ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Per Sh. Rakesh Kapoor, President

           The complainant is a consumer of the OP .  A water connection bearing No. 32613//1816016407 & New K No. 9959111000, Meter No. N/A has been installed at his premises.  It is alleged by the complainant that there is no water supply to his premises for one and half year.  He has made several requests to the OP  to restore water supply and to give permission to repair the water line but to no effect.  On the contrary the OP has raised a bill on account of consumption of water to the tune of Rs.3420/- which the complainant had paid under protest.  Since the grievance of the complainant has not been redressed, the complainant has approached this Forum for a direction against the OP for restoration of water supply to his premises, compensation and for cost of litigation.

      The OP has filed a reply.  It has denied any deficiency in service and has stated that it had not cut off the water connection and that it has been maintaining regular water supply to the premises of the  complainant.  It has claimed that since the complainant has been  utilizing its services, he is being billed as per the actual consumption of water.  The OP has contested the complaint on merit.  Para 2 to 5 of the Para-wise reply is reproduced as under:-

2.3 That the contents of Para 2 & 3 are wrong and hence denied.  It is denied that the there is no water supply in the area of Mahavir Enclave, Palam Road. It is submitted that the connection was not cut off by the OP .  The complainant has not made any complainant and if he has any grievance then he has approached the ZRO of the area.  It is submitted that the OP is raising the bill as per the actual reading and the complainant is liable to pay the charges.

4-5 That the contents of Para-4-5 are wrong and denied.  The OP is raising the bill as per the tariff of the OP .  The complainant is liable to pay the water charges.  The bill raised by the OP is fair, and as per the tariff.  The complainant is liable to pay the water charges as per the bill.

     The OP has prayed for the dismissal of the complaint.

     We have heard arguments advanced at the Bar and have perused the record.

     Both sides have filed their respective affidavits wherein they have corroborated the averments made in the complaint and in the written statement.

     During the course of the pendency of this compliant,  an order was passed by this Forum on 20.4.2014 whereby a Local Commissioner was appointed to visit the premises and to report whether there was water supply to the premises in question.  The L.C. had filed his report wherein he has stated that the water pipeline extension has been broken and was visible in a pit on main road.  He has  further stated that the water pipeline had been long broken as it was rusty.  The L.C. has further stated that there was no water pipe found inside the premises and therefore there was no supply of water to the premi8ses.    After filing of the report of the L.C., a meter testing report dated 6.5.2015 was supplied to the complainant and a copy was placed on record.  This report has been filed under the signatures of ZRO (South-West -1) wherein it has been stated that on inspection of the water connection it had been found that the connection of the consumer had been cut off and there was no water supply to the same.  It has been  further stated that no amount was due from the complainant on account of  consumption of water.   The complainant on his part has placed on record various letters which he had written to the OP for restoration of water supply to his premises.  On 2.11.2011 the complainant had written a letter to the OP which inter-alia reads as under:-

    “The above connection is leaking.  Kindly restore water supply cut off by your or allow me to repair the same.”

     This was followed by a letter dated 30.12.2011 which inter-alia reads as under:-

    The above connection is leaking.  Kindly allow me to repair the same or make departmental arrangement.

     The complainant again wrote letter dated 4.6.2012 which inter-alia reads as under:-

     My water connection is not giving water and my repeated demands have not been given due attention.  Kindly look into the matter and do needful otherwise I will compelled to take the matter to the court of law.

    This was followed by another letter dated 9.11.2012 which inter-alia reads as under:-

     My water connection is not giving water and my repeated demands have not been given due attention.  Kindly look into the matter and do needful otherwise I will compelled to take the matter to the court of law.

     Yet another letter dated 13.3.2013 was sent by the complainant to the OP as well as to the Chief Minister.  This letter inter-alia reads as under :

     My water connection is not giving water and my repeated demands have not been given due attention.  Kindly look into the matter and do needful otherwise I will compelled to take the matter to the court of law.

This letter was  followed by a letter dated 25.3.2013;  this inter-alia reads as under:-

     I have received the water bill which is incorrect and not payable by me. However to avoid LPSC dispute I am paying the same under protest.  There is no water supply for the last one and half year and inspite of repeated request.  I have not been giving permission to carry out repairs.  The Delhi Jal Board has also not taken any step to supply water due to which I have been suffering huge losses as well mental agony.  It is again are  requested that necessary action may please be taken in the matter otherwise I will have to take necessary legal action and the DJB will be liable for all the consequences of the same.

     It appears that the OP had not given any heed to the aforesaid letters written by the complainant for redressal of his grievances.  There was no water supply to the premises of the complainant for one & a half year and yet a bill for Rs.3420/- was raised on him.  The complainant was forced to pay the said bill as he was threatened with imposition of LPSC in case of non payment.  Even during the pendency of the complaint, the OP did not act and did not take the matter in right perspective.  It was assessed by the OP  that the water supply was available in the premises of the complainant whereas the  L.C. had found that there was none.  This was confirmed by the OP itself vide its report dated 6.5.2015.  We, therefore, hold that the OP was deficient in rendering service to the complainant.  Accordingly,  we direct the OP as under:-

1. Restore water supply to the premises of the complainant forthwith.
2. Refund to the complainant a sum of Rs.3420/- paid by him under protest.
3. Pay to the complainant a sum of Rs.15000/- as compensation for pain and agony suffered by him which will include the cost of L.C. i.e. Rs.5000/- borne by him.
4. Pay to the complainant a sum of Rs.5000/- as cost of litigation.

     The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

          Copy of the order be made available to the parties as per rule.  File be consigned to record room.

          Announced in open sitting of the Forum on.....................