BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 30th day of July, 2009 CORAM: 1. Vijay Kumar, B.Com., LL.B., President 2. Sri. K.V. Kaladhar, B.Sc., B.L., Member 3. Smt. V. Vijaya Rekha, B.Sc. B.L., Member C.C.No.29/2009 Between: Consumers Welfare Council, Khammam ….Complainant Vs. 1. The Commissioner, Khammam Municipality, Khammam District 2. The chair person, Khammam Municipality, Khammam District ….Opposite Parties. This C.C came before us for final hearing; the complainant appeared in person; and in the presence of Sri.J.Nageswara Rao, Advocate for opposite party; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:- ORDER (Per Sri.K.V.Kaladhar, Member) 1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments. Approximately 32 years back, Khammam municipality constructed drainages attached to compound wall at H.No.10-4-22 to 10-4-24/1 and 10-4-25 to 10-4-28 and a culvert connecting H.No.10-4-28 and 10-4-22 for the use of dwellers and was having 100% utility. During the month of February, 2005 the above said drainage was replaced with a new drainage. The base level of the drainages was raised to 10” without considering the basic planning of leveling for free flow of waste water into the drain from the said houses. The dwellers resisted at that time not to destroy the good old drainages and culvert but the contractor and engineer did not heed them. The dwellers further stated that there is no need to heighten the base levels of the above said drains. Due to heightening the base level of the new drainages including drainage under culvert, the free flow of waste water is restrained and waste water is being stagnated leading to foul smell. These have become breeding grounds for mosquitoes and poisonous insects. They have become unsanitary and hazardous to the dwellers normal health. The pity is that the stagnated water of municipality drainage, because of defective planning is flowing back to their bath rooms through their internal drains. Further the culvert built between 10-4-28 and 10-4-22 is so unscientific that the waste water is being accumulated there at culvert. Hence, this complaint to direct the opposite parties to dismantle the existing drainages and culvert in the location mentioned above which were constructed without considering the basic need of the dwellers, to reconstruct the drainages and culvert at the above mentioned locations for the proper utility of house holders i.e. free flow of household waste water into main drain and to award damages to the mental agony caused from the last two years to a tune of Rs.5,000/- each and to award costs of Rs.10,000/- and to any other reliefs. 2. On receipt of the notice, the opposite party appeared through its counsel and filed counter, and submitted that the old drainage was constructed by Municipality 32 years back and it has been catering the needs of complainants for flow of drainage water which was in low level of their houses. The level of the main drain where the drainage water coming from the houses of complainants is joined and located at a height of 3” from the drainage ground level of complainants as shown in the enclosed plan and therefore the contention of the complainants cannot be considered as the drain water will flow on reverse side taking a direction to complainants house. The houses of complainants are located in ground low level where as the natural flow of same houses and salvage water from main drainage and other surrounding houses which enjoying is at high level as per natural existence at eastern side. The present drain is reconstructed as it was damaged and is in ruined condition. Drain was constructed taking into consideration the natural levels on ground and the physical features of the localities of the town for the convenience of the residents of the locality. Care will be taken to redress the grievance of the complainants if there is any problem actually at the ground level. As such the complaint may be dismissed. 3. Apart from the complaint, the complainant filed the following documents and the same have been marked as Exhibits. Ex.A.1 is the Representation dt.6-2-2009 Ex.A.2 is the Photos (2) in number Ex.A.3 is the Representation dt.14-12-2008. 4. On behalf of the opposite party, along with Counter, Area plan is filed and marked as Ex.B.1. 5. Heard the oral arguments on both sides. Upon perusing the material papers on record and upon hearing the arguments, now the point that arose for consideration is, whether the complainants are entitled as prayed for? P O I N T: 6. It is the contention of the complainant that recently the municipality has constructed drainage before their houses by replacing the old drainage and also constructed a culvert between the house Nos.10-4-28 and 10-4-22, which was raised to 10 inches without considering the basic plan of leveling for free flow of waste water to the drain from the said houses. For which the contention of the opposite parties is that this Forum already settled the connected matter in C.c.691/2008 after conducing detailed enquiry. 7. The municipality is collecting taxes from the dwellers hence, it is the duty to protect the health of the people and to see that drainage water should not be stagnated before the houses of the dwellers and it will cause many problems by polluting environment and increase the mosquitoes and other insects cause ill-health to the people. 8. Hence, we are of the opinion that the municipality has to maintain the drainage system properly by free flow of the stagnation water before the dwellers of the complainants. 9. In the result, the complaint is allowed and the opposite parties are directed to clear the drainage water and not to stagnate before the houses of complainants and also at the culvert constructed by them. There is no order as to costs. Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum on this 30th day of July, 2009. President Member Member District Consumers Forum, Khammam APPENDIX OF EVIDENCE EXHIBITS MARKED FOR COMPLAINANT Ex.A.1 is the Representation dt.6-2-2009 Ex.A.2 is the Photos (2) in number Ex.A.3 is the Representation dt.14-12-2008. EXHIBITS MARKED FOR OPPOSITE PARTIES Ex.B.1 is Area plan President Member Member District Consumers Forum, Khammam | 
