THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Sri. Santhosh Kesavanath P., President
Smt. Bindhu M. Thomas, Member
Sri. K.N. Radhakrishnan, Member
CC No. 125/2008
Tuesday, the 28th day of June, 2011
Petitioners : 1) K.K. Nadarajan,
Chithira,
S.Puram P.O
Kurichy.
2) P.R Gopalakrishna Pillai,
Thrikkarthia
--do--.
3) P.A Abraham
Pallathara
-do—
4) Sunny.
Puthanpurayil
--do—
5) Dayanandan
Arun Niva,
--do—
6) Harikumar,
Vazhakkattu House,
--do—
7) K.R Ashok Kumar
Kochuparambil
--do—
8) N.K. Kuruvilla,
Nadukkethuruthiyil,
--do—
9) Babu Varkey
Darsana
-do—
10) Jacob V. Abraham
Venattukalam
--do—
11) Cheriyan Punnoose,
Pallathara,
--do—
12) N.M Joseph,
Njattukalayil,
--do—
(By Adv. Sajan A Varghese)
Opposite parties : 1) The Kerala Water Authority
reptd. by its Exe. Engineer,
P.H. Division,
Thiruvalla.
2) The Asst. Exe. Engineer,
P.H. Sub Division,
Kerala Water Authority,
Changanacherry.
O R D E R
Sri. Santhosh Kesavanath P. President
This petition is filed on 29..5..2008. Gist of the complaint of the petitioner’s is that petitioners were the domestic consumers of opposite party water authority. Petitioner’s were inharitants of Ward No. 3, 4 and 14 of Kurichy Grama Panchayath and were solely depending upon the water connectionsgiven by opposite party for their daily domestic use of water. Opposite party is supplying water to the different wards of the Kurichy Grama Panchayath on turn basis. Petitioner’s were regularly paying water charges to the opposite party. Opposite parties were not taking meter reading of the petitioner’s regularly. According to petitioner opposite parties were deficient in service for the supply of water to the petitioner consumers. So this petition is filed seeking direction to the opposite party to give sufficient water to the petitioner’s properly without any interruption. Petitioner claims Rs. 10,000/- each towards compensation.
Opposite party entered appearance and filed version contenting that the petition is not maintainable. According to the opposite party the water supply scheme to Kurichy Panchayath is not having an independent source. The common source of various water supply schemes namely Kuttanad Water Supply Scheme, covering 17 panchayath in the lower and Upper Kuttanad areas. Water Supply Scheme to Peringara Panchayath is being utilised for the water supply of Kurichy Panchayath along with 3 other sub urban Panchayath, Changanacherry municipal town. The common source is located at Thiruvalla. Which is collected in over head storage
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reservoir at Cherukarakunnu in Changanacherry. This water is being utilized for supplying water in the four sub urban panchayath including Kurichy. The water is distributed in Kurichy Panchayath area by dividing the entire distribution area of Kurichy Panchayath in to four Zones. Supply to each of the above four zones is once in four days. Petitioner’s are in the Homeo College zone, where the normal supply is once in four days. Supply to each zone including the petitioners area is about 3, 4 hours once in four days. petitioners are getting a share of the above mentioned supply. Most of the petitioners are defaulters in remitting water charge. Even though there is delay in taking meter reading. Water charges collected is based on the consumption and provisional basis. As a permanent solution for solving shortage of drinking water a project has been prepared by the opposite party and is trying to implement the same. According to the opposite party there is no deficiency in service on their part. They pray for dismissal of the petition with their costs.
Points for determinations are:
i) Whether there is deficiency in service on the part of the opposite party?
ii) Relief and costs?
Evidence in this case consists of affidavit filed by both parties and Ext. A1 to
A12 documents on the side of the petitioner and Ext. B1 series documents on the side of the opposite party.
Point No. 1
The crux of the case of the petitioner is that they are not getting proper water through the water connection given by the opposite party. Opposite party admitted that a portion of the treated water is pumped to Changanacherry, which is collected in the over head storage reservoir at Changanacherry and a portion of the water is
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distributed in the Kurichy Panchayath. Regulation VII (a) of the Kerala Water Authority (Water Supply) Regulation 1991 states that no house connection shall be given to any applicant, if in the opinion of the Assistant Executive Engineer, the pressure in the main is not sufficient for providing the connection. So, it is the duty of the Assistant Exe. Engineer to check whether there is sufficient pressure in the main to give a connection to a consumer. So, after giving a connection the opposite party is estoped from saying that they can only give a portion of the water once in four days ie. even for a 3 or 4 hours. Counsel for the petitioner filed IA 508/2009 seeking direction to the opposite party to produce the regular water meter records of the petitioners and also to furnish the date on which the last water connection was given at Kurichy Panchayath, after 2006. Petitioner has a definite case that opposite parties without providing sufficient water to the existing consumers is giving new connection to new consumers in the same locality. Opposite party has not produced the records, as prayed by the petitioner, even after fora directed them to produce the same. Opposite party produced certain personal ledgers of the petitioner consumers. Opposite party has not produced the meter reading register or any record to show the consumption of the petitioners. Further, more the opposite party has not produced the records with regard to the water connections given at Kurichy Panchayath after the year 2006. So, in our view opposite party is giving water connection without following the regulation VII (a) of water supply regulations. Further more, opposite party is not complying regulation 13 (B) of the water supply regulation for fixing the monthly rate of water charges based on the average consumption of the water. Even though opposite party averred in the affidavit that they have no infrastructure to give proper water to the petitioners on various reasons but they have not adduced any
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evidence to prove the same. Opposite party in their affidavit stated that opposite party has taken sincere efforts to redress the grievance of the petitioners and utilizing the available resources to its maximum. But nothing has been placed on record to prove that a single drop of water was given to the petitioners. In our view act of the opposite party amount to clear deficiency in service. So, point No. 1 is found accordingly.
Point No. 2.
In view of the finding in point No. 1. Petition is allowed. In the result the following order is passed.
a) Opposite party is ordered to give the petitioners un interrupted supply of water regularly if possible if not at least in alternative days.
b) Opposite party is directed not to give any new connection to the locality of the petitioners in violation of regulation VII (a) Kerala Water Authority (Water Supply) regulation 19991.
c) Opposite party is ordered to pay an amount of Rs. 1,000/- each to each petitioners as compensation for the loss and sufferings of the petitioner.
d) Opposite party is ordered to pay an amount of Rs. 2,000/- as litigation cost to the petitioners.
Order shall be complied with within one month of the receipt of the copy of this
order.
Dictated by me, transcribed by the Confidential Assistant, corrected by me and
pronounced in the Open Forum on this the 28th day of June, 2011.
Sri. Santhosh Kesavanath P., President Sd/-
Smt. Bindhu M. Thomas, Member Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
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APPENDIX
Documents for the petitioner
Ext. A1: Copy of the provisional invoice card of consumer No. 588 K.
Ext. A2: Copy of the provisional invoice card of consumer No.. 809 K.
Ext. A3: “ “ No. 515 K
Ext. A4: “ “ No. 309 K
Ext. A5: “ “ No. 1243 K
Ext. A6: “ “ No. 211 K
Ext. A7: “ “ No. 560 K
Ext. A8: “ “ No. 1272 K
Ext. A9: “ “ No. 122 K
Ext. A10: “ “ No. 701 K
Ext. A11: “ “ No. 49 K
Ext. A12: “ “ No. 910 K
Documents for the Opposite party
Ext. B1 series : Consumer personal ledgers of the consumers.
By Order,
Senior Superintendent
