Kerala

Thiruvananthapuram

CC/87/2022

Confedration of consumer vigilance center - Complainant(s)

Versus

KWA - Opp.Party(s)

14 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

      SRI.P.V.JAYARAJAN             : PRESIDENT

  SMT.PREETHA.G.NAIR          : MEMBER

                                    SRI.VIJU.V.R        : MEMBER

 

CC.NO.87/2022 (Filed on : 02/03/2022)

ORDER DATED :14/10/2022

COMPLAINANTS

1. Confederation of Consumer Vigilance Centre,

Sreekovil, Kodunganoor.P.O

Vattiyoorkavu – 695 013

 

2. Smt.T.Jalajakumari,

TC.50/1230, (New TC.45/2229)

Thaliyal, Karamana.P.O

•  

 

(Party in person)

565.  

OPPOSITE PARTY

          The Assistant Executive Engineer,

          Sewerage South Sub Division,

          Kerala water Authority,

          Kuriyathi, Manacaud.P.O

          Thiruvananthapuram – 695 009

 

(Exparte)

ORDER

SRI.VIJU.V.R                 :MEMBER

1.       This complaint is filed under section 35 of Consumer Protection Act 2019. The brief facts of the case is that the second complainant being a consumer of the opposite party in the year 1990-91 applied for a sewerage connection. On 27/02/1991, Kerala Water Authority issued work order approving sewerage connection by charging a fees of Rs.156/-. The second complainant purchased a property along with a building therein in the year 1998 from Lekshmanan Nadar. At that time there was a toilet with no sewerage connection but only a septic tank. The second complainant after spending money and a lot of sufferings took the sewerage connection after getting the consent from Sri.Perumal Acharya & Smt.Rajamma. On 16/02/2015 the second opposite party paid an amount of Rs.65/- for disconnecting the existing drainage connection. On that day itself, she has paid an amount of Rs.9900/- for a new drainage connection with a manhole. During 2017-2018 while the second complainant and her husband were not in station one Mr.Asok kumar without the consent of the second complainant connected his drainage connection to the manhole which was constructed by the second complainant. Due to this, the small manhole used to over flow regularly this made the life of second complainant very much horrible. Even though the second complainant requested Mr.Asok kumar to change the manhole, all the requests were turned down by Mr.Asok kumar. The second opposite party complained these things to the opposite party but they have not taken any action to redress the grievances of second opposite party, hence this complaint.

2.       Even though the opposite party received notice, the opposite party did not appear before this commission and was set exparte.

 

Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

3.       The complainant has filed proof affidavit and has produced 20 documents which were marked as Exts.P1 to P20. It can be seen from Ext.P15 that the opposite party has given direction to Mr.Asok kumar to change his sewerage connection to a manhole for which he has given an alteration application to the opposite party. But till now he has not done that. The opposite party did not turned up. Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of the opposite party. Hence the opposite party is liable to compensate the complainant.

          In the result, complaint is allowed. The opposite party is directed to disconnect the unauthorized sewerage line connected to the manhole of the second complainant and pay Rs.10,000/- as compensation for the mental agony suffered by the complainant and Rs.2500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost will carry an interest  @ 9% per annum from the date of order till realization.

                A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                 Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 14^th day of October 2022.

 

                                                                                  Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                              Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.87/2022

List of witness for the complainant

PW1                      - Smt.T.Jalajakumari
 

Exhibits for the complainant

Ext.P1                   - Copy of work order

Ext.P2                   - Copy of agreement dated 21/02/91

Ext.P3                   - Copy of agreement

Ext.P4                   - Copy of ownership certificate dated 16/12/15 from Corporation, Thiruvananthapuram

Ext.P5                   - Copy of receipt from Kerala Water Authority

Ext.P6                   - Copy of receipt dated 16/02/2015

Ext.P7                   - Copy of sewer connection work order dated 30/01/2016

Ext.P8                   - Copy of sewer connection work order dated 16/12/2015

Ext.P9                   - Copy of plan sketch

Ext.P10                 - Copy of letter dated 11/02/2019

Ext.P11                 - Copy of RTI Act dated 21/10/2019

Ext.P12                 - Copy of notice dated 31/10/2019

Ext.P13                 - Copy of letter dated 04/11/2019

Ext.P14                 - Copy of letter dated 04/11/2019

Ext.P15                 - Copy of letter dated 29/02/2020

Ext.P16                 - Copy of letter dated 21/05/2020

Ext.P17                 - Copy of Confederation of Consumer Vigilance Centre dated 23/05/2020

Ext.P18                 - Copy of letter dated 05/06/2020

Ext.P19                 - Copy of Confederation of Consumer Vigilance Centre dated 20/10/2021

Ext.P20                 - Copy of acknowledgement

 

List of witness for the opposite party – NIL

List of Exhibits for the opposite party- NIL

Court Exhibits                                   - NIL

 

 

                                                                                     Sd/-

                                                                               PRESIDENT