G. SUDERSHAN RAO Vs. CHAIRMAN VAMSHI WELFARE ASSOCIATION

JUDGEMENT

(1.) This is an appeal filed by the unsuccessful complainant assailing the order of the District Forum rejecting his claim.

(2.) The facts of the case are as follows:

(3.) The complainant was a contractor working for Indo Dutch Proteins Ltd., a tenant in one of the flats of the complex of which opposite party No.1 is the representative association. On 14-8-2002 the complainant went to the said complex on some business work with the said tenant by name, Indo Dutch Proteins Ltd., for clearing the outstanding bills. As he was entering the lift, the lift took off even before he closed the shutters and as a result he tumbled down and fell into the pit of the lift and consequently sustained injuries variously. He claimed that he sustained very grave injuries and had to spend nearly Rs.1,00,000/- towards medical treatment. According to him this accident occurred due to the negligence of the opposite parties in as much as the opposite party No.1 did not put up a notice preventing the unwary users of the lift asking them not to use it as the lift was out of order. He also alleged that opposite party No.2, manufacturer of the lift was also negligent in not properly maintaining the same. Thus he attributed that he sustained injuries only on account of their negligence. In the first instance, he filed a criminal complaint upon which the police registered FIR and investigated into the allegations and ultimately they filed the charge sheet. The police justified the filing of the charge sheet as stated in the charge sheet itself finding that there was some prima facie case etc. He claimed to have issued a notice also to the opposite parties demanding the compensation for injuries he sustained on account of their negligence. According to him, he gave a notice on 12-12-2002 with no avail or did not evoke any response. Ultimately the complainant the complaint on 16-6-2005 and subsequently on 28-9-2005. The criminal case ended in acquittal. However, it is the case of the complainant that he was entitled to be compensated as prayed on the ground that on account of the defective lift offered for services to the visitors have caused the accident to him. He claimed a total amount of Rs.4 lakhs by way of compensation as also consequential reliefs against Vamshi Welfare Association as also the manufacturer of lift.