Developer told to pay Rs.2 lakh to flat owner over fire safety lapses
Mohali, June 26 -- The district consumer disputes redressal commission, Mohali, directed the management of Omega City township in Kharar to pay Rs.2 lakh compensation to a flat owner whose household belongings were damaged in a fire incident, holding that the society failed to install adequate fire safety measures.
The order came on a complaint filed by Harkawal Kour, owner of flat number 222 C&D in Omega City on the Kharar-Ludhiana Highway. The complainant sought compensation after a fire broke out in her flat on January 31, 2024, causing damage to several household items.
According to the complaint, Harkawal Kour purchased the flat in April 2021 and had been residing there since October that year. She alleged that at the time of purchase, project representatives assured her that the society had effective fire prevention and fire safety systems in place.
The complainant stated that a fire engulfed her flat at around 1.20 pm on January 31, 2024, damaging furniture, appliances and other household articles. She contacted the fire department, which inspected the site and prepared a report. She further claimed that fire department officials informed her that notices had been issued to the society in 2021 for installing fire safety systems.
After the incident, she served a legal notice on the society management and sought compensation of Rs.10 lakh for the losses suffered. When no response was received, she approached the consumer commission.
In their defence, Omega City management denied negligence and alleged that the fire resulted from the complainant's own actions. The society relied on the findings of an internal committee, which concluded that the fire started after a hair dryer allegedly left on a bed overheated when power supply resumed following an outage.
The committee estimated that articles worth about Rs.3 lakh were damaged in the incident. The society also produced documents showing that it had sought quotations and placed orders for fire safety equipment before the incident.
However, the panel observed that the management failed to place on record any occupancy certificate or proof showing that fire extinguishers and other fire safety measures had been installed in the complainant's block before possession was handed over.
The panel noted that the society management had a responsibility to ensure proper fire safety arrangements before residents occupied the flats. It also observed that material placed on record indicated that fire safety systems had not been installed at the time of the incident.
Holding Omega City management deficient in service, the commission partly allowed the complaint and directed the developer and society management to pay Rs.2 lakh to the complainant. The amount includes compensation for damaged household articles, mental agony, harassment and litigation expenses.
The panel ordered that the payment to be made within 30 days, failing which the amount will carry interest at the rate of 6 % per annum from the date of the order until realisation....
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