By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to permit him to repair the block in the main pipe and to pay cost and compensation for the loss and hardships sustained by the complainant due to the deficiency of service of opposite parties.
2. Brief of the complaint:- The complainant was the consumer of opposite party No.1 and 2 in consumer No.PJT-B4/D(ID 4132101853) in route No.5421 since 2000 and using the water and the bills were also paid regularly. The only water source for the complainant was the water supplied by the opposite parties. While so before two months the supply of water to the complainant getting low and at last the supply was stopped. So the complainant contacted in the phone number of one Ismail, who is the licensed contractor of opposite party No.1 but the telephone is attended by one Mustafa and stated that he is the assistant of Ismail and he will come and check the problem but till today he did not come. Since the block the complainant used to collect the water from 2 and half kilometer away in his vehicle twice every day. Since nobody attended the complaint he complained to Assistant Executive Engineer and Assistant Executive Engineer given a reply for my complaint the copy of complaint and reply is annexed with the complaint. The complainant is the employee under Kerala Government in daily wages for Rs.500/- and he took leave on March 10, 25, 26 and 3rd of April and wait for the plumber who offered to come for repair and he went to Kalpetta three time for making complaint and spend money and due to the deficiency of service of opposite party he caused much difficulty, loss and hardships. Hence prayed before the Forum to direct the opposite parties to permit him to repair the pipe where the fault or block occurred and to direct to pay cost and compensation for the loss and hardships caused to the complainant due to the deficiency of service by the opposite parties.
3. Notices were served to opposite parties and opposite parties entered appearance and opposite party No.1 and 2 filed version stating that that, when the complaint received from complainant through telephone it was intimated to the complainant what is to be done and also given a written reply to the complainant stating that “the 15 mm Gi Pipe connected from 40mm pvc pipe is damaged due to war and tear and advised to repair with the help of a licensed plumber in his own cost on 01.04.2016” but the complainant not done so. Further stated that even through there was a shortage of water in the complainant used to get around 5000 liter which is minimum requirement and he used 10 kl water on the month of December and 6 kl in the month of January and February and 5 Kl in the month of March and April as per the meter records and further stated that all the repair work from the main pipe is to be done by the consumer at their own risk and the consumer was also given on 01.04.2016 and prayed before the Forum to dismiss the complaint with compensation cost to opposite parties.
4. Opposite party No.3 in the version stated that he has no knowledge about the problem and complainant not intimated the matter to the opposite party at any time. Hence he is an unnecessary party to the proceedings and prayed to dismiss the complaint with compensatory cost of Rs.3,000/- to opposite party No.3.
5. The complainant filed proof affidavit and he is examined as PW1 and Ext.A1 to A7 documents were marked. Opposite party No.1 and 2 not adduced any oral evidence, opposite party No.3 filed proof affidavit and he is examined as OPW1. Ext.A1 is the copy of complaint given to opposite party No.1. Ext.A2 is the Reply given by the opposite party No.1 to the complainant stating that the repair work in the pipe line or any block in the pipe from main line to the house is to be repaired by consumer at their own cost with the help of licensed plumber from the department and 5 licensed plumbers were there in the sub Division on 01.04.2016. Ext.A3 is the Provisional Invoice card issued by the opposite party No.1. Ext.A4 is the Demand and disconnection notice issued by opposite party No.1. Ext.A5(1) is the Receipt issued by the opposite party for Rs.1,586/-. Ext.A5(2) is also the receipt of Rs.1,420/- issued by opposite party No.1. Ext.A6 is the Certificate issued by Sub Inspection of Police stating that the complainant was on leave on 10,25 and 26 of March 2016 and 3rd day of April 2016. Ext.A7 series 1 and 2 are also the demand and disconnection notice for Rs.523/- and Rs.479/-.
6. On perusal of complaint, version, documents and evidences we raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite parties?
2. Relief and Cost.
7. Point No.1 :- On perusal of version and produced documents and evidence we found that the repair work if any in the pipes from the main line to residence of complainant is to be repaired by the consumer alone at his risk with the help of a licensed plumber of water authority and the advice and consent is given by the opposite party No.1 and 2 on 01.04.2016 itself. Complainant also stated in his proof affidavit that he has repaired the line with the help of another plumber, since opposite parties not repaired the block. So we feel that this work ought to have done by the complainant at any time with the consent of opposite party No.1 and 2 and in this case the opposite party No.1 has given his consent as per Ext.A2 also. Hence we could no found any deficiency of service from the side of opposite parties. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the complainant, no Order as to cost and compensation.
In the result, the complaint is dismissed. No Order as to costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 9th day of November 2016.
Date of Filing:11.04.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Vijayan. P. V. Complainant.
Witness for the Opposite Party:-
OPW1. Ismail. Contractor.
Exhibits for the complainant:
A1. Copy of complaint. Dt:31.03.2016.
A2. Reply Letter. Dt:01.04.2016.
A3. Copy of Provisional Invoice Card.
A4. Demand and Disconnection Notice. Dt:08.02.2016.
A5(1). Receipt. Dt:07.08.2014.
A5(2). Receipt. Dt:09.12.2015.
A6. Copy of Certificate. Dt:11.07.2016.
A7(1). Demand and Disconnection Notice. Dt:07.04.2016.
A7(2). Demand and Disconnection Notice. Dt:07.06.2016.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
