OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBERS .
Consumer Complaint No. 47 of 2017
Date of Filling : -07.06.2017.
Date of Order :- 28.08.2018.
Sri Dharam Prakash Pattnaik,S/O.Late Hemant
Ku.Pattanaik,At-Mishrapada,P.O/P.S/Dist.Angul.
_________________________Complainant.
Vrs.
01.Asst.Engineer,Public Health Sub-Division,
Angul,At/ P.O/P.S/Dist.Angul- 759122.
02.Executive Engineer,Public Health Division,
At-Baghuabol,P.O/P.S.Talcher,Dist.Angul.
_________________________ Opp. parties.
For the complainant :- Sri D.K.Pani & associates(Advs.).
For the opp.party :- Sri P.N.Mishra & associates (Advs).
: J U D G E M E N T :
Sri K.K.Mohanty,Member.
The complainant has filed this case with prayer to direct the opp.parties to restore water supply connection to his house (Consumer No. 224/Pvt ) of Angul PH Sub- Division immediately and to pay compensation as well as cost of litigation on the grounds stated there in.
2. The complainant’s case runs thus :-
That, the complainant’s father late Hemanta Ku. Pattanaik had taken water supply connection from the opp.parties vide Consumer No. 224/pvt. , since long and regularly paying the monthly water charges by obtaining receipts. It is averred that during the year 2006, due to expansion and widening of road work , the under ground pipe line from where water connection was given to the complainant was dismentaled for which the water connection to his house was completely stopped. According to the complainant he managed the situation by installing a pump in his open well but subsequently the water of the well became infected,unhealthy and fouled for which the restoration of the PHD pipe line is badly necessary. It is further averred that though from May, 2017 the complainant approached the opp.parties several times for water connection but in vain. Hence the case.
3. The opp.parties have contested the case by filing written versions with prayer to dismiss the case on the ground that there is no consumer and service provider relationship between them and the case is not maintainable before this forum.
4. In view of the rival pleadings of the parties the following points arise for consideration :-
Points:-
- Whether there is consumer and service provider relationship between the parties ?
- Whether this case is maintainable before this forum and the complainant has cause of action to file this case ?
- Whether the complainant is entitled to get the reliefs as prayed for or not ?
: F I N D I N G S :
Issue No.(i):- Admittedly Late Hemant Pattanaik was the Consumer (No. 224/pvt) under the opp.parties and paying rent to them . The complainant Sri Dharma Prakash Pattanaik being the son of late Hemant Ku.Pattanaik is the beneficiary under the opp.parties vide the above cited consumer number. Thus there is consumer and service provider relationship between the complainant and the opp.parties
Issue No.(ii):-Since the opp.parties did not restore water supply to the complainant a registered consumer, the complainant has cause of action to file this case. This fact happened under the territorial jurisdiction of this forum. So the dispute is maintainable before this forum and this forum is competent to enquire into the matter.
Issue No.(iii):-It is evident from the water bill filed by the complainant and issued to him by the opp.parties (Annexure- A) that upto November,2006 a sum of Rs. 2,772.00 was due on the complainant for payment to the opp.parties. Though the opp.parties have filed copies of consumer ledger and claiming very high amount as arrear but they have not given any bill to the complainant after November,2006. Without serving the bill regularly, the demand of excess amount towards rent cannot be accepted. Further money(rent) cannot be recovered for more than 3 years as became it is barred by law of limitation. When opp.parties have not given any bill to the complainant after November,2006 a strong presumption can be drawn that the water connection to the house of the complainant had been damaged and since then the complainant has not used the supplied water after November,2006 .The opp.parties also could not prove that the complainant has used the water supplied by them after November,2006.
5. In the above premises it will be just and proper to direct the complainant to deposit the arrear rent of Rs.2,772.00 only upto November,2006 (vide Annexure- A) and to bear the cost of all the materials like pipes, fittings and machineries etc. required for taking the water connection.
6. Hence the order :-
: O R D E R :
The case is disposed of on contest by both the parties. The complainant is directed to deposit Rs. 2,772.00 only towards arrear rent with the opp.parties within one month of this order and the opp.parties shall receive the same by giving receipt .The opp.parties shall give water connection and restore water supply to the house of the complainant (vide Consumer No. 224/pvt) within 15 days of receiving the aforesaid arrear rent. It is made clear that the cost of all the materials like, pipe, fittings, tubes, taps etc. necessary for giving the connection will be borne by the complainant.
Order delivered in the open forum today the 28th August,2018 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri K.K.Mohanty )
Member.
Sd/-
(Smt.S.Mallick),
Member.
