jahangir B. Gai, however, submitted that the respondent should give undertaking in writing and give an advertisement in press declaring that they will not allow any trainee to drive the vehicle in public without obtaining a valid Learner''s licence. We find that the assurance given on behalf of the respondent is enough and there is no necessity of taking any undertaking or the advertisement in press for the purpose. Shri Jahangir Gai fairly did not claim any compensation as according to him, he is pursuing in public interest. We understand the anxiety of appellant Shri Gai who pursued the matter in the interest of public. Under the circumstances, we dismiss this appeal with costs. Appeal dismissed.