Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows. The complainant is a consumer of the opposite parties vide consumer No. AKD 292. According to the complainant he paid the water charge up to Rs. 2,009/- and also stated that from the year 2013 onwards, there is no water supply to his house.  On October 2016 he received a bill for an amount of Rs. 2,241/- from 1^st opposite party.  It is contended that his meter reading was 33 in the year 2013 and the same reading is seen in the year 2016 also.  The complainant requested to get a regular water supply to his residence as well as to cancel the bill amount stated above.  Hence this case for awarding compensation of Rs. 15,000/- and a cost of Rs. 5,000/- against the opposite parties. 
3. This Forum entertained this petition and firstly numbered the case as CMA 16/2016 and issued notice to opposite parties.  The opposite parties entered appearance and seek time for settling the case.  When the matter is not settled we have numbered this case as C.C.12/2017 and proceeded with the file.  The opposite parties entered appearance and 1^st opposite party filed an objection/version as his own and 2^nd opposite party filed an objection/version through his counsel.  The objection of 1^st opposite party is as follows.  According to 1^st opposite party the complainant’s house is situated in an upper area of Anikad Panchayath – Valiyakulam area and it is so difficult to serve water supply to that Area due to lack of quality of the pipeline and increase of consumers.  It is also contended that if the new water supply scheme is completed then only water scarcity problem can be resolved.  The petitioner is liable to pay the minimum charge of the water connection even though there is no water supply to them.  It is further contended that if the complainant is ready to pay the minimum charge of Rs. 2,300/- and the disconnection fees to opposite party they are ready to cancel the water connection temporarily or permanently.   The 2^nd opposite party also filed a separate version as follows.  When we go through the version of 2^nd opposite party it is understood that though 2^nd opposite party filed a separate version /objection the contents of 2^nd opposite party’s version/objection and the contents of 1^st opposite party’s version are one and the same.  So there is no need of discussing the contents again.
4. We peruse the complaint, objection/version and the records before us and framed the following issues for consideration.  

1. Whether the opposite parties committed any deficiency in service as alleged?
2. Regarding the relief and costs?

                     5. In order to prove the case of the complainant, the complainant he who is examined as PW1 and marked Ext. A1, A2 & Ext. C1.  Ext. A1 is the copy of bill dated: 05/10/2016.  Ext. A2 is the meter reading card.  Ext. C1 is the Commission Report.  After the closure of evidence we heard both side.  

6. Point No.1&2 : :   For the sake of convenience, we would like to consider Point No.1 and 2 together. When we go through the chief examination of PW1 it reveals that PW1 is a consumer of opposite parties and also deposed that up to 2013 the opposite parties had provided water supply to him.  It is also deposed that due to the absence of water supply he was forced to purchase nearly four tanks of water from outside and paid Rs. 2,800/- for it.  At the time of examination he produced and marked a bill for an amount of Rs. 2,241/- issued from 1^st opposite party dated:01/10/2016 as Ext. A1 and also produced consumer card issued by 1^st opposite party in favour of the complainant as Ext.A2.  As per the request of the complainant this Forum issued an Advocate commissioner to ascertain certain facts mentioned by the complainant.  The commissioner inspected the spot and filed a report which was marked as Ext.C1.  When we go through Ext. C1 report it is so clear that the opposite parties have given a water connection to the complainant and at present no water can be seen.  At the time of chief examination the complainant deposed “ എനിക്ക് എതൃകക്ഷിയുടെ ഭാഗത്തുനിന്നും സേവന വീഴ്ചയുണ്ടായിട്ടുണ്ട്. എനിക്ക് ഈ ബിൽ തുക ഒഴിവാക്കുകയും വെള്ളം ലഭിക്കുന്നതിനുള്ള നിർദ്ദേശം കൊടുക്കുകയും ചെയ്താൽ ഹർജിതീർപ്പാക്കുന്നതിന് സന്നദ്ധനാണ്”. On the basis of the testimony of PW1 we can inferred that the main intention of PW1 is to reinstate the water supply to his line and also intended to avoid the payment of the bill referred in Ext.A1.  When we examine the cross-examination of the opposite party the opposite party mainly contended that they have not able to provide water supply to the complainant at the present stage.  Anyway considering the fact and circumstances of this case it is to be inferred that the opposite party has no right to evade from the obligation of providing water to the complainant.  It is to be noted that at the time of granting sanction for a water supply to a consumer the consumer and opposite party is entering an agreement for providing water to the complainant and payment of water charge to the opposite parties.  When we go through the evidence on this case we can gathered that opposite parties failed to fulfill the spirit of the agreement between the parties.  It is also noted that the opposite parties had not disputed the payment of Ext.A1 bill amount at the time of cross-examination.  When the parties are heard the learned counsel appearing for the opposite parties vehemently trying to stick on their pleading with regard to their inability for the supply of water.  However we find that being a consumer/customer of the opposite parties the complainant has got every right to get water supply to his residence on the basis of the availability of the water.  As discussed above we find that the complainant is succeeded to prove the case to that extends and thereby we partly allowed the complaint as follows.  Point No.1 &2 found accordingly.  

                   9. In the result we pass the following orders.

1. The 1^st and 2^nd opposite parties are here by directed to provide water supply to complainant’s residence regularly subject to the availability of the water, anyhow not less than two days in a week.
2. The 1^st and 2^nd opposite parties are also directed to pay a cost of                    Rs. 1,500/- (Rupees One Thousand Five Hundred only) to the complainant with 10% interest from the date of receipt of this order onwards. 
3. No order for compensation. 

                    Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^th  day of October, 2017.

                                                                                           (Sd/-)

                                                                   P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                          (President)

Smt. Sheela Jacob (Member)     :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Rajan P Kurian

Exhibits marked on the side of the complainant:

A1 :  Copy of the bill dated: 01/10/2016.

A2 :  Meter reading card.

C1 : Commission report 

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties: Nil.

                                                                                                     (By Order)

Copy to:- (1) Rajan P. Kurian,

                    Parolickal,

                    Mallappally West, Anickadu P.O – 689585. 

2. Assistant Engineer,

               PH Sub Division, Kerala Water Authority,

               Mallappally Section,

               Mallappally PO

3. The Managing Director,

              Kerala Water Authority,

                            Thiruvananthapuram. 

4. The Stock File.