LAWS(NCD)-2007-1-87

TALKATORA GARDEN MORNING WALKERS ASSOCIATION Vs. NDMC

Decided On January 04, 2007
Talkatora Garden Morning Walkers Association Appellant
V/S
NDMC Respondents

JUDGEMENT

(1.) This is a complaint filed under Sec.12 of the Consumer Protection Act, 1986 , by the Talkatora Garden Morning Walkers' Association in their capacity as consumers of various services rendered by the opposite party - NDMC in this park. They come from far and near to inhale oxygen but instead they inhale foul smell of stagnant water, stink and stench of heap of garbage that attract birds and stray dogs. In their words, the garden becomes a tiny hell for morning walkers and picnickers.

(2.) New Delhi Municipal Council (NDMC) is maintaining large number of parks, gardens and stadia in the New Delhi area. Thousands of people frequent these parks as morning walkers, tourists, for picnic purposes. Certain portions of these parks have been earmarked as play field for various outdoor games. It is common knowledge that in this capital city very few places are available for players who aspire to become the future pride of this country and that is why one of such gardens viz. Talkatora Garden has a play field for hundreds of young men and women of the city and is thronged by hundred and thousand of players. This garden has a large row of beautiful fountains, artificial fall, open-air theatre and is a sort of ornamental garden and hot-spot for tourists and picnickers. Other such parks/gardens are Lodhi Garden and Nehru Park. They are the lungs of this beautiful part of the city.

(3.) Here is a local authority having the obligations to maintain these parks and gardens and protect its property, but in the case of Talkatora Garden, and may be in other parks also, it has adopted a cavalier, insensitive and indifferent attitude that manifestly demonstrates its deficiency in the service causing immense mental agony, physical discomfort to thousands of users of this park who are mainly the morning walkers. Unhealthy and stinking environment it creates; on days when huge marriage parties, Melas and several private and public events are held, on the atmosphere and environment, the aftermath it leaves is horrible.