DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.3 of 2014
DATE OF INSTITUTION: - 01.01.2014
DATE OF ORDER: - 30.01.2017
Shashi Kumar son of Shri Chandu Lal, resident of Jharwai, tehsil and district Bhiwani.
……………Complainant.
VERSUS
- The Engineer-in-Chief, Public Health Department, Panchkula.
- Shri V.P. Yadav, Executive Engineer, Public Health Department, Panchkula.
- The Superintending Engineer, Public Health Department, Bhiwani.
- Shri Sajjan Singh Lohan, Executive Engineer, Public Health, Engineering Division, No.1, Bhiwani.
- Sub Divisional Engineer (S.D.E.) Public Health Department, Division No. 1, Bhiwani.
- Shri Mukesh, J.E/Junior Engineer, Public Health Department, Division No.1, Bhiwani.
- Devender Dahiya, Executive Engineer, at present Public Health Engineering Division No.3, Bhiwani.
- Satender Singh Yadav, Junior Engineer, at present posted at Rewari, district Rewari.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Present:- Shri Naresh Sihag, Adv. for complainant.
Shri Chetan Anand, Advocate for Ops.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that in the month of April, 2012 he had deposited all the required papers with OP No.7 for water connection but Ops No.7 & 8 have failed to release the connection. The complainant alleged that OP No.8 had taken his signature on simple paper regarding releasing of water connection. The complainant further alleged that he visited the office of opposite parties several times and requested to release the connection but they have failed to do so. The complainant further alleged that he made several complaints to Ops regarding impure supply of water but they did not pay any heed and have disconnected the supply saying that the connection is illegal. The complainant further alleged that he made several written complaints before the Deputy Commissioner, Bhiwani in this regard but after a long period they have release the water connection on 28.9.2012 and had taken one year advance bill which is wrong, illegal, arbitrary, against law and facts. The complainant further alleged that the water supply given by the Ops was polluted as the same was not tested from the approved laboratory and he made several complaints to the Ops but they did not pay any heed. The complainant further alleged that due to the act and conduct of the Ops, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of Ops and as such, he had to file the present complaint for seeking compensation.
2. Opposite parties have filed reply stating, inter-alia, therein that water being supplied in village is potable as the sample of water analyzed/tested by the Govt. laboratory and as per report of Lab. The water is chemically fit and within the acceptable limits and the report of the Laboratory is attached herewith. It is submitted that the complainant is highly prejudiced against the department on account of his personal animosity and grudges. It is also submitted that the compensation claimed by the complainant for mental agony, physical harassment and economically loss is misconceived, absurd and bogus and as such, he is not entitled for any compensation. Therefore, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties. It is prayed that the complaint be dismissed with costs.
3. In order to make out his case, the complainant has placed on record Annexure C-1 Photostat copy of application dated 17.5.2012, Annexure C-2 & C-3 Photostat copies of details of complaint, Annexure C-4 to C-7 Photostat copies of applications, Annexure C8 to C10, C-12 & C20 Photostat copies of news paper cutting, Annexure C11 Photostat copy of application, Annexure C13 to C-19 and C-21 to C-22 Photostat copies of applications as well as reports, Annexure C-23 Photo stat copy of water bill and Annexure C-24 Photostat copy of challan along with supporting affidavit.
4. In reply thereto, the opposite parties have placed on record Annexure R-1 to R-2 Photostat copies analysis report, Annexure R-3 Photostat copy order passed in FA No.123 of 2014 passed by the Hon’ble State Commission, Annexure R-4 Photostat copy of letter dated 17.6.2013, Annexure R-5 Photostat copy of certificate issued by Sarpanch, Annexure R-6 Photostat copy of application and Annexure R-7 Photostat copy of Lab. Report along with supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the water supplied by the Ops is not clean and therefore the complainant made several complaints to the Ops. Due to the complaints made by the complainant to the Ops, the Ops did not attend the complaint of the complainant on the ground that the water connection of the complainant is illegal. The complainant has to approach the Civil Court to get domestic water connection and also to the higher authorities. Ultimately, the Ops sanctioned the water connection to the complainant on 28.09.2012. He further submitted that after reading the news in the daily newspapers regarding supply of dirty drinking water is causing weakness of bones and ailments, the complainant approach the Ops for testing of the water. The complainant got tested the water on 05.10.2012 and from the test report it was found that the water is not fit for human consumption. The complainant requested the Ops to supply water fit for human consumption. He further submitted that due to the unfit water there are several patients of joint, stomach disease in the village and also the wife of the complainant is suffering from joint pains and she is under the treatment for joint pains. The counsel for the complainant submitted that the Ops have harassed the complainant and prayed for the grant of compensation. He referred the test report dated 10.07.2014. He also referred the various complaints and test reports Annexure C-1 to C-24. The counsel for the complainant produced the photo copy of order dated 12.10.2001 of this District Forum in complaint No. 280 of 1999, copy of order dated 08.07.2008 of Consumer Disputes Redressal Commission, Union Territory, Chandigarh passed in Appeal No. 3742 of 2001.
7. Learned counsel for Ops reiterated the contents of the reply. He submitted that the complainant is mischievous litigant and abuses his position as a typist in the District Courts, Bhiwani. He is habitual litigant and filed 5 false cases against the department. The civil suit filed by the complainant has been withdrawn. He is unnecessary dragging the department in litigation with ulterior motive. The allegations made by the complainant in his complaint are false and baseless. The Ops are supplying potable water to the villagers in village Jharwai and no complaint with regard to the quality of water has been made by any resident of village Jharwai. The water supply in the said village has been started after the completion of the water works in the year 2015 and prior to it the water was being supplied from the tubewell. He further submitted that the complainant has applied for the water connection on 17.05.2012 from the back lane of his house, and on checking it was found that the complainant was also using water from zone No. 5 of the village and thereafter there are requirement for separate water connection to avoid unnecessary litigation, the Ops sanction the water connection to the complainant. He contended that the dispute is not of about the quality of supply of water but the complainant grudges with the officials of the department.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. The counsel for the complainant contended that the test report dated 11.07.2014 has been obtained by the complainant through RTI and in the said report Public Health Engineering Laboratory, Bhiwani has opined about the sample of water of 5 villages, wherein the sample of village at serial no. 3, 4 and 5 is found bacteriologically unfit and the sample of village at serial no. 1 & 2 has been found bacteriologically fit. The village of complainant exists at serial no. 3. Hence, from the said report it is clear that the water sample is unfit. On the other side, the counsel for the Ops submitted test report dated 21.03.2014 Annexure R-1 and report 07.04.2014 Annexure R-2 and report dated 05.10.2012 Annexure R-7, vide which the Public Health Engineering Laboratory, Bhiwani has found the sample chemically fit.
9. The counsel for the complainant could not bring any material to show that the wife of the complainant has water borne disease of joint pains. The Bacteriological Analysis Report of water sample given by Public Health Engineering Laboratory, Bhiwani for the sample dated 10.07.2014 mentions the water sample bacteriologically unfit. Considering the facts of the case, we partly allow the complaint of the complainant against the Ops. The Ops are directed to pay Rs. 3,000/- as lumpsum compensation to the complainant. This order be complied with by the Ops within 60 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 30.01.2017.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta)
Member.
