KAMLA RANI Vs. MUNICIPAL COUNCIL RAJPURA

JUDGEMENT

(1.) It is an appeal against the order dated May 11, 1999 of the District Consumer Disputes Redressal Forum, Patiala (hereinafter called the "district Forum" ).

(2.) Briefly stated, the facts as stated by the appellant-complainant (hereinafter called the "complainant") are that the respondents-opposite parties (hereinafter called the "o. Ps. ") had laid pipes just in front of the house of the complainant for flushing water of drains and sewerage. The pipe was quite lengthy, but just in front of the house of the complainant it had been damaged and there was leakage of water and refuge etc. which had gone into walls of the house of the complainant. It had damaged, cracked and made the wall of the complainant's house wet with saline water to the extent of about 14 feet. This had also made the front portion of the house vulnerable for living due to fear of coming down at any time causing loss of life and property etc. It was due to defective design and defective material used in laying pipes and system of sewerage. The complainant had made several requests to the O. Ps. for removing the above defect to save damage to the house of the complainant as only recently she had spent Rs.25,000/- for repairing the damaged/cracked walls of the house. On this, an official of O. P. No.1, i. e. the Municipal Council, Rajpura, had visited the spot but of no avail. It was also stated that the complainant was a 'consumer' and the facts disclosed in the complaint constituted a 'consumer dispute', payment of sewerage charges was 'consideration' and non-removal of the defect was 'deficiency' in the services on the part of the O. Ps. under the provisions of the Consumer Protection Act, 1986 (hereinafter called the "act" ). Ultimately, a prayer was made in the complaint that a direction be given to the O. Ps. to replace the defective pipes with solid, defectless pipes so that water/sewerage water etc. may not come out or go into the walls of the house of the complainant. Compensation of Rs.25,000/- for the damage done to the house of the complainant and costs of Rs.1,000/- for the complaint were also sought for.

(3.) On notice being given to the O. Ps. , O. P.1, i. e. Municipal Council, Rajpura, through its Executive Officer, filed a reply. In reply to para No.2, it has been stated that para No.2 of the complaint was correct to the extent that there were sewerage pipes in front of the house of the complainant. Rest of the para was denied as wrong and incorrect. A prayer was made that the complaint be dismissed with costs.