Smt. N. ShajithaBeevi (Member-I):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. Smt. Aleyamma Philip, aged 75 years W/o late N.B. Philip has filed this complaint before the commission for getting relief from the opposite party. She is a consumer and availing service of the opposite parties in connection with the supply of water vide domestic connection bearing consumer no. VDK/439/D and consumer ID No. 2312207627,is alleged that in the months of July 2019, there has been widening and developing project of the Attachakkal, Chengaramukku road undertaken by the Kerala PWD. During their work they dismantled the connection to her house from the main line. It was further learnt that from the PWD Authorities, that they are doing the work with the consent of Kerala Water Authority on proper payment and Kerala Water Authority shall re-instate the main pipe line and connection on completion of the road work. It is further alleged that road widening circle has been completed on 30/11/2019, she approached the opposite parties to re-instate the water connection. But the opposite party has not turned up. In that time opposite party has issued an illegal demand notice date 01/11/2019, intended to include their fault upon the consumer in providing proper service. She had approached the opposite party and submitted the version to said notice vide Registered post on 04/11/2019 and opposite party has received the same on 05/11/2019. But the opposite parties have not issued any reply to that and not taken any step. Taking revenge on the said version of her to the notice, the opposite partieshavedisconnect the water connection without valid notice. The place of residence of her is facing with the scarcity of drinking water from the month of November and the water connection to her residence is unavailable. Due to that she is force to buy drinking water from pickup tankers for Rs. 1,200 per load. Thereafter she is force to purchase drinking water minimum twice a week at the cost. Being on aged widow she is suffered much hardship loss and agony on the deficiency in service from opposite parties. Hence this complaint.
3. Notices were sent to the opposite parties. But opposite parties has not turned up and not appeared before the commission to explain the reasons for this case. So the commission has declared the opposite parties has ex-parte.
4. So the commission has raised the following issues for consideration.
1. Whether the allegations of the complainant are to be treated as
genuine?
2. Whether the action of the opposite parties will come under the purview
of deficiency in service and dereliction of duty.
3. Cost and compensation.
5. Issue No:-1 to 3:- On a perusal of the entire circumstances and fact of this case it can be seen that opposite parties have acted in an irresponsible way to deal this matter. It can been seen that the complainant has filed proper representation to the opposite parties vide Exhibit series document marked the Ext. A1 to A7. Ext A1 is the Power of Attorney dated: 14/12/2020. Ext. A2 is the copy of said demand notice dated: 01/11/2019 and put their fault on the complainant. Ext. A3 is the copy of the reply letter dated: 04/11/2019. Ext. A4 is the postal receipts. Ext. A5 is the proof of delivery of registered letter No. RL 137493831 dated: 05/11/2019. Ext. A6 is the True copy of the KWA Ledger showing Consumer & Service disconnection details. Ext. A7 is the Demand and disconnection notice dated: 19/10/2020. It can be further seen that the opposite parties has taken a negligent view in handling therepresentation. The complainant has filed proof affidavit in support of her case and produced documents in evidence. We have verified the documents in details. The opposite parties ought to have taken a positive approach of a senior citizen in proper time and without any delay. It is further noticed that even though the opposite partieshave accepted the notice of this commission, they have not cared to appear before this commission to explain the reason of this case. This shows the irresponsible approach of the opposite parties.
6. In this context we are of the strong view that the allegations of the complaint is to be treated us genuine. All the issues are found in favour of the complainant.
7. In the result we are hereby directing the opposite parties to re-instate the drinking water supply facilities which has been consumed by the complainant since 1996 (Consumer ID No. 2312207627). Further we hereby directing the opposite parties to withdraw the illegal notice dated: 01/11/2019 and the bill for instruction charges. Since there is mental agony, physical strain and inconvenience of the complainant we hereby direct the opposite parties to pay compensation of Rs. 25,000/- (Rupees Twenty Five Thousand only)to the complainant due to the negligence unfair trade practice and illegal practice of preparation of bills by the opposite party and cost of Rs. 2,000/- (Rupees Two Thousand only) for this proceedings. We direct the opposite parties to pay the said amount within one month from the date of receipt of this order. We direct the registry of the commission to send a copy of this order to Chief Engineer, Kerala Water Authority, Thiruvananthapuram for information and necessary direction to the Concerned OfficersofPathanamthittaDivision Office.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31stday of December,2020.
(Sd/-)
Smt. N. ShajithaBeevi
(Member-I)
Sri. George Baby (President) : (Sd/-)
Sri.NishadThankappan (Member-II) :(Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Shaji M Philip
Exhibits marked on the side of the complainant:
A1: Power of Attorney dated: 14/12/2020.
A2: copy of said demand notice dated: 01/11/2019 and put their fault on the
Complainant.
A3: copy of the reply letter dated: 04/11/2019.
A4: The postal receipts.
A5: Proof of delivery of registered letter No. RL 137493831 dated: 05/11/2019.
A6: True copy of the KWA Ledger showing Consumer & Service disconnection
Details.
A7: Demand and disconnection notice dated: 19/10/2020.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Aleyamma Philip,
Mandakathil house, Kumplampoika.P.O.,
Pathanamthitta – 689 661.
(2) Assistant Engineer,
Kerala Water Authority, Vadaserikkara.P.O.,
Pathanamthitta – 689 662.
(3) Assistant Executive Engineer,
Kerala Water Authority Divisional Office,
Near Sub Treasury Office, Ranni, Pathanamthitta – 689 672.
(4) Executive Engineer,
Kerala Water Authority,
Kallarakadavu, behind Muthoot Nursing College,
Pathanamthitta – 689 645.
(5) The Chief Engineer, Kerala Water Authority,
Jalabhavan,
Thiruvananthapuram -695 033.
(5) The Stock File.
