LUCKNOW JAL SANSTHAN Vs. J S TRIVEDI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 13.5.1992 passed by District Consumer Forum, Lucknow-I in Complaint Case No.426/1989.

(2.) The facts of the case stated in brief are that the complainant is the owner of the house situated at 6, Rani Laxmi Bai Marg which has on its two sides sewage lines which pour into sewer right in front of this house. The sewer line is permanently choked on account of which dirty water and other filthy materials spill out all over the place and in front of the entrance of the house of the complainant. The family of the complainant and others living in the vicinity have been put to inconvenience and hardship.

(3.) The opposite parties are obliged under law to provide the services of cleaning the sewage for which sewage charges are levied. Continuous choking of sewage is a health hazard and can lead to outbreak of epidemic. A number of reports have been made to opposite parties for removal of this deficiency but no heed has been paid. The complainant has to engage work-force at own cost to get the area cleaned but the permanent relief can only be provided by the opposite parties by undertaking the work by professionals appointed for the purpose. The sewer water may also seep into the foundation of the complainant's house and may damage it. The complainant had lodged a claim before the District Consumer Forum to order for removal of deficiency stated above and clean the sewage around the complainant's house and ensure its free flow. Adequate compensation was also demanded from the opposite parties.