Mumbai desperately needs an Brockovich to lead a collective and build a case against the mighty municipal body.
Mumbai desperately needs an Erin Brockovich to lead a collective and build a case against the mighty municipal body.
While the consumer forum would be the first choice to seek compensation for individual losses against giant government entities, those who have developed health problems or even lost a dear one because of pothole-ridden roads seem to be reluctant to approach the forum.
“Complaints of this nature [against potholes] are so rare that I hardly remember any case,” said MS Kamath, a consumer activist.
Then, there are legal hurdles.
Shirish Despande, chairman of the Mumbai Grahak Manch and a practising lawyer, said: “An individual approaching the forum with grievances such as health complication due to potholes may get bogged down with requirements such as a doctor’s certificate or proof that the particular road mentioned in the petition has actually caused the problem.”
Supporting the “Erin Brockovich approach”, he added: “A better method would be to zero down on a particular area where residents can approach a consumer welfare body to represent them in the forum and build a case not just against the civic body, but also against the real culprit — the contractor.”
Consumer activist Rajan Alimchandani stressed on the need of intervention of legal experts. “People have to understand that they cannot directly hold the contractor responsible because there is no contract between the two. So, they can get together against the civic body, which, in turn, will seek answers from the contractor."
Despande said a claim of over Rs1 crore will be heard in the National Consumer Disputes Redressal Council, while claims less than Rs1 crore could be settled in the state forum.
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