O R D E R
This complaint is filed under section-12 of Consumer Protection Act by the complainant against the OP i.e. Vizianagaram Municipality represented by its commissioner seeking the reliefs to direct the OP to provide water tap connection to his house bearing Dr.No.5-12-73B in Town Survey No.143 situated at Burlipeta of Vizianagaram town and Municipality, to pay Rs.10,000/- towards mental agony, to pay costs of the petition and to grant such other reliefs as Hon’ble Forum deems fit and proper under the circumstances of the case in the interest of justice.
The complainant submits that he is a resident of Burlipeta of Vizianagaram Town and Municipality and is the absolute owner of an RCC slabed house in town survey No.143 bearing Dr.No.5-12-73B and accordingly residing there in along with his family since long time and further stating that the said house property was assessed by the Vizianagaram Municipality vide assessment No.1093045289 for which the complainant paid house tax upto date and is in possession and enjoyment of the said house property.
It was further stated by the complainant that originally the house site in which the complainant constructed a house was a part of the house site assigned to his father Sri Althi late Gurumurthy by the Government during the year 1986-87 and during the life time of his father there was a thatched house and later a three portioned house was constructed by the joint family consisting of the complainant, his father and two brothers i.e. Sri Althi Jimbo and Sri Althi Venkata Apparao. While it is so after demise of Sri Althi Gurumurthy in the year 2001complainant and his other two brothers continued to be in possession and enjoyment of their respective portions and the house portion belonging to the complainant was assessed separately and was allotted Dr.No.5-12-73B by the Opposite Party.
It is also submitted by the complainant that there are ill feelings between himself and his other two brothers i.e. Althi Jimbo and Althi Venkata Appa rao who are frequently causing inconvenience to the complainant in use and occupation of his house property. Further during the month of September,2012 also, the brothers of the complainant were stated to have lodged a false claim with the OP in respect of the house in his occupation based on which the OP attempted to get the assessment of the complainant with- drawn/cancelled. Having learnt about the same, the complainant approached the OP and appraised of the facts and there upon the OP permitted the complainant to pay the arrears of the house tax obviously being legally advised. Accordingly the complainant paid the arrears of house tax.
The complainant further submits that he is not having water source to his house and facing much inconvenience since there is no well or any other water source to the complainant’s house and all these days he was depending on a public tap. As such the complainant applied for tap connection to the OP by paying Rs.555/- towards application charges under OYT scheme and remitted an amount of Rs.10,500/- to the credit of Vizianagaram Municipality as directed by the staff of OP through State Bank of India, Main Branch, Vizianagaram on 09.11.2012. The officials of the OP after inspection of the complainants house in the month of November,2012 have assured to provide water tap connection to his house at the earliest. The complainant also submits that on the directions of the staff of OP he remitted Rs.360/- towards T.R.deposit, an amount of Rs.1,866/- on 15.11.2012 towards estimation charges.
Since then the complainant has been repeatedly roaming around the office of the OP and requested many a time the staff concerned to provide water tap connection but unfortunately none have responded. The complainant also got issued a notice dated 05.01.2013 to the OP through his Advocate but having received the same the OP neither provided the tap connection to his house nor gave any reply. It is further pleaded by the complainant that he is admittedly in possession and occupation of the house portion and having collected Rs.10.500/- the OP is under obligation to provide tap connection to his house irrespective of the defect if any in the title. Since the OP failed to provide water tap connection there is a deficiency of service on the part of OP and hence this complaint.
It is evident from the record available in the Forum the OP did not file any counter or evidence affidavit inspite of number of opportunities given and adjournaments granted and hence it is concluded that the OP do not evince any interest in pursuing the matter. Therefore the right of OP for filing counter is forfeited. Further, evidence affidavit also is not filed by the OP besides brief written arguments. There is also no personal appearance of the OP himself or through their Advocate.
Exhibit A1 to A7 were marked on behalf of the complainant. Exhibit A-1 is the original challan of Vizianagaram Municipality evidencing payment of Tap application fee. Exhibit A-2 is SBI challan evidencing payment of Rs.10,500/- to the credit of Vizianagaram Municipality. Exhibit A-3 is the challan of Vizianagaram Municipality in respect of payment of T.R.deposit. Exhibit A-4 is challan of Vizianagaram Municipality regarding payment of estimation charges. Exhibit A-5 is notice of Advocate of the complainant to the commissioner of Vizianagaram Municipality. Exhibit A-6 is the acknowledgement of the Advocate Notice and Exhibit A-7 is the letter addressed to the commissioner of Vizianagaram Municipality by their standing counsel.
The complainant filed evidence affidavit and advanced oral arguments. The complainant also filed pay-in-slip dated 09.11.2012 of State Bank of India evidencing payment of Rs.10,500/- to the Vizianagaram Municipality, challan of Vizianagaram Municipality dt.15.11.2012 for Rs.1,866/- paid towards estimation charges, another challan of Vizianagaram Municipality dated 15.11.2012 for Rs.360/- towards T.R.deposit and another challan of Vizianagaram Municipality dated 08.11.2012 for Rs.555/- towards tap application fee all in original.
The OP remained ex-parte in this matter.
The complainant strongly pleads that since he has paid Rs.555/- towards tap application fee, Rs.10,500/- to the credit of Vizianagaram Municipality, Rs.360/- towards T.R.deposit and an amount of Rs.1,866/- towards estimation charges further to the fact that the officials of the OP have assured to provide water tap connection after their inspection and having failed in their duty to provide the said tap connection facility even after lapse of considerable time and also vigorous follow-up from his side, their acts amounts to clear negligence, dereliction of duty and deficiency of service.
The complainant also submitted a letter dated 27.09.12 addressed by Sri T.V.Srinivasa Rao Advocate and Municipal standing counsel to the commissioner, Vizianagaram Municipality stating that after verification of record placed before him, he is of the opinion that it is found in the records that previously property tax was not paid by Sri Althi Pydiraju for Dr.No.05-12-73B of assessment No-10324 and therefore once the property tax is imposed in his name after confirming his right, title and interest and possession over the property, again the property tax cannot be withdrawn unless by virtue of the order of any competent civil court. Hence he is of the opinion that the tax already imposed in the name of Althi Pydiraju shall be continued and he may be directed to pay all the arrears of tax due to be paid to the Municipality.
Section 2(I) (o) of C.P.Act provides that service means service of any description which is made available to potential users and as per the citation appeared on 787 SC AIR 1994 the words “any” and “potential” have been defined as under:-
The word ‘any’ dictionarily means ‘one or same or all’. In Black’s Law Dictionary it is explained thus, “word”any” has a diversity of meaning and may be employed to indicate “all” or “every” as well as”same” or” one” and its meaning in a given statute depends upon the context and subject matter of the statute. The use of the word ‘any’ in the context it has been used in clause (o) of S.2 indicates that it has been used in wider sense extending from one to all. The other word ‘potential’ is again very wide. In Oxford Dictionary it is defined as ‘capable of coming into being, possibility’. In Black’s Law Dictionary it is defined as extending in possibility but not in act. Naturally and probably expected to come into existence at some future time, though not now existing. In other words service which is not only extended to actual users but those who are capable of using it are covered in the definition. The clause is thus very wide and extends to any or all actual or potential users.
Since the complainant committed to avail of the services under the said act from Vizianagaram Municipality for consideration after paying the application fee of Rs.555/- towards tap connection charges and also Rs.10,500/- to the credit of Vizianagaram Municipality, Rs.360/- towards T.R.deposit and an amount of Rs.1,866/- towards estimation charges and inspection also was conducted by the concerned staff of the OP after taking consideration, it amounts to clear deficiency of service, negligence and dereliction of duty.
In the result, Vizianagaram Municipality represented by its commissioner is directed to provide the water tap connection to the RCC slabed house of the complainant in town survey No.143 bearing Dr.No.05-12-73B of Burlipeta, Vizianagaram Town and Municipality within 30 days from the date of this order and also pay an amount of Rs.1,000/- to the complainant towards costs of the complaint, which includes Advoate fee of Rs.500/-. This order shall be complied by the OP within 30 days from today.
Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 25th day of November, 2013.
Member President
CC.No.20/2013
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:- For opposite parties:-
PW 1. RW 1.
DOCUMENTS MARKED
For complainant:-
Ex.A-1 Photostat copy of the receipt for Rs.555/- towards
application charges.
Ex.A-2 Photostat copy of the receipt for Rs.10,500/- towards
Water tap connection under OYT Scheme.
Ex.A-3 Photostat copy of the receipt for Rs.360/- towards TR deposit.
Ex.A-4 Phtostat copy of the receipt for Rs.1,866/- towards
estimation charges.
Ex.A-5 Office copy of the legal notice addressed to the opposite party.
Ex.A-6 Acknowledgment of the opposite party.
Ex.A-7 Lawyer Notice.
President
