ORIENTAL INSURANCE COMPANY LTD Vs. NARAIN GUPTA

JUDGEMENT

(1.) This revision is directed against the order dated 16.8.2004 of Consumer Disputes Redressal Commission, Union Territory, Chandigarh allowing appeal against the order dated 16.12.2003 of a District Forum whereby complaint filed by respondent/complainant was dismissed.

(2.) Vide allotment letter dated 28.8.1991 the respondent was allotted House No. 1756/1 (MIG-III Category) in Sector 39B, Chandigarh by the petitioner-opposite party and possession thereof handed over on 13.10.1991. Respondent alleging leaking of water in his house from House No. 1756/2 above his house, approached the petitioner for removal of leakage by sending letter dated 16.4.1992 and reminders dated 22.1.1997, 3.12.1997, 3.3.1998 and 9.6.1998. On leakage not being removed the respondent alleging deficiency in service filed a complaint claiming certain reliefs against the petitioner which was contested by the petitioner by filing written version. Though allotment of said house to the respondent and complaints having been received from him for removing leakage, were not disputed but it was alleged that house was allotted on "as is where is basis" and after taking possession the Board was not liable to attend to any complaint in the house. It was further alleged that leakage, if any, was owing to the material impairment and alterations carried out by the respondent in allotted house. Complaint was stated to be barred by limitation. To be only noted that on allowing appeal the petitioner was directed to remove leakage in the house of respondent within two months and to pay amount of Rs. 50,000 as compensation for physical harassment caused due to deficiency in service on the part of petitioner by the State Commission.

(3.) We have heard Mrs. Rachna Joshi Issar for petitioner as also the respondent.