Bengaluru Consumer Forum Denies Claim Against Defence Ministry For Private Vehicle Destroyed During 2019 Air Show

The forum led by President K S Bilagi in its order dated October 3 held that Indian Air Force was managing fire safety only inside the perimeter and that fire safety outside had to be provided by the State government. "Admittedly the incident of fire and the place of burnt by fire car of the complainant was outside the perimeter. Under such circumstances OP's are not liable."

The complainant had claimed that opponents being the organisers failed to take care of the parking area and thereby his vehicle was completely destroyed. The insurance company paid only Rs 26,84,600 against the total loss of Rs 37,82,156.

The complainant sought a compensation of Rs 9,84,524 towards the cost and expense of purchase for the new vehicle. Further, Rs 4 lakh for the mental agony suffered and Rs 1 lakh towards litigation expenses.

The opponents opposed the plea and contended that the complaint is not maintainable either in law or on facts and sought its dismissal.

Finding:

Firstly, the forum noted that the complainant has received the total sum assured amount less Rs 2,000 from the insurance company. Therefore, the complainant is not right in saying that he received less amount from the insurance company.

Then it said, "The opponent is not liable to pay the difference in cost of new vehicle and old vehicle as new vehicle is not purchased by the complainant. The new vehicle was purchased by Anasuya Chandrappa Convention Hall."

Further referring to the air show ticket dated 23-02-2019 the bench said, "The complainant purposefully has not produced the ticket with terms and conditions. It clearly indicates that the complainant has not approached this commission with a clean hand only with an intention to make wrongful gain by suppressing facts."

Finally, it held that the complainant has failed to prove deficiency of service on the part of OP's and thus, the complainant is not entitled to any amount.

Case Title: Goutham B C v. Government of India.

Complaint no: 233/2021

Appearance: Advocate Sam George for Complainant; Advocate Kumar M N For respondent

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