COMPLAINT FILED: 29-07-2009 <br /> DISPOSED ON: 21-11-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 21ST NOVEMBER 2009<br /> <br /> PRESENT :-SRI. B.S.REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1795/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Kumari A.G.Manjula,<br /> D/o. Late A.K.Gundu Rao,<br /> Aged about 51 years,<br /> Now Residing at No.9,<br /> Krishnappa Garden,<br /> Tilak Nagar, Jayanagar,<br /> Bangalore – 560 041.<br /> <br /> Advocate – Sri.Arun.K.S<br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY H.Yella Reddy,<br /> Age:Major, R/at No.3/1,<br /> 19th ‘A’ Main Road,<br /> 13th Cross, Sri.Venkateshwara Layout,<br /> B.T.M 1st Stage,<br /> Bangalore .<br /> <br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Party (herein after called as OP) to rebuild compound wall of the complainant and to rectify the leakage in the taps and further to pay compensation of Rs.50,000/- for mental agony caused with interest at 18% p.a. on an allegations of deficiency of service on the part of the OP.<br /> <br /> The case of the complainant to be stated in brief is that:-<br /> 2. She is residing at No.9 Krishnappa Garden, Tilak Nagar, Jayanagar 4th ‘T’ Block, Bangalore. OP is the owner of adjacent to the property bearing No.10. OP has rented out 5 shops and a house of that property to the tenants. 2 taps are provided to that premises for supply of drinking water, the said 2 taps were linking to the compound wall belonging to the complainant. Due to the leakage of the said 2 taps the compound wall belonging to the complainant was damaged. OP inspite of several times request failed to carry out the taps repaired. Legal notice was issued for payment of compensation. OP has not replied for the same. Thus the complaint.<br /> <br /> 3. OP after appearance filed version contending that complaint is not maintainable, the complainant is not a consumer and OP is not a service provider, as such the complaint is liable to be dismissed. The allegation regarding the complainant residing in property No.9 is not within the knowledge of the OP. It is admitted that OP is owner of the property bearing No.10. It is denied that the compound wall of the complainant was damaged, on account of leakage of the taps fixed to the premises of the OP. Hence it is prayed to dismiss the complaint with exemplary cost. <br /> <br /> 4. The complainant to substantiate the complaint allegation filed affidavit and OP has also filed affidavit in support of defence version. The complainant has produced photographs of her premises. <br /> <br /> 5. After perusing the pleadings and affidavit evidence, the documents and on hearing both the sides point that arise for our consideration is:-<br /> <br /> Point No. 1 :- Whether the dispute alleged in the <br /> Complaint is of consumer dispute<br /> amenable to the jurisdiction of this<br /> Forum ?<br /> <br /> 6. We record our findings as Negative on the above point for the following :-<br /> <br /> R E A S O N S <br /> 7. The grievances of the complainant is that she is residing in property No.9 of Krishnappa Garden, Tilak Nagar, Jayanagar 4th ‘T’ Block, Bangalore and her compound wall was damaged on account of leakage of water from the taps fixed to the premises bearing No.10 which is adjacent to her premises belonging to the OP. The complainant is not a consumer as defined under the Consumer Protection Act and OP is also not a service provider. In view of the same, the complaint itself is not maintainable in this Forum. Under these circumstances without the complainant being a consumer and OP being a service provider, the dispute regarding the repairs of the compound wall of the complainant does not fall within consumer dispute amenable to the jurisdiction of this Forum. The complaint is devoid of merits, the same is liable to be dismissed. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> The complaint filed by the complainant is dismissed holding that the dispute arisen is not a consumer dispute amenable to the jurisdiction of this Forum. In view of nature of dispute no order as to costs. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 21st day of November 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br /> <br />