Ref : ER/Press/04/Nishant.42/JSD

Commission Orders Builders to Pay Rs. 2.5 Lakh for Boy’s Death

The State Consumer Disputes Redressal Commission has directed the builders and developers of Nishant Bungalows, Satellite Road, Ahmedabad, to pay Rs. 2.5 lakh to Mr Ajaybhai Jashwantbhai Patwa as compensation for the death of his 14-year-old son Pavan Patwa by electrocution at a common plot of the housing society.

Consumer Education and Research Society (CERS), Ahmedabad, and Ajaybhai Jashwantbhai Patwa had filed a complaint with the Commission. The complaint stated that Hasmukh Shah Realty and Shalin Hotels Ltd — builders and developers — had retained the overall control and management of Rashtrapal Co-op Housing Society of Nishant Bungalows and were responsible for the deficiency in the services of electricity.

On 14 May 1993 Pavan accidentally touched an electric pole at the common plot and was electrocuted. The inspectors and supervisors of the Ahmedabad Electricity Company visited the place on 17 May 1993 and reported that the builders, developers and the society had taken an unauthorised electric connection up to the pole which caused the accident.

Hasmukh Shah Realty and Shalin Hotels contended that the bungalows were completed in November 1992 and the maintenance of the society had been handed over to Rashtrapal Co-op. Housing Society and hence they did not come under the purview of the case, nor were they liable for the incident.

The society raised the area surrounding the pole for the purpose of landscaping, leaving a gap of 4 inches between the top of the mound and the fuse box in the pole. Water sprinkled on the mound would have entered into the fuse box and caused the electrocution. For this, the builders and developers could not be held responsible, they replied.

The Commission concluded that Hasmukh Shah Realty and Shalin Hotels retained the overall control, management and supervision of the society.

On several occasions the common plot was used by members of the society and electricians were called for extra lighting. There was one such occasion in Patwa’s family also. Navratri was celebrated on the common plot and it lasted till late night.

Thus the Commission concluded that the responsibility for the deficiency in service and negligence devolved on the builders and developers and members of the society. The Commission awarded a compensation of Rs. 5 lakh to Ajaybhai Patwa for the loss of life of his son but apportioned the amount to the extent of 50 per cent between the builders - developers and members of the housing society.

The builders - developers were directed to pay Rs. 2.5 lakh with 6 per cent interest from the date of complaint till payment and Rs. 10,000 as cost.

Date : 06/09/2004
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

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CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad - 380 054 (INDIA)
Phone: 079-27489945-46 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
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