Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
(1) We had issued notice to both the parties. Despite notice sent by ordinary post both parties are absent. Hence, we perused the impugned judgement delivered in Consumer Complainant No.465/2000 decided on 01.07.2002 by the District Consumer Disputes Redressal Forum, Thane.
(2) Appellant was the Complainant in the District Forum. He pleaded in his complaint that he is residing at Om Shri Mayuresh Society, Dr.Rajendra Prasad Road., Dombivli (E), Distrcit – Thane. On 10.01.2000 in the evening at about 09.00 O’clock when he was going along with his wife for an auspicious job of attending to the garlanding ceremony of newly purchased Tata Tempo, since there was open manhole his wife fell into the manhole and she suffered fracture. She was admitted immediately in Shushrusha Orthopedic Hospital. Main grievance of the Complainant was that Kalyan Dombivli Municipal Corporation did not put cover on the open manhole and therefore, his wife suffered fracture and therefore, he claimed `4,212/- as expenses incurred for the treatment on his wife and also claimed `1,00,000/- as compensation.
(3) Opponent Municipal Corporation filed written version and resisted the claim. They denied that they are guilty of deficiency in service. The District Forum, particularly on considering rival contentions and perusing the papers held that Complainant had failed to establish that his wife suffered fracture and incurred expenses of `4,212/-. The District Forum also held that there was no Doctor’s certificate produced on record to prove that there was fracture to his wife but since he had filed affidavit the District Forum held that Complainant might have incurred expenses of `4,212/- over the treatment of his wife. The District Forum holding that Complainant had failed to establish any negligence or deficiency in service on the part of the Municipal Corporation in not putting cover on the open manhole, was pleased to dismiss the complaint. Aggrieved by the dismissal of the complaint the original Complainant has filed this appeal.
(4) On perusal of the impugned judgement, we are finding that the order passed by the District Forum is just, proper and sustainable in law. There is no proof to show that Complainant’s wife suffered fracture because of the open manhole left by the Municipal Corporation. We are finding no substance in the appeal and hence, we pass the following order:
O R D E R
(i) Appeal stands dismissed.
(ii) No order as to costs.
(iii) Inform the parties accordingly.
Pronounced on 22nd September, 2011.
