SANTIMOY MALLICK Vs. MRITUNJOY SIL

JUDGEMENT

(1.) THIS appeal is directed against the order of the Forum directing the present appellants to pay a sum of Rs. 3,000/ - each and a cost of Rs. 500/ -. The case of the complainant in short is that he is a retired professor of Burdwan Raj College. The OP runs a Guest House in the name of "Basant Bahar" at Chawk Bazar, P.S. Chinsurah, District Hooghly which is rented for entertainment of guests for marriage and other purposes. The petitioner booked the said premises for accommodating his guests and relations for 4 days from 22.2.2000 to 26.2.2000 on payment of licence fee of Rs. 9,000/ - on the occasion of the marriage ceremony of his youngest daughter which was scheduled to be held on 23.2.2000. He took possession of the said premises on 22.2.2000 and his relations arrived at the said premises. The whole family of the petitioner as well as his guests shifted to the said premises on 22.2.2000. He alleges that his family members and guests suffered from stomach trouble because of contaminated water supply from the said hired premises. On inquiry the petitioner came to learn that there is a ring well in the said premises from where water is pumped out and stored in the Overhead Tank and thereafter it is supplied for the purpose of drinking and cooking purposes. The petitioner complained of stomach trouble of his family and guests to OP -1 because of use of contaminated water. So, OP -2 returned a sum of Rs. 4,500/ - by a cheque drawn in his favour. The petitioner informed the matter in writing to the Municipality as well as the District Magistrate and asserts that because of consumption of contaminated water his family members and guests developed stomach troubles. He has brought this action alleging deficiency in service on the part of the OPs. He has claimed compensation for the sum of Rs. 30,000/ -.

(2.) THE case was contested by the OPs by filing a written objection wherein it has been stated that water in the said premises is supplied from the Municipality and from underground source. He alleges that the petitioner has extorted a sum of Rs. 4,500/ - from them for which he has filed a criminal case before a Criminal Court at Chinsurah. According to them the present case is a counter -blast to the said criminal case.

(3.) UPON consideration of the materials on record, the Forum found that there was deficiency in service on the part of the OPs in the matter of supplying potable water from Municipality by the OPs resulting in the stomach trouble to the family members as well as the guests of the petitioner. So, the Forum awarded a compensation of Rs. 3,000/ - to be paid by each of the OPs to the petitioner.