Presented by Smt. A.Behera, Member.
Facts of the case,
Complainant had a water connection from the Opposite Party No.1(one) and No.2(two) paying the requisite consideration and agreeing to pay monthly sum @ Rs. 60/-(Rupees sixty)only which the Complainant submitted that he was paying it regularly, but same how was not getting sufficient water to meet his requirement. Though other families who had taken connection in the near places were getting sufficient water. For this the Complainant filed a complaint before District Consumer Disputes Redressal Forum, Bargarh vide Consumer Complaint No.66 of 2009 which was dismissal by the Forum. The Complainant preferred appeal vide First Appeal No. 305 of 2010 which was also dismissed and the State Commission decided not to interfere with the decision of the District Forum, however in the order of the State Commission it was added like the following.
“ We, however, observe that if the Complainant approaches the Opposite Parties for resumption of water supply to this house by paying the arrear water charges, if any, the Opposite Parties shall do well to consider the same and resume water supply to his house.”
After the above said Order the Complainant approached the Opposite Parties to know pending arrear dues to he could pay it and get water supply resumed which was not heard by the Opposite Parties.
Complainant also alleges in the complaint petition that the Opposite Parties have threatened not give water supply to Complainant's because he dragged the Opposite Parties to Courts and litigation.
Hence this Complaint.
Heard the learned advocates for the Opposite Parties and of the Complainant at length, perused the case record.
Our finding:-
(1) The Complainant have filed a number of documents on which he relies like:-
(a)The Order of the State C.D.R. Commission Dt.09/07/2010.
(b)Xerox copy of Postal Receipt for his letter to the Opposite Parties requesting calculation of pending dues.
(c)Letter Dt.30/07/2010, where in the Complainant requested the Opposite Parties to tell him the pending dues so he can pay it to get back water supply to his house which is stopped since February 2009.
(d)Letter Dt.24/04/2010 addressed to the Collector, Bargarh regarding his cause.
(e)Money Receipt of payment of water dues to the Opposite Parties. (five numbers).
(f)Paper publication copy about irregularities going on in his village regarding the water supply by the Opposite Parties.
(2) It is evident from the record that notice is sufficient served to Opposite Party No.3(three) and Opposite Party No.3(three) was set ex-parte on Dt.01/012/2011.
(3) Opposite Party No.1(one) and No.2(two) filed their version on Dt.08/10/2012.
(4) Complainant on the date of hearing submitted that because of personal grudge and political rivalry this is done to him. He also said about this matter being highlighted through News Papers, which can be seen from the News Paper attached to the case record. He also said that he took steps to get the matter solved on his part, but no one heard. Complainant also explained through diagram that all other beneficiaries have got direct straight. Connections from the main pipe line where as the Complainant has got a diversion. Again the check valve was removed to matter place for which the problem is accruing and if he gets a straight connection he will get sufficient water supply.
(5) Opposite Parties counsel put his case before the Forum where in the counsel of the Opposite Parties said that the Complainant is a litigating personality and have not tried to solve the matter due to arrogance even though the Opposite Parties and Complainant both are resident of the same village. Again point to he noted here is that, the Complainant himself said that he is not paying the monthly bills since February-2009. So he knows how much dues is pending against him but just to litigate he sent the registered letter. It is rule that when bill are not paid in time connection can be cut in action but in this case the water connection is not cut on any action taken against the Complainant, is a positive gesture from the Opposite Parties and actually the matter supply is never stopped.
(6) The Opposite Parties was not able to prove that they have acted on the order of the State C.D.R. Commission after the Complainant approached them, as such orally that he approached the Opposite Parties directly and through postal communication for which the receipts of registration is filed which was not objected by the Opposite Parties. So that he could pay the dues pending and get water supply as earlier.
(7) The Forum also feels a little smell of local politics in the matter which is unwarranted and should not be promoted further to get peace and tranquility in the village.
Under the above facts and circumstances, we order that:-
(1) The Opposite Parties will take action to get the water connection corrected and a straight connection from the main pipe to the house of the Complainant he given so he gets proper water supply.
(2) The Opposite Parties will bear the expenses of all this correction, and they will also see that the Complainant getting water supply or not after the charges.
(3) The Complainant will be intimated the pending dues by the Opposite Parties within fifteen days of this Order which the Complainant will pay within seven days after which the pipe line connection work will start by the Opposite Party and should be completed within seven days.
(4) The Opposite Parties No.1(one) and No.2(two) are directed jointly and severally to pay to the Complainant Rs. 5,000/-(Rupees five thousand)only for mental agony, harassment, personal suffering and litigation cost with in thirty days from this Order i.e. Dt.22/01/2013, failing which the total awarded amount shall carry 18%(eighteen percent) per annum till date of actual realization.
The case is disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree. I agree.
( Smt Anjalai Behera) ( Miss Rajlaxmi Pattnayak)
M e m b e r. P r e s i d e n t.
