PANKAJ NIGAM Vs. CHAIRMAN NAGAR PALIKA BARABANKI

JUDGEMENT

(1.) 1. Heard Mr. Sushil Kumar Sharma, learned Counsel for the appellant and Mr. Arun Tandon, learned Counsel appearing for the respondent Nagar Palika, Navabganj, Barabanki and its officials namely the Chairman and Executive Officer and perused the record.

(2.) THE complainant appears to be aggrieved of the judgment dated 29. 8. 1992/5. 9. 1992 passed by the District Consumer Forum, Barabanki whereby his complaint for recovery of damages was dismissed on the ground that the kind of dispute brought forth before the District Consumer Forum was not cognizable.

(3.) SHORTLY stated, it may be mentioned that the complainant Mr. Pankaj Nigam, Advocate had allegedly fallen into the manhole of a sewer tank as a result of which he suffered injuries and his photochromic spectacles were broken. The complainant claimed damages for the physical and mental sufferings, besides recovery of the price of his photochromic spectacles amounting to Rs. 150. The Nagar Palika Navabganj, Barabanki contested the complaint on the two-fold grounds - the first being that the complainant had filed his complaint with a view to wreak vengeance with the authorities of the Nagar Palika as he was annoyed with them on account of the litigation pending between his father and the Nagar Palika Navabganj, Barabanki; secondly there was no cogent piece of evidence to lend assurance to his plea of the accident.