LAWS(NCD)-2003-4-110

BIHAR STATE HOUSING BOARD Vs. SUBODH CHOUDHARY

Decided On April 24, 2003
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
NAIK WADHUMAL ALIMCHANDANI Respondents

JUDGEMENT

(1.) This revision is directed against the order dated 20.3.1999 of Consumer Disputes Redressal Commission, Maharashtra State dismissing appeal against the order dated 25.6.1997 of a District Forum whereby petitioner/opposite party No. 3 was directed to pay to respondent No. 1/complainant a sum of Rs. 2,25,000/- being the estimated amount of cost of repairs to the property with interest and amount of Rs. 5,000/- by way of compensation as also cost.

(2.) Facts giving rise to this revision lie in a narrow compass. Respondent No. 2/opposite party No. 1 dealer of respondent No. 3/opposite party No. 2 had supplied a gas cylinder to Surjansingh Gulbaxsingh occupying a flat on the 2nd floor in the building Sea Craft at Colaba, Mumbai. Respondent No. 1 was staying below that flat in the 1st floor of building. On 18.1.1995 at about 7.00 p.m. fire broke out in the flat occupied by said Surjansingh Gulbaxsingh because of leakage of gas from the cylinder. Fire tender sprayed water to extinguish the fire. In that process, the water entered into the flat of respondent No. 1 thereby causing damage to the furniture, etc. Respondent No. 1, therefore, filed a complaint for recovery of amount of the damages which was contested by the petitioner and respondents 2 and 3. However, pleas taken in the written versions need not be referred to for deciding this petition.

(3.) We have heard Mr. Jitender Vashisht for petitioner and Ms. Shashi Kiran for respondent No. 1.