Per Shri S.R. Khanzode – Presiding Judicial Member:

(1)          We are disposing of these two appeals by common judgement since they involved identical facts and common questions of law.

(2)          In the instant case, Appellants/Original Complainants desired to have water tap connection from the Corporation.  Corporation was willing to give it, but, Complainant insisted for a connection from a particular pipeline and since said requests were not considered, the consumer complaints were filed.  The Forum below dismissed the complaint, holding that it is the discretion of the Corporation to select the pipeline, particularly, considering the load on the respective pipelines to give new connection and dismissed these consumer complaints.  Aggrieved thereby these appeals are filed.

(3)          We heard Mr.Bhumkar, Advocate for the Appellant and perused the record. 

(4)          In the instant case, basically considering the nature of grievance, we have our own doubt as to whether these could be consumer complaints?  Element of hiring service is particularly missing.  Services are never hired to get executed the work in a particular manner, i.e. to give water tap connection from a particular supply pipeline.

(5)          Coming to the other aspect, certainly, considering the total load on the pipelines, if the Corporation thinks it fit to give connection from a chosen pipeline, Complainants could not insist for a connection from a particular pipeline.  The discretion used by the Corporation cannot be said to be either malafide or arbitrary.  In the circumstances, there arise no question of any deficiency in service on the part of the Corporation.  Forum below has rightly held so and dismissed the complaint.  We find no reason to interfere with the impugned order and thus, finding the appeals devoid of any substance, pass the following order:

O  R  D  E  R

     i.        Appeal Nos.825/2010 and 826/2010 stand dismissed in limine.

   ii.        No order as to costs.