Advocate for the complainant- None.
Advocate for the O.Ps - None
Date of filing of the case- 27.03.2023
Date of order - 11.07.2023
JUDGMENT
Smt. Jyotsna Rani Mishra , Member
Case of the complainant is nutshell:-
Complainant MR. Namajagnya Mishra , S/O- Late Kshirodra Mishra as a consumer solemnly affirm and State as - residential house at Barpalipada , Bolangir A plastic pipe water. Water channel was installed by PHD Department for Dirking water by J.E of Department. and took water connection on 27.04.2010 . after paying due security and charges. But did not get any water from this connection consumer No. 3503(1) . complainant reported the matter verbally and writing in complain book also then J.E assured him to check the matter and do needful for water supply.
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Nothing was done to supply water in his connection . complainant reported SDO (1) PHD for remedial measure asking him to stop billing till he get water. First petition filed on 03.07.2010 and then on 12.10.2010 for dis connecting water connection by cancelling consumer ship that had not been enjoying the water due to non flowing of water vide consumer No. 3503 (1). for some time no any response and no bill case, on receiving some phone call to pay water charges . complainant reported again on dt. 17.07.2014 for stopped billing since complainant not getting any water. Again complainant received a bill for water charges and letter from Executive Engineer (PHD) to pay Rs. 1518/- for water charges from inception up to 5/2014. Again same thing is happened that complainant not enjoying the water requested SDO to stop billing and for disconnecting the pipe connection . The copy of the petition received by office of the SDO on 23.07.2014 . Then complainant challenged that he will pay entire water charges if they can show any PHD water flowing to his connection.
Nothing was heard up to 2019 and in that year 2019 plastic pipe was replaced by iron pipe entirely in complainant5 street . so complainant requested Mr. Behera ( Asst engineer) to cancel his ledger consumer No.3503 adjusting from security deposit and ready to make security deposit newly as new consumer but Mr. Behera gave a suggestion that not enjoying pipe water since 28.04.2010 to up-to-date . and he had joined in the year 2012 can’t do anything about 2010 to 2012. And clear the arrear dues of 2010 to 2012 of RS.3045 /- and can give connection to complainant house . and new connection was provided to complainant on 21.09.2019 but still some defects. Reported this to SDO on 27.09.021 after this staff and Asst. Engineer Mr. Behera a set right connection and fact getting water from 28.09.2019. and paying charges regularly from 9/2019.
And again when complainant went to pay the water rent on 13.04.2021 surprised that bill from Nov . 12 to 27.09.2019 not been remitted and Rs.9980/- is running as balance amount Accordingly complainant filed petition in the office of SDO cum Asst. Executive officer on dt. 19.04.2021 who in his letter NO.606 dt.27.04.2021 asked for report from Asst. Engineer , P.H. Section , old town , Bolangir Mr. Behera the Asst. Engineer , enquired and took the copy of relevant papers but did not send any report. Then complainant served a notice to Asst. Executive Engineer – cum SDO . PH. Subdivision Bolangir on dt. 20.10.2022 for remits of illegal water charges. within 15 days of receipt of notice. After received of this notice the S.D.O issued to Asst. Engineer again to send report soon vide copy of memo No. 1177 dt. 27.10.2022 but since there is no action to his grievance yet been done.
The complainant relies on the following document –
1 . Aadhar Card
2.Copy of receipt No. 70930181 dt. 17.04.2010
3. petition to S.D.O 03.07.2010
4.petition to S.D.Ofor disconnection 12.10.2010
5. petition to S.D.O Dt.17.07.2012
6. Public petitioner 10.05.2013
7. Receiptdolphin courier
8. Copy to Application to executive Engineer -3
9. Chit to J.E
10. Water card receipt 3050/-
11. Petition to A.E (PHD)27.09.2019
12. Petition to SDO (PHD)19.04.2021
13. Receipt of above SL12
14. Memo No. 606 Dt.27.04.2021
15. Memo No.1177 Dt.27.10.2022
16. AD of AEE (PHD)
17. Notice
18. Discharge certificate of APPALO
Having gone through the complainant its accompanied documents and on hearing the complainant prima facie it seemed to be a genuine case hence admitted and notice to the opposite parties were served and in response they appeared and filed their version.
The rival contention as per their version is a denial to the case of complainant , as per their averment OPS said that all the accusation made by complainant is false and fabricated and Ops stated that complainant had taken the water supply connection on dt. 27.04.2010 by deposing security amount Rs.3560/- (from which Rs.3000/- for scrutiny fees Rs.500/- for penalty and Rs.60/- for Security deposit and penalty fees for taken illegal connection since lagging of pipe line in the area of Barpalipada and Mr. Behera a assured the consumer for reconnection of pipe line again after payment was made water supply has been affected on sept.2019 to Sri Mishra till now. And there is no provision for waiving out of water tax . i.e. Govt .revenue . The connection was continued up to sept.2019 in the period from Nov 2012 , an additional water tax of Rs.9980/- has been a cumulated. If Sri Mishra had paid the up to date water tax in the year 2012 it may be closed a long ago and payment of water tax Rupees 9980.00 has not been arised and put a false allegation on Sri Behera as he did not waive out the arrear water tax bill.
Taking the above facts and evidence I found on the record of this commission feels and observe that complainant had after payment of all the fees and security deposit etc. taken the PHD water connection for Domestic consumption . But water did not of came to this connection . and supply of No drop of water so complainant did not get any service from the Ops so it is fully under deficiency in service . by which complainant enormously spent a huge amount and non supply of water for a long period from 2010 to 2019 for which complainant suffered a lot . Hence Order.
ORDER
I directed to waive the entire differential amount of Rs. 9980/- and directed the OPs to not to collect the said amount.
PRONOUNCED IN THE OPEN COMMISSION TODAY I.E DATED 11th DAY OF July’2023.
