By P.K.Nayak,MA.LL.B, Member.
The complainant filed complaint praying to exempt the water supply dues from the date of connection i.e 05.05.2018 to till today i.e up to filling dt.31.05.2019 and claims Rs.10,000/-from O.P for cost of compensation ,litigation, negligence and deficiency of service.
The fact is that the complainant was provided a domestic water supply connection on dt.05.05.2018, by payment of Rs.3060/- on dated 25.04.2018, money receipt No.N0524115, vide approved office no.484 on dated 30.04.2018.But he claimed that there was totally no water supply on this pipe line, so he approached often to O.P to facilitate for smooth and regular supply of water on which the O.P did not listen, so being harassed, agrived with mental agony he filed the complaint case.
On the other hand the O.P through written version stated that there was water supply but it is in sufficient, Again based on the complaint on dt.17.05.2019 the O.P suggested him to change his connection with the new pipe line which is connected to the newly commissioned overhead tank for proper water supply and on request, the O.P changed it with the new pipe line on dt.06.03.2019 and he got the supply of water .The O.P urged that the complainant will have to prove regarding his claim of non supply of water which we conclude need not as the O.P version states that the complainant is advised to changed his connection with the new pipe line which reflects that the earlier connection was faulty and not working. Further the O.P submitted a notification of state government bearing No.26708-PLW-121/95-H.U.D dated 16.08.1996 that a consumer can not claim for exemption of dues due to non supply of adequate water but here the matter is different that is totally non supply of water. So the notification will not be appropriately effect here. Finally the O.P states that the complainant had submitted an agreement paper not to claim for exemption of dues in case of non supply of water but regarding it the O.P not submitted any document except written submission in the version. So further we conclude that making such paper or accepting it as condition for supply of water is unjust, impractical and unnatural but every payment for something there must be a return.
ORDER
On the above facts, circumstances and observation we concluded that the complainant claims is just, genuine so we directed the O.P not to lavy any dues for the above mentioned period from dt.05.05.2018 to dt.31.05.2019 and if it is paid by him or collected by the O.P then it to has be adjusted in the subsequent dues of him. Further the O.P is directed to take steps for smooth supply of water to the complainant’s residence.
Case is disposed of without cost and compensation against the O.P.
Order pronounced in open court. Seal and signature of the Commission this the 29th day of May, 2023.
The final order is signed and sealed and computerised as to my dictation. Copy be supplied free of cost, if applied for.
