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Judgement of National Commission on Consumer Protection. (Civil Law)

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Author : SATISH KUMAR PANIGRAHI

Posted On 02 June 2008 at 19:36

Sir,
I need the detail judgement given by Hon'ble National Consumer Dispute Redressal Commission on April 20, 2008 in the matter of Consumer Education & Research Society (CERS) & Ors. v/s Ahmedabad Municipal Corporation (AMC) & Ors. regarding-Is a consumer complaint maintainable for supply of contaminated water?-can a citizen take action against Municipal Corporation for dirty water?

From
Satish Kumar Panigrahi
Advocate-cum-Consumer Activist
Brahmapur, Orissa.
email:skpanigrahi30@gmail.com




Expert : H. S. Thukral

Posted On 02 June 2008 at 21:38

[NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION]
NEW DELHI
Consumer Education and Research Society and Others
v
Ahmedabad Municipal Corporation and Others


M. B. SHAH (PRESIDENT)

30 Apr 2008

BENCH
M. B. SHAH (PRESIDENT) & RAJYALAKSHMI RAO (MEMBER)

CASES REFERRED TO
A. P. Pollution Control Board Ii v Prof. M. V. Nayudu (Retd.) and Others 2000 Indlaw SC 2748
Narmada Bachao Andolan Vs. Union of India [2000 (10) SCC 64]

ACTS REFERRED
Constitution Of India, 1950[art. 21]
Consumer Protection Act, 1986[s. 14(1) (d)]


CASE NO
Original Petition Nos.125 & 126 of 1994


EDITOR'S NOTE
Consumer Protection Act, 1986 - Application with regard to supply of and getting of pure drinking water - Complainants submitted that jaundice epidemic occurred because of the contaminated supply of drinking water by Ahmedabad Municipal Corporation which is responsible for supply of water, repair and maintenance of pipelines and drainage facilities, and epidemics of water borne diseases were regular occurrence in Ahmedabad - Held, higher officers are supervising the pipelines periodically to avoid any contamination and also take remedial steps like washout and flush out and de-silting and curing corrosion from the pipelines - One of the functions of the State Consumer Protection Council is to see that the consumer is informed, inter alia, about the quality, quantity and purity of the water and services rendered by the authority including the AMC and that is not hazardous to life or health - Directions issued that officers of the Municipal Corporation shall comply with the office order for fortnightly inspection of water tanks and file a fortnightly testing report of the water supplied from the source, AMC to adhere to the WHO's guidelines namely preventive management "framework for safe drinking water" - Application disposed of.


KEYWORDS
Constitution Of India, 1950, Consumer Protection Act, 1986, Delhi, Application disposed of, Municipal Corporation, WATER, MUNICIPALITIES & LOCAL GOVERNMENTS, Animals, f Ob, Quality



LAWYERS
Vikas Mehta, H.S. Parihar, Hemantika Wahi, Sadhana Sandhu


.JUDGMENT TEXT

The Judgment was delivered by : HON'BLE JUSTICE M. B. SHAH (PRESIDENT)

Law on the subject on supply of and getting of pure drinking water:

(a) Basic need:

The Apex Court in Narmada Bachao Andolan Vs. Union of India, 2000 (10) SCC 64 observed: Water is one element without which life cannot sustain. Therefore, it is to be regarded as one of the primary duties of the Government to ensure availability of water to the people.

The Court also held : (para 248)

"Water is the basic need for the survival of human beings and is part of the right to life and human rights as enshrined in Article 21 of the Constitution Of India, 1950 and can be served only by providing source of water where there is none. The resolution of UNO in 1977 to which India is a signatory, during the United Nations Water Conference resolved unanimously inter alia as under:

"All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs." *

(b) Fundamental right:

The right to access to drinking water is a fundamental to life and there is a duty on the State under Art.21 to provide clean drinking water to its citizens. [re. 2000 Indlaw SC 2748, pr.3].

(c ) Right under the Consumer Protection Act, 1986:

As per the Statement of Objects and Reasons of the Consumer Protection Act and also Objects of the Consumer Protection Councils, contemplated under the Act, a consumer has the right to be informed about the quality, quantity, purity of goods including water or services which are rendered by the Statutory Authorities or in this particular case by the Ahmedabad Municipal Corporation (AMC) so that it is not hazardous to life or health.

Facts:

On the basis of the order passed by t



Author : SATISH KUMAR PANIGRAHI

Posted On 17 March 2009 at 21:48

Sir,
Being a lawyer and Secretary General of a registered & leading ngo for protection of consumers' rights namely "VEDIC", of Ganjam dist. of Orissa, I need more such type of landmark judgements (especially Water, Telecommunication, Electricity, etc.) of Hon'ble Supreme Court of India & National Consumer Dispute Redressal Commission, New Delhi

Satish Kumar Panigrahi
Advocate-cum-Social Worker
Brahmapur, Orissa.



Expert : Hiralal Das

Posted On 05 April 2009 at 00:14

A lot of thanks to Mr. Thukral and also to Mr. Panigrahi.


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