Orissa

Kendrapara

CC/14/2019

Ajaya Kumar Mishara - Complainant(s)

Versus

Asst. Executive Engineer, - Opp.Party(s)

Sri Manoj Kumar Satapathy, Authorize Representative

22 Jun 2019

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/14/2019
( Date of Filing : 28 Feb 2019 )
 
1. Ajaya Kumar Mishara
S/o- Late Srinibas Mishra At- Baktarpur Po- Khariant Via-Pattamundai
Kendrapara
Odisha
...........Complainant(s)
Versus
1. Asst. Executive Engineer,
At- Tinimuhani Po/Dist- Kendrapara
Odisha
2. Executive Engineer,
Public Health Division No.2 At- Mahanadivihar Po-Nayabazar
Cuttack
Odisha
3. Junior Engineer, (PHD)
Pattamundai Section At/Po/Ps- Pattamundai
Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bijoy Kumar Das PRESIDENT
 HON'BLE MRS. Rajashree Agarwalla MEMBER
 
For the Complainant:Sri Manoj Kumar Satapathy, Authorize Representative, Advocate
For the Opp. Party: None, Advocate
 None, Advocate
 Sri Ramakanta Kanungo & Associates, Advocate
Dated : 22 Jun 2019
Final Order / Judgement

SMT.RAJASHREE AGARWALLA,MEMBER:-

                        Non-supply of drinking water to the complainant’s residence are the allegations arrayed against Ops.

2.                     Complaint, in a nutshell reveals that, Complainant is a  consumer under Ops since the year 2005 and was availing water-supply to his residence located in Ward No.12 under Pattamundai N.A.C. till the year 2016. It is alleged that after the year 2017, the complainant and his family members are deprived of availing the water supply and facing a lot of problems. The grievance of the non-supply of water has been intimated to the Op-Authorities through Regd. Post, but till-date no water supply has been resumed, for which complainant and his family members are sustaining mental agony. The complainant finding no other alternative filed this complaint with prayer of this Forum that a direction may be given to Ops for restoration of water supply and withdrawn of water charges imposed on the complainant from July-2018 alongwith a compensation of Rs. 20,000/- for mental agony and cost of litigation of Rs. 2,000/-.

                     Notice was served to the Ops through Regd. Post, but Ops did not prefer to file any written statement into the dispute. Hence, set ex-parte U/S13(2)(b)(ii) of C.P.Act-1986.

3.                   Take up the ex-parte hearing to-day. Complainant was present, in support of his allegations complainant filed attested photocopy of consumer card, payment receipts (2 sheets) and the copy of the letters addressed to Op No.1 Asst. Engineer P.H.E.D, Kendrapara. The submission reveals that, complainant is a consumer under Ops and was availing water supply and paying the dues till July-2018. The grievance of the complainant regarding non-supply of water is no way countered by the Ops and the dispute is anon-rebuttal in nature. Hence, we accept the version of the complainant.Equally, we feel that, a complainant like consumer is definitely suffering a lot without any water supply in the ensuing summer season. It is also clear that complainant being a consumer deserves water supply to his residence, but his grievance of non-supply of water supply remain unheard by the Ops. As the Ops inspite of receipt of written complaint for non-supply of water has not taken any effective to redress his grievance, the Ops are not entitled to collect any dues on or after July-2018 till the resume/restoration of water supply to the complainant’s premises. Accordingly, the Ops are jointly and severally liable for non-restoration of water supply to the complainant’s residence.

                        Having observations reflected above it is directed that, Ops shall take a quick and timely step to resume/restore the water-supply to the complainant within one month of receipt of this order. It is further directed that, Ops shall not charge any dues on the complainant for water supply starting from July-2018 to till its restoration, failing to comply the order will initiate proceeding against the Ops under provisions of C.P.Act-1986

               The Complaint is allowed in part against Ops on ex-parte. No order as to cost.  

             Pronounced in the open Court, this the22th day of June-2019.                          

                              I, agree.

                                Sd/-                                               Sd/-

                           PRESIDENT                                 MEMBER

 
 
[HON'BLE MR. Bijoy Kumar Das]
PRESIDENT
 
[HON'BLE MRS. Rajashree Agarwalla]
MEMBER

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