Orissa

Cuttak

CC/145/2022

Dev Anand Patanaik - Complainant(s)

Versus

Asst Manager,Watco - Opp.Party(s)

P K Das & associates

18 Apr 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. no.145/2022

           Dev Anand Patnaik,

           Resident of Fakirpur,Panda Sahi,

           P.O/P.S:Jagatpur,Dist:Cuttack.                                     ... Complainant.

          Vrs.

 

Assistant Manager,WATCO/PHEO,

At/P.O:Mahanadi Vihar,P.S:Chauliaganj,

                  Town/Dist:Cuttack,Pin-753004.                                            ...Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    18.07.2022

Date of Order:  18.04.2023

 

For the complainant:                    Mr. P.K.Das,Adv. & Associates.

For the O.P :                                   Mr.P.K.Bhuyan,Adv. & Associates.

 

Sri Debasish Nayak,President                        

Case of the complainant as made out from the complaint petition in short is that he had taken drinking water connection vide Consumer No.WS/CTC-1946376to his residence at Jagatpur area on 1.12.2009 by paying the connection fees of Rs.3060/-.  But since from December,2009 till November,2021 there was much irregularity in providing water to the house of the complainant.  In the month of November,2021 due to implementation of “Amrit Yojana”, the complainant could receive water.  On 20.5.2022 the O.P had sent him an arrear outstanding bill of Rs.16,526/- alongwith current bill of Rs.138/-.  Since because the complainant was not getting water upto November,2021 from the date of connection, he refused to pay the arrear amount but was ready to pay the current bill of Rs.138/- only. The O.P refused to accept the current bill only for which the complainant has come up with this case seeking direction to the O.P not to charge any arrear amount from the complainant and to receive the current bill from him.  He has further prayed for any other relief as deemed fit and proper.

          The complainant has filed copies of two documents alongwith his complaint petition, one showing the connection fee of Rs.3060/- as paid by him on 1.12.2009 and the other showing the bill as sent by the O.P reflecting with arear amount in total a sum of Rs.16,664/-.

2.       The O.P has contested this case and has filed his written version wherein he has admitted about the water connection as taken by the complainant on 1.12.2009 being a consumer bearing no.WS/CTC-1946376.  According to the O.P., the complainant was very irregular in paying the water tax as due form him and was thus a defaulter since long.  The outstanding arrear of water tax was of Rs.16,526/- till the month of April,2022 and accordingly on 20.5.2022 the complainant was provided the bill showing arrear amount of Rs.16,526/- together with current bill of Rs.138/- and was asked to pay the total amount of Rs.16,664/-.  The allegation as made by the complainant that there was irregular water supply to his house since from 1.12.2009 is sternly refused by the O.P who per contra has stated that none from the said locality where the complainant resides had made such allegation.  Thus, according to the O.P, such allegation as made by the complainant is completely false and baseless and the complaint as filed by the complainant requires to be dismissed with cost.

          The O.P together with his written version has filed copies of some documents alongwith a sketch-map showing the water connection as provided to the house of the complainant and also copies of arrear bills pending against the complainant being not paid.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.ii.

Out of the three issues, issue no.ii  being the pertinent issue in this case, is taken up  first for consideration.

                Here in this case, the complainant was a bonafide consumer having obtained water connection to his residence on 1.12.2009 vide Consumer No.WS/CTC-1946376 which is not in dispute.  But, the complainant alleged about the irregularity in water supply since from the month of December,2009 till November,2021 for which the complainant is not ready to pay the arrear amount of bill to the tune of Rs.16,526/- as charged from him by the O.P.  If at all there was irregular water supply to the residence of the complainant since December,2009, the complainant being a bonafide consumer of water supply should have made allegations repeatedly to the O.P and to the other authorities of the O.P in writing.  It is not understood, as to under what circumstances, the complainant remained silent and had waited for 12 long years without raising any complaint in this context before any of the appropriate authorities of the water department.  On the other hand, the O.P by filing copies of several bills establishes that arrear dues of water-tax were not paid by the complainant which the complainant also admits.  Thus, this Commission cannot come to a conclusion that infact there was irregularity of water supply to the house of the complainant since from December,2009 till November,2021.  Accordingly, this Commission finds no deficiency in service of the O.P as alleged by the complainant since because the complainant has failed to provide any adequate proof in that aspect.  Accordingly, this issue goes in favour of the O.P.

Issues no.i& iii.

From the discussions as made above, it can never be said here in this case that the case of the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him. Hence it is so ordered;

ORDER

Case is dismissed on contest against the O.P and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 18^th day of April,2023 under the seal and signature of this Commission.          

                                                                                                                            Sri Debasish Nayak

                                                                                                                                       President

 

 

 

                                                                                                        Sri Sibananda Mohanty

                                                                                                                             Member