CLASSIC CERAMIC INDUSTRIES Vs. PRINCIPAL SECRETARY INDUSTRIES DEPARTMENT AND CHAIRMAN UP STATE INDL DEV CORPN LTD

JUDGEMENT

(1.) This appeal arises out of the judgment delivered by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short 'the State Commission'), in Complaint Case No. 91 of 1999. By the said judgment, the State Commission partly allowed the complaint. The State Commission directed payment of Rs. 1,00,000 to the complainant (appellant) by way of compensation within a period of two months from the date of the receipt of the copy of the order. The dispute raised in the present appeal is restricted to the quantum of compensation payable to the complainant (appellant) since it is held by the State Commission that the respondents committed negligence which resulted into water logging and consequent damage sustained by the complainant. It is not necessary to deal with the question of deficiency in the service rendered by the respondents/OPs.

(2.) According to the appellant, he sustained loss due to inundation of water inside the factory and boundary walls of the factor were damaged along with renovation of pulveriser, motor renovation, furnace chimney and building, etc. The appellant strongly relied on report submitted by a Chemical Engineer, namely, Mr. P.K. Agarwal.

(3.) We may take note of the fact that the respondents (OP) did not file any cross appeal. Needless to say that there is no challenge to the finding about deficiency of the service expected to be provided to the appellant as a consumer. Not only that, nobody appeared for the respondents during hearing of the appeals. According to the appellant, the industrial plot was allotted to him for construction of industrial unit as per lease deed executed in his favour. The respondent had agreed to provide appropriate drainage scheme and other services. The appellant commenced business of production of plaster of paris in the month of June, 1994. His case before the State Commission was that due to failure of the respondent to provide proper drainage system, there was water logging in the industrial area during rainy season in the year 1995. The roads outside the industrial unit were submerged in the water. His workshop and the godown were also damaged due to water logging. The machinery was damaged and hence, he filed the complaint.