suit for damages againast govt.

vinod bansal (Querist) 21 March 2009 This query is : Resolved
Sir
my house was got damaged due to breakage of a drain situated in front of my house (in public street)due to this breakage water entered & collected in my house resultly it got damaged my house badly.for filing suit for damages against govt. as the drain is operated & built by water supply deptt. Haryana what procedure & provision will apply.plz help

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sanjay singh thakur (Expert) 21 March 2009
Dear Mr. Vinod
You can validly file a case against the concerned Municipal Corporation as well as other authorities under the provisions of Consumer Protection Act, 1986. This is because it is the duty of govt. body/ies to maintain the same in which they have utterly failed. Moreover every land/house holder pays Municipal tax and the same is paid to maintain all these things. This very fact will make every tax payer Consumer in the eyes of law.
Regards.

vinod bansal (Querist) 21 March 2009
Thanks

Kiran Kumar (Expert) 22 March 2009
with due respect m not in agreement with the opinion of Mr. Thakur.

liabilty under Torts (though not directly available in India) is available against the govt...better the compensation is asked in the civil court.

ur case will also require voluminous evidence to be produced...govt. is not a service provider which is working for profit.

vinod bansal (Querist) 22 March 2009
u r rt mr. Kiran Kumar

PALNITKAR V.V. (Expert) 22 March 2009
Mr. Kiran Kumar is absolutely right. Suit for damages will definitely lie against the Corporation or Municipality as the case may be. However, normally a notice is to be issued before filing such a suit. Please check the local Municipal Act or Corporation Act. Take photographs, get a valuation report of damages besides other evidence.

B.B.R.Goud. (Expert) 22 March 2009
i do agree with my learned friends sri sanjay singh, sri kiran kumar and sri palnitkar.

first notice to be served and then the case can be instituted, for damages, as per the provisions of consumer protection act, law of torts, against the muncipal authorities, submitting the photos or video of the concerned damages.