Sri.George Baby (President):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite party.
2. Shri. Varghese Philip, Senior citizen the complainant has filed this petition before this Forum seeking relief from the opposite party Water Authority. The allegations of the complaint are as follows:-The complainant has obtained water connection vide no.TPY 439 to his residence. The sanction for the said connection was from 1995 onwards and it is full force. The monthly remittance amount was Rs. 42 towards the water charge and he had remitted the said amount in advance. It is contented that he had not obtained water properly. He had intimated the details of the water supply to the opposite parties. But the opposite parties had not taken any steps to supply the water properly to his residence. It is further contented that the opposite parties willfully defaulted to supply water to his residence properly. And further stated that the action of opposite parties are willful. So he has submitted the order may be issued to the opposite parties to supply the water to his residence properly and the adjust the amount Rs. 42 with effect from 2016 October and a compensation Rs. 1000/-, hence this complaint.
- This Forum has issued notice to opposite parties. But they had not appeared before the Forum or filed any version.
- Even though several adjournment given to the opposite parties. But they have not appeared before the Forum. Hence the Forum declared the opposite parties are ex-parte. Considering the contention of the complainant, this Forum has raised the following issues for consideration.
Issues:
- Whether there is any deficiency in service on the side of the
opposite parties?
- Whether complaint is to be treated as genuine?
3. Relief claimed?
- Issues No.1&2:-He has produced documents and marked as Ext. A1(a) & (b). We heard the complaint in detailed. Complainant has produced documents Exhibit A1 Series. Ext. A1(a) is the bill no. 33028255 dated:01/02/2018. Ext. A1(b) is the bill no.42515561 dated: 04/12/2018.Ext. A1 series are shows that he had remitted the amount for supply water to his residence. He had remitted the said amount in advance.
6. On perusal of the complaint and other documents perused, the Forum found that the allegations are genuine and he has prima facie case against the opposite parties. The 1st issue is in favour of the complainant.
7. On verifications of the complete mater involved in this case, the action on the side of the opposite parties are highly irregular, unauthorized dereliction of duty, in perfection and unfare trade practice for this opposite party is liable to be answered to the complainant and they are fully entitled to pay compensation and cost.
8. In the result we hereby direct the opposite parties to supply proper water to the residence of this complainantimmediately by treating the previous amount remitted by the complainant. So the ends of justice we further here by direct to opposite parties to pay a compensation of Rs. 5,000/- (Rupees Five Thousand only) to the complainant for the mental agony inconvenience and hardship due to the purposeful denial of water supply to the residence of the complainant without looking to the previous amount remitted by the complainant. We further ordered to pay a sum of Rs. 1000/- (Rupees One Thousand only) towards the cost of this proceeding. We further ordered that the registrywill forward a copy of his order to Managing Director, Water Authority, Thiruvananthapuram.
9. We further direct the Managing Director,Water Authority, Thiruvananthapuram to deduct the compensation and cost amount from the salary of the opposite parties for the payment of the same to the complainant. We ordered that the opposite party will apply the direction of this Forum within one month from the date of receipt of this order. Complaint allowed.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31st day of October, 2019.
(Sd/-)
George Baby,
(President)
Smt. N. ShajithaBeevi (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1:Varughese Philip
Exhibits marked on the side of the complainant:
A1(a): bill no. 33028255 dated:01/02/2018.
A1(b) : bill no. 42515561 dated: 04/12/2018
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1)Varughese Philip,
AruvikkuzhiyilVeedu,
Kolabhagom PO, Thadiyoor - 689545
(2) The Assistant Engineer,
Water Authority, Pullad PO.
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Water Authority, Mallappally PO.
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Water Authority,Thiruvalla.
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