BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 24/2018 Filed on 22/01/2018

ORDER DATED:  19/05/2022

ORDER

SRI. VIJU V.R : MEMBER

                     The complainants 1& 2 has presented this complaint before this Commission under Section 12 of the Consumer Protection Act 1986.  The 2^nd complainant is the husband of 1^st complainant.  The brief facts of the case is that the 1^st complainant’s father was having a water connection with consumer No.2173109134. After the death of her father Late Kunjuraghavan the building with consumer No. 2173109134 has devolved upon 1^st complainant.  The 1^st & 2^nd complainants began to construct a new building after 16/10/16 in the building where the said water connection is located. They purchased a pump having 1 horse power for pumping water from a well situated in the property for the construction purposes.  But the 1^st opposite party on the misconception that the complainants 1 &2 took water from the pipe for the construction purposes has changed their water connection from domestic category to non-domestic category & issued a bill dated 22/12/16 for Rs 1005/- to the complainants 1 &2.  On 3/1/17 the 1^st complainant filed an application before the 1^st opposite party to re consider the change made by them. After that 1^st opposite party and another official visited the complainants property and found that water for construction was taken from the well and that has been reported by the official to the office.  But till now the opposite parties 1&2 has not changed non-domestic category to domestic category.  The act of the opposite parties 1 &2 amounts to deficiency in service, hence this complaint.

                        The opposite parties 1 &2 received notice, 1^st opposite party has filed version for himself and for behalf of 2^nd opposite party also.  The 1^st & 2^nd opposite parties has averred that the water connection is existing in the name of Sri.Kunjuraghavan in Kerala Water Authority, VarkalaSection-1 in consumer No. VAR/460/N.  In the complaint it is stated that after the death of Sri.Kunjuraghavan, the house in which the above stated water connection existing, is got to Smt.Sindhu.  But with regard to the change of ownership of the said building is not informed with documents to the opposite parties 1&2 by the complainants, hence the VAR/460/N number connection is still in the name of Sri. Kunjuraghavan.  For changing the water connection, the complainant has to submit application to the Assistant Executive Engineer, Varkala.  But so far the complainants has not changed the connection in her name.  The water connection was given to Sri. Kunjuraghavan for domestic purpose.  But in front of the said building a commercial building construction started and the said building and the building in which connection No.VAR/460/N existing were not separated by boundaries, the said connection is changed in to non-domestic category from 25/10/2016.  This is done as per Kerala water Authority (Water Supply) Regulations 1991 (16) (b) conversion of domestic connection in to non domestic and vice versa. On 09/06/2017 the officials of opposite parties 1&2 again visited the house and it is revealed that the commercial building construction is on final stage where painting works etc are going on and retained the connection in non domestic category.   Now the construction of the commercial building has been completed and the existing connection can be changed into domestic category. Hence the complaint may be dismissed.

Issues to be ascertained:

(i) Whether there is any deficiency in service   from the side of opposite parties 1 &2 ?

(ii) Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):- The complainant has filed affidavit in-lieu of chief examination and has produced 10 documents which were marked as Exts.P1 to P10.  Complainant was examined as PW1 and he was cross-examined by opposite parties 1 &2.  Opposite parties 1&2 has no oral or documentary evidence.  The 1^st & 2^nd opposite parties filed argument note.  It can be seen from Ext P5 that official of opposite parties  1 &2 has reported that the water for constructing the building was taken from the well.  So it is clear that the complainants 1&2 are drawing the water from the well for construction purpose and not from the pipeline.  The report was dated 13/1/2017 and the complaint was filed before this Commission on 25/01/2018.  The opposite parties 1&2 have not taken any action as per the report.  The 1^st opposite party has not done their duty on time which caused much hardship and mental agony to the complainant. Since 2^nd opposite party  is the Managing Director of 1^st opposite party, 2^nd opposite party  is also vicariously liable for the act done by 1^st opposite party.  Hence we find that the complainants 1 &2 has succeeded in proving their case and there is deficiency in service from the side of opposite parties 1 &2.  Hence the opposite parties 1&2 are liable to pay back the amount received from the complainants 1&2 for the bills issued in the non domestic head. 

In the result, the complaint is allowed.  The opposite parties 1 &2 are jointly and severally directed to convert the connection from non-domestic category to domestic category and pay an amount of Rs.7,514 /- (Rupees Seven Thousand Five Hundred and Fourteen Only) with 6% interest per annum from the date of complaint i.e., from 25/1/2018 and pay Rs.10,000/-  (Rupees Ten Thousand Only) as compensation for the mental agony suffered by him and Rs. 2500/- (Rupees Two Thousand Five Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount of Rs.10,000/-  (Rupees Ten Thousand Only) will carry 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 19^th  day of May,  2022.

            Sd/-

P.V.JAYARAJAN                 : PRESIDENT 

          Sd/-

PREETHA G. NAIR              : MEMBER    

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                                                                 VIJU V.R                          : MEMBER

 C.C. No. 24/2018

APPENDIX

  I         COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

        Sd/-

PRESIDENT