Help on offer for pothole victims in Mumbai

Consumer lawyers and activists are worried more over the inaction of the city’s pothole victims than over the apathetic attitude of the authorities concerned.

If the reluctance of the victims in seeking compensation for the losses they suffer because of potholes stems from the fact that municipal authorities cannot be made to cough up the same under the present legal system, then there are many lawyers and activists willing to help.

“We pay direct taxes to the BMC, which is a service provider. That makes us consumers in all senses of the term. We can file a collective complaint against the BMC for compensation to the tune of Rs1 crore,” said Rajan Alimchandania, a consumer activist with over a decade’s experience.

“This is a fit case for class action since there are lakhs of people affected by it. The Consumer Protection Act has been amended to accommodate such cases,” said Shirish Despande, a practicing lawyer and chairman of Mumbai Grahak Panchayat. “It is essential for people to express their anger,” added Anand Patwardhan, president of the Consumer Forums Advocates’ Association.

If a group of residents seeks help of a consumer association, they would be required to be present in the court only once to sign an affidavit, explains Alimchandani. “While they will be helped in drafting the complaint free of cost, they may have to pay some minor legal fees,” he added.

According to experts, one just needs to carry the details of the accident, a copy of the FIR, a medical certificate in case of injury, details of what kind of compensation one expects and categorise individual losses in case of group complaints.