DATE OF FILING : 24.2.2011
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 11th day of May, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDHU SOMAN MEMBER
C.C No.45/2011
Between
Complainant : A.P. Mathew,
Ayathupadathu House,
Idukki Colony P.O.,
Thannikkandam,
Idukki District.
(By Adv: V.C. Sebastian)
And
Opposite Parties : 1. The Assistant Executive Engineer,
Kerala Water Authority,
Section Office, Painavu,
Painavu P.O.,
Idukki District.
2. The Assistant Engineer,
Kerala Water Authority,
Section Office, Painavu,
Painavu P.O.,
Idukki District.
(By Advs: G. Premnath & Lissy M.M.)
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant is a consumer of the opposite party as consumer No.P.739. The opposite parties are not supplying the drinking water to the complainant for a long time. Eventhough the matter was reported to the opposite party they are not ready to supply the same properly. The opposite parties are supplying the drinking water only after one week of the report of the non-supply of the water. After 15.2.2011, the opposite parties are not supplying the drinking water to the residential connection. Several times the complainant contacted through telephone and written complaint was also given on 19.2.2011 and a receipt was also given by the opposite party. So this petition is filed for getting supply of drinking water in this residential water connection.
2. The opposite parties filed written version and admitted that the complainant is a consumer of the opposite party. But the complainant never filed any complaint before the opposite party on 15.1.2011 or on 19.2.2011. The opposite parties are ready to supply water to the complainant as he is a consumer of the opposite party. The supply for the water connection of the complainant was from the Painavu Sub Division from the distribution pipe fitted in the underground tank C.C. Lab under the said water supply scheme. It is having a length of 4 kms for the distribution line which is having 80 mm pipe, then it is distributed through 32 mm pipes and it is passing through the residence of the complainant. The water is supplying to District Ayurvedic Hospital, residence of the Collector, different forest offices, quarters, bank quarters, etc., and so
(cont....2)
- 2 -
there are about more than 40 residential connections are prevailing. The complainant's residence is at the end of the pipe line and is at the top of this connections. The existing water supply scheme of Painavu was established before 35 years and there are damages caused to them due to old age. The diameter of the pipe lines were also reduced due to the same. Eventhough the opposite parties are trying to supply the same with due care. In the summer season, the usage of water is very high and also because of misuse of water, there is scarcity in water at the highrange areas. That is not because of any latches from the part of the opposite parties. Hence the petition is not at all maintainable.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
4. No oral evidence adduced by both the parties. The opposite parties were absent after filing written version and the matter was heard from the part of the complainant.
5. The POINT:- As per the complainant, the opposite parties are not supplying drinking water to the residential water connection of the complainant regularly. Eventhough several complaints were given to the opposite party, they have never cared to do the same. A written complaint was given to the Assistant Engineer, Water Authority on 31.5.2010 and the copy of the same is produced by the complainant. It is stated in the complaint that the opposite parties are supplying water to hotels, hostels, for the construction of the flats, etc., which are not the domestic consumers of the opposite party. This is because of the non-scientific supply of water and there is scarcity of water to the domestic connections. These consumers are not domestic connections and they are storing from 5,000 to 10,000 litres of water in their water tank. The complainant and the people surrounding have to travel 2 to 3 kms for getting drinking water. A complaint was filed on 19.2.2011 to the Assistant Engineer of the opposite party by the complainant stating the non-supply of water and a receipt was given by the opposite party and the receipt is also produced. A complaint was given by Mr.Purushothaman, Baiju Vilasam, Idukki Colony P.O., Thannikkandam, on 19.2.2011 because of the scarcity of water and the receipt of the same is also produced. Then the non-supply of water was continued and the opposite parties were not caring the consumer. One Mr.Felix, consumer No.581, who had conducted strike before the opposite party's office so the Exicutive Engineer and Assistant Engineer has given an undertaking to the said Felix and the copy of the same is also produced. Complainants were given to the Sub Inspector of Police Idukki and to the DYSP of Vigilance and Anticorruption Beuro, Thodupuzha, by the complainant and other persons, copy of the same is also produced. Another complaint was given to the District Collector by 14 consumers of the opposite party and the copy of the same is also produced. The water connection pipe was broken and water was flowed through the road, the photo of the scene was also covered by the Mathrubhumi Daily on 27.2.2011 is also produced by the complainant.
It means that the complainant and people residing there at Thannikkandam are suffering from the non-supply of drinking water and several complaints were given to the opposite parties, but the opposite party never cared to reinstate the same. As per the written version filed by the opposite party, the complainant's house is at the end of the 40 number of water connections given such as District Ayurvedic Hospital, residence of the Collector and various quarters. The house of the complainant is also situated in a higher area and so there is scarcity of water. The water supply scheme was established before 35 years and so several damages has been caused to the pipe line
(cont....3)
- 3 -
due to the lack of maintenance, eventhough they are caring the distribution of water. In the summer season, there is scarcity of water and that is due to the high usual usage and misuse of water and not because of the latches of the opposite party.
On perusing the documents produced by the complainant and as per the complaint, the complainant and the people residing at Thannikkandam are affected with the serious scarcity of drinking water and several complaints were given to the opposite party. It is mentioned in the complaint that the complainant is not getting drinking water after 15.2.2011 onwards. But the opposite party never cared to rectify the same. So we think that the delay in suppy of drinking water to the residential connection is a gross deficiency from the part of the opposite party and the opposite parties are bound to suppy the drinking water to the people who are having consumer connection because they are promptly paying the bills to the opposite party. The maintenance also should be done by the opposite party without any delay. The opposite parties stated in the written version that they are ready to supply the drinking water to the complainant who is a consumer of the opposite party.
Hence the petition allowed. The opposite parties are directed to supply drinking water to the residential water connection of the complainant at least for 1 hour every day within 7 days of receipt of the copy of this order, if there is no other unexpected hindrance caused which is beyond the act of the opposite party. The opposite parties are also directed to pay Rs.500/- to the complainant as cost of this petition within one month of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 11th day of May, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Nil.
