banner_ad

Liability of Municipal Corporation under consumer protection act



The liability of municipal corporation was decided by the apex Court in a very recent judgment in the case of Vadodara Muncipal corporation vs. Purshottam V. Murjani and others. In the said case, the Sursagar lake which was under the control and management of the corporation was given on lease to Ripple Aqua Sports club for managing the affairs of the boating club.  On 11.8.93, against the capacity of 20 persons, 38 persons were allowed to ride in the boat which resulted in the death of 22 passengers.

The victims had approached the state commission which ruled in their favour. The order of the state commission was also confirmed by the national commission. Before the Supreme Court, the corporation had contended that the corporation was not a service provider and had no privity of contract with the victims. It was only facilitating the plying of the boat and the liability was of the contractor.  The corporation had not direct control over the contractor or its employees.

The Supreme Court held that the specify activity was covered by the statutory duty of the corporation. Mere appointment of a contract or contractors did not absolve the corporation of its liability to supervise the boating activities particularly when there are express stipulations in the contract entered with the contractor. The corporation was not only discharging its statutory duties but also was acting as service provider to the passengers through its agent. The corporation had a duty of care, when activity of plying boat is inherently dangerous and there is clear forseeability of such occurrence unless precautions are taken like providing life saving jackets.  The Court further held that in private law remedies, just and fair claims of citizens against public bodies have to be upheld and compensation awarded in tor.

The Supreme Court upheld the liability of the corporation under the consumer protect act. 




Published by


lawyer

i am a lawyer practising in the madras high court. I like to write articles on any branch of law.

CCI Pro

Comments


Related Articles


Loading


Popular Articles





CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news

CCI Articles

submit article


Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details