KAMAL JOHRA, CHAIRMAN, NAGAR PALIKA PARISHAD, HARIDWAR v. RAMWATI SRIVASTAVA
2011-07-20
B.C.KANDPAL, C.C.PANT
body2011
DigiLaw.ai
ORDER (Per : Justice B.C. Kandpal, President) 1. This is appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 12.01.2011 passed by the district forum Haridwar in the consumer complaint No. 234 of 2010. By the order impugned the district forum has allowed the consumer complaint and directed the opposite parties to pay a sum of Rs. 1,000/- to the complainant. 2. In brief the fact of the case are that the complainant is the resident of Haridwar and is paying all the taxes to the opposite parties. On 18.07.2010 due to the rains water entered into the house of the complainant on account whereof the valuable goods of the complainant were damaged. Alleging deficiency in the service on the part of the opposite parties, the complainant filed a consumer complaint before the District forum Haridwar. 3. The opposite parties filed written statement before the District Forum and pleaded that there has not been deficiency in service on their part. It was also pleaded that on account of rain, the water entered into the house of only those persons house were below the road level. 4. The District Forum on the appreciation of the material on record allowed the consumer complaint vide impugned order dated 12.01.2011 in the above terms. Aggrieved by the said order, the opposite parties have filed this appeal. 5. We have heard the learned counsel for the parties and perused the record. 6. The main allegation of the complainant is that due to not maintaining proper drainage system and regular cleaning of the nallahs, water entered into her house, causing damage to the goods, the complainant has also alleged that thereafter the opposite parties had cleaned the nallahs, the opposite parties have alleged that the water entered into the houses of only those persons whose house were below the road level. The opposite parties have not denied that the water had entered into the house of the complainant, as a result whereof the goods were damaged. The opposite parties have not denied that the complainant has not paid any tax to the NAGAR PALIKA PARISHAD, Haridwar. It was the duty of the opposite parties to maintain proper drainage system in the town, so that the water should not enter into the houses of the persons residing in the locality.
The opposite parties have not denied that the complainant has not paid any tax to the NAGAR PALIKA PARISHAD, Haridwar. It was the duty of the opposite parties to maintain proper drainage system in the town, so that the water should not enter into the houses of the persons residing in the locality. The house tax and sewer tax has been paid to the NAGAR PALIKA PARISHAD and, therefore it was their duty to see that no loss is caused to the residents of the locality on account of water entering into their houses. It is worth to mention here that on account of the water entering into the houses two women and one minor child were lost, who have not been traced till day. The District Forum has held that as the loss has been caused on account of natural calamity and, as such token compensation of Rs. 100/- would be just and proper. The District Forum has awarded sum of Rs. 900/- towards litigation expenses. This way. The District Forum has awarded total sum of Rs. 1,000/- to the complainant which cannot be said to be on the higher side, we do not find any error in the impugned order passed by the District Forum and the appeal being devoid of merit, is liable to be dismissed. 7. Appeal is dismissed. No order as to costs.