BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JIND.
Complaint Case No. : 40 of 2022
Date of Institution : 06.05.2022
Date of Decision : 11.10.2022
1. Krishan s/o Mewa Singh (Aadhar No.2188 5072 0621)
2. Om Parkash s/o Mewa Singh (Aadhar No.4503 8998 3444) both residents
of Ramu Patti, village Belarkhan Tehsil Narwana, District Jind.
.….Complainants
Versus
- Executive Engineer, Public Health Engineering Department, Narwana.
- Sub Divisional Engineer, Public Health Engineering Department Narwana, Tehsil Narwana District Jind.
……Opposite Parties
Complaint under Section 35 of the Consumer Protection Act, 2019.
CORAM: SH. A.K. SARDANA, PRESIDENT.
SMT. NEERU AGARWAL, MEMBER.
SH. G.D. GOYAL, MEMBER.
Present: Complainants in person.
Ops No.1 & 2 exparte vide order dated 06.07.2022.
ORDER:
Complainants have filed the present complaint with the averments that they are permanent residents at the aforementioned address and are regularly paying the water bills to the OPs for water supply connection nos. 375 & 377 respectively (old nos. 372 & 374) whereas Ops have issued temporary water supply connections through rubber pipe to the complainants which is not in working order and have not issued permanent water connections till date inspite of repeated requests. Due to this, complainants are suffering heavy loss and have submitted various representations viz. dated 20.05.2021 to OP No.1 followed by reminder dated 26.07.2021 through regd. Post. Complainant No.1 has also made representation on C.M. Window on 15.04.2022 but of no avail. Complainants have further submitted that they have suffered mental pain and physical harassment on account of deficient services by OPs. Hence, finding no other alternative, the present complaint has been preferred by complainants before this Commission seeking directions to Ops to install proper drinking water supply by way of installing tap etc. at the premises of complainants immediately and pay Rs.50,000/- as compensation alongwith interest @ 18% per annum for harassment, mental agony and deficiency in services.
2.Notice of the complaint was issued to the OPs through regd. Post but they did not bother to appear. As such, they were proceeded against exparte vide order dated 06.07.2022.
3.We have heard the complainants and evaluated the record/documents placed on file by the complainants.
4. Complainants in order to prove their version has placed on record water charges bill dated 20.04.2017 (Annexure C-3) issued by OPs which shows that complainants are having water connections issued by OPs. Furthermore, payment receipts duly issued by OP Department vide receipt book No. N-4/3164 & N-4/3163 dated 26.04.2022 (Annexure C-4 & C-5) transpires that Ops have received Rs.2200/- from complainants on 26.04.2022 as consumption of water charges for the period upto 30.06.2021 and complainants have raised their grievances with Ops vide letters dated 19.05.2021, 26.07.2021, 06.04.2022 & 15.04.2022 (Annexure C-6 to C-9) as well as with C.M. Window vide complaint Annexure C-10. Further it is a matter of common prudence that water is basic necessity of life and without it, life cannot be survived. Thus we are inclined to attach credence that the complainants must have been suffering very much without the supply of water to them. Since, the Ops have not bothered to appear before the Commission despite issuing registered notices to them, therefore, we have no other option except to believe the version put forth by the complainants supported with affidavit which is on the court file as Annexure CW1/A.
5.In view of the above, we are of the considered opinion that complainants have to run from pillar to post because of deficiency in service as well as negligent attitude of OPs for not supplying them drinking water facility and thus they have to approach this Commission. Accordingly, the present complaint is allowed with a direction to OPs to comply with the following directions jointly and severally within thirty days from the date of communication of this order:-
- To install proper drinking water supply tap/connection at the houses of complainants bearing connections Nos. 375 & 377 respectively.
- To pay Rs.5000/- (Rs. Five thousand) as compensation on account of mental agony and harassment as well as litigation expenses.
Further the directions issued above must be complied with by the Ops within the stipulated period failing which the awarded amount as mentioned in above at para (ii) shall further attract simple interest @ 12% per annum for the period of default. Copies of this order be supplied to the parties concerned, as per rules. File be consigned to the record room after due compliance.
Announced on: (A.K. SARDANA) PRESIDENT
(Gopal Singh)
Stenographer
(Neeru Agarwal)
Member
(G.D. Goyal) Member
