CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO.146/2009 Date of filing: 05/02/2009

IN CONSUMER COMPLAINT NO.122/2008 Date of order : 05/08/2009

DISTRICT CONSUMER FORUM, THANE



1. Mr.Dinkar Sadashiv Badhe

2. Mrs.Hemlata Dinkar Badhe

Both R/o.401, Manibai apartment

Next to Pramila Hospital, Old Mumbai Pune Road

Kalwa, Taluka & District Thane ………..Appellants/org.complainants

v/s.

The Municipal Commissioner

Thane Municipal Corporation

Panchpakhadi, Thane (West) ………Respondent/org.O.P.



Corum: Shri S.R.Khanzode, Hon’ble Presiding Judicial Member

Smt.S.P.Lale, Hon’ble Member

Present : Mr.Dinkar Sadashiv Badhe-appellant no.1 in person

O R D E R



Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member



1. This appeal arises out of order/award dated 15/11/2008 passed in consumer complaint no.122/2008 Mr.Dinkar Sadashiv Badhe & another V/s. Municipal Commissioner, Thane Municipal Corporation, Panchpakhadi, Thane by District Consumer Forum, Thane (“Forum below” in short).

2. Appellants/original complainants are the parents of the late Siddhesh and late Nikhil. Late Siddhesh and Nikhil died in a road accident near Manisha Nagar, Kalwa area of Thane Municipal Corporation on 30/9/2005. Both of them were going to school on their bicycle and fell on the road when their bicycle bumped on from one of the ditches of the road. They were crushed under the wheels of a truck coming from behind them and died. It is contended on behalf of the complainants that since the Thane Municipal Corporation failed to take proper care and did not maintain the roads properly, the accident had taken place and therefore they claimed Rs.10 lakhs as compensation by filing a consumer complaint. Forum below dismissed the complaint and feeling aggrieved thereby, this appeal is preferred by the original complainants.

3. We heard one of the appellants Mr.Dinkar Sadashiv Badhe for himself and on behalf of his wife. Perused the record.

4. In the appeal memo narrating the facts in para 2, it is alleged that after the accident, mob assembled got violent, halted traffic for two hours and protested and showed displeasure about the working style of the Corporation, particularly, about mal functioning, carelessness, negligent attitude and corruption in the Corporation. It is also alleged that collusion between the road contractors, bureaucrats and the Corporators were the reasons behind the accident and events which followed after the accident. It is also alleged that the appellants were promised to give compensation of Rs.1 lakh and to absorb either of the parents of the deceased children in the employment of the Corporation. It is also stated that appellant-complainant no.2 Hemlata was accordingly given job under the contract of Corporation i.e. M/s. Horison Services and assigned the work of computer feeding in the Property department during the period 9/6/2006 to 8/9/2006, but thereafter was discontinued from the services. A compensation promised by the Hon’ble Mayor of Rs.1 lakh and the job was not given to the appellants and therefore, they thought of committing suicide. It is alleged that due to untimely death of their children, the appellant’s family life got disturbed. Consumer complaint was filed by them on 04/03/2008 inter-alia claiming the relief to pay compensation of Rs.10 lakhs for each of children, namely, Nikhil and Siddhesh. In support of their complaint one of the appellants/complainants Hemlata filed her affidavit which is just a summarization of the situation on her own without any corroboration or proving the facts. The reliefs claimed and the background of the circumstances on the basis of which the compensation is claimed, certainly will not come within the ambit of section 14 of Consumer Protection Act, 1986 (Herein after referred as “Act”). There is neither any relationship of consumer and the service provider between the original complainants and the Municipal Commissioner of Thane Municipal Corporation within the meaning of the Act. Consumer complaint is not tenable at all. Further, the unfortunate accident had taken place on 30/09/2005, while the consumer complaint was filed on 04/03/2008 i.e. beyond the limitation period of two years. No delay condonation application is filed. Under the circumstances, Forum below rightly dismissed the consumer complaint. We find no reason to interfere with the impugned order/award. Holding accordingly, we pass following order:-

ORDER

1. Appeal stands dismissed in limine.

2. No order as to costs.

3. Copies of the order be furnished to the parties.





(S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member



Ms.