PRESIDENT AND MRS ANJALI KARADKHEDKAR MEMBER UNITED INDIA INSURANCE CO LTD Vs. VRUNDAVAN CO-OP HSG SOC LTD

JUDGEMENT

(1.) THIS appeal filed by the org. O.P. in C -45/04 is directed against the order dated 2.2.2005 passed by District Consumer Forum, Thane.

(2.) IN brief, facts giving rise to this appeal are as under : Respondent No. 1 is a Registered Co -operative Housing Society known as Vrundavan Co -op. Housing Society Ltd. Mr. Mahesh Shah is a Secretary of the Housing Society. The Housing Society has 2 residential buildings i.e., Wing A & Wing B. Each building consists of in all 24 flats. The building has ground floor plus 3 storeyed RCC structure. Ground floor of the building is having shop centres used for commercial purpose and upper 3 floors of the building is used for residential purpose. Both the buildings i.e., Wing A and Wing B were connected by means of compound wall provided with M.S. Grill, fencing on the top of the compound wall. The Society had taken a fire policy from the appellant.

(3.) THE heavy rains resulted in accumulation of water at the catchment areas of Vaitarna and Surya Dams. The excess water from the dam was discharged. This resulted in release of water into townships and villages at Thane District and in particular all areas referred above. At several places, the highway was submerged under sheet of water and traffic came to a virtual halt for several days. Even the Railway bridge between Palghar and Boisar station was washed away and, therefore, Western Railway services were totally stopped for few days.