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Showing contexts for: function of functionary in Bathinda Development Authority vs Surinder Pal Gupta on 24 August, 2015Matching Fragments
11. Counsel for the complainant/respondent No. 1 was not available to contradict this plea and judgments referred by counsel for the appellant. Learned District Forum has not considered the proposition of consumer and service provider and only relied upon the judgment of Hon'ble Supreme Court titled as "Lucknow Development Authority Vs. M.K. Gupta" III (1993)CPJ 7 with regard to the functions of public functionary. In case public functionary acts maliciously or oppressively and the exercise of power in harassment and agony, then it is not an exercise of power but its abuse of power then public authorities are responsible for it and must suffer for it. But there is no evidence on the record that the disposal of the water was not made maliciously or oppressively to the suffering of the public.