PUNJAB HEALTH DEPARTMENT Vs. PROF GIRDHARI LAL GUPTA

JUDGEMENT

(1.) These are three Appeals (Nos.1057, 1089 and 1167 of 1998) against a common order dated 23.9.1998 of District Consumer Disputes Redressal Forum, Bathinda (hereinafter called the District Forum ). Appeal No.1057 of 1998 has been filed by the complainant (hereinafter called the complainant) asking for modification of the impugned order for enhancement of compensation and damages etc. Appeal No.1089 of 1998 has been filed by Punjab Urban Planning and Development Authority, Bathinda, opposite party No.2 before the District Forum (hereinafter called the opposite party No.2) for setting aside the impugned order and Appeal No.1167 of 1998 has been filed by Punjab Health Department, opposite party No.1 before the District Forum (hereinafter called the opposite party No.1) for setting aside the impugned order. These three appeals are being disposed of by our common order.

(2.) Brief and relevant facts stated in the complaint are that MIG Flat No.21 (hereinafter called the Flat) was constructed by Punjab Housing Development Board, which has been merged in Punjab Urban Planning and Development Authority, Bathinda. This flat had been allotted to the complainant by Punjab Housing Development Board and he was in its possession. Sometime back he had made some additions and alterations in the flat with the sanction of the opposite party No.2 at a cost of Rs.2.50 lacs.

(3.) On 2.12.1995, a water supply pipe noticed for the first time being laid under the flat having 6" dia had burst in the mid-night in this flat and the flat was inundated with water. The belongings of the complainant started floating in the water and he had suffered a loss of Rs.25,000/- of his household goods. It is then mentioned in the complaint that due to bursting of pipe and accumulation of water in the flat, cracks had developed in the floor and the foundation of the flat had been weakened and as a result thereof he had suffered a loss of Rs.1.25 lacs to the flat.