D.o.F: 20/2/09 D.o.O:30/10/09IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.58/09 Dated this, the 30th day of October 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER K.Babu R/at Kaikamba, Po.Uppala,Kasaragod : Complainant (In person) 1.Asst.Exe.Engineer, Kerala Water Authority Vidyanagar,Kasaragod. 2. The Asst .Engineer, Kerala Water Authority ,Kumbla : Opposite Parties Kasaragod 3.The Overseer, Kerala Water Authority Kumbla Kasaragod (Adv.Madhavan Malankad,Kasaragod) ORDER SRI.K.T.SIDHIQ: PRESIDENT Sri.Babu filed this complaint alleging that he is not getting water through the connection provided by opposite parties for the past 2 years . He availed the connection 16 years back with consumer No.UPL/159/D. 2. Opposite parties contended that they are providing water to complainant regularly. But recently due to severe drought the water level in the bore well is considerably lowered and therefore the water supply is interrupted. On getting the copy of the complaint they conducted enquiry and necessary arrangements have made for getting water to the consumer by interconnecting the old scheme with the newly commissioned scheme of ARWSS to Uppala. After that the consumers of the entire area including the complainant is getting water once in two days from 1/7/09 onwards. 3. Complainant examined as PW1 and Exts.A1 to A3 marked. On the side of opposite parties no evidence either oral or documentary is adduced. 4. PW1 during examination has stated that he is not getting any water through the connection provided by opposite party till date. He also submitted that he is regularly paying the charges as per Ext.A1 provisional invoice card. 5. To prove the contention the opposite parties neither adduced any evidence nor produced any documents. Had the complainant been supplied with water, it could have proved by producing the premises meter reading register pertaining to the consumer number of the complainant. The non-production of such documents by the opposite parties show that no water is supplying to the complainant. The non supply of water instead of collection of monthly water charges amounts to deficiency in service on the part of opposite party. It is deplorable to note that even after decades of independence we have not been able to remove hunger or quench thirst. It is the obligation of a welfare state to provide supply of water to all the needy people. The opposite parties are vested with the authority to fulfill the above purpose. In this district it is not the scarcity of water but the lack of planning by the authorities causing the non supply of potable water to the needy people. Every consumer should be provided with potable water at least 2 to 3 hours every day with reasonable pressure. One can live without food for few days but not without water. Right to live is a fundamental right. In the result, complaint is allowed and opposite parties are directed to provide water to the complainant regularly at least 2 to 3 hours a day with reasonable pressure. If the opposite parties are unable to provide water then they shall pay Rs.500/- every month to the complainant for the expenses for making alternative arrangements for storing water for his domestic use. Opposite parties are also directed to pay Rs.1500/- towards the cost of these proceedings. Time for compliance is limited to 30 days from the date of receipt of copy of order. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts: A1- copy of Provisional Invoice card. A2-Nill receipt A3-copy of Bill date 28/3/2003 /Forwarded by Order/ PW1-K.Babu-complainant eva/ SENIOR SUPERINTENDENT
......................K.T.Sidhiq ......................P.P.Shymaladevi ......................P.Ramadevi | |