MUNICIPAL CORPORATION Vs. BARJESH GAIND

JUDGEMENT

(1.) This is an appeal filed by the O. Ps. Municipal Corporation, Chandigarh through its Additional Commissioner and the Commissioner of Complaint Case No.785 of 2001 filed by the respondent/complainant Shri Barjesh Gaind decided vide order dated 7.1.2004 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum ).

(2.) The sole controversy raised by the learned Counsel for the respondent is that the respondent/complainant had been allowed to use a park (Site No.8-P) adjacent to Aggarsain Bhawan, Sector 30-A, Chandigarh on 3.2.2001 in order to celebrate the marriage of the sister of the respondent/complainant whereas another piece of land lying on the back site of Aggarsain Bhawan also owned by the Municipal Corporation, Chandigarh had been allotted for the same date to another party namely Shri Ramesh Gupta of Burail who had also got the site booked for performing a function. The complainant reached the site booked, which was got booked by him on 3.2.2001 for setting up tents and shamiana, lighting, etc. , which was to be put up in the night intervening 2/3.2.2001 so that it was completed, ready and available for solemnization of function relating to the marriage of the sister but it was found by the complainant that a huge pandal was being errected by some other person at the site booked by the complainant. The said person was Shri Ramesh Gupta of Burail who told the complainant that he had got it booked from the Municipal Corporation. The complainant had no other alternative but to choose another site and with great difficulty, the complainant could locate one such site in front of House No.489, Sector 20-A, Chandigarh though it was not clean and malva was lying there, the complainant/respondent got the ground cleared and proceeded to perform the ceremony after shamiana and pandal reached there.

(3.) The grievance of the complainant/respondent was that due to deficiency in service on the part of the Municipal Corporation, he suffered besides physical and mental harassment, financial loss also and he claimed a sum of Rs.65,115/-, the details of which have been extracted in the impugned order by the District Forum.