Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
(1) This is an appeal filed by the original Complainant whose complaint was partly allowed by the District Forum. While partly allowing the complaint No.271/2002 the District Forum directed Opponent Nos.1, the Chairman and the Secretary respectively of the Society to pay compensation of `5,000/- and `500/- towards costs to the Complainant for the deficiency in service rendered by them. Aggrieved by the inadequate compensation awarded by the District Forum, the Complainant has filed this appeal.
(2) The facts of the case are that the Complainant/Appellant is occupying Flat No.103 in Building D/6 which is managed by the Chairman and the Secretary of the Opponent Devki Shantinagar Co.op. Hsg. Soc. Ltd., Mira Road (East), District Thane. It so happened that, on 15.01.2000 water connection of the Complainant was disconnected by the Society and the police complaint was lodged by the Appellant/original Complainant and he also applied to the Deputy Registrar, Co.op. Societies, Thane on 24.01.2000. By letter cum notice Complainant intimated to the Opponent to restore the water supply and the Dy.Registrar, Co.op. Societies, Thane directed Opponent to restore water supply by 06.08.2000, but it was not restored. Only on 21.10.2000 the water supply was restored by the Society. For having seen deprived of the essential water supply by the Respondent Society, he filed consumer complaint claiming amount of `19,000/- for the loss sustained to him and also claimed `10,000/- as compensation for inconvenience, physical and mental torture suffered by him and also claimed interest @23% per annum.
(3) The District Forum on going through the complaint, affidavits and documents and on finding that despite service of notice Opponents/Respondents were absent and were not contesting the complaint and decided the complaint in favour of the Complainant and directed to them to pay `5,000/- towards compensation and `500/- as costs. Not satisfied with this meagre compensation awarded the Complainant has filed this appeal.
(4) Today when matter is called out, despite notice none appeared for the Appellant as well as for the Respondents. Hence, we perused the impugned order. We find that the order passed by the District Forum is just, proper and sustainable in law. Simply because Complainant was asking for compensation of `19,000/- and `10,000/- for mental harassment that does not mean that the District Forum should have granted the said amount. The District Forum has judiciously granted the amount of `5,000/- as compensation for mental harassment on finding that Society was deficient in service in cutting of water supply to the flat of the Complainant (appellant herein). Said order is perfectly correct. It does not call for any interference by this Commission. Hence, we pass the following order:
O R D E R
(i) Appeal stands dismissed.
(ii) No order as to costs.
(iii) Inform the parties accordingly.
Pronounced
Dated 27th September, 2011.
