Present complaint under Section 12 of the Consumer Protection Act, 1986 as amended upto date has been filed by G9ian Kaur wife of Phuman Singh complainant against opposite party i.e. Municipal Council, Kapurthala through its Executive Officer seeking direction against the opposite party for restoring water connection in her house from Amritsar road side and also for monetary compensation on account of deficiency in its service.<br /> 2. Brief facts in the complaint are that complainant has been getting water supply connection in her house in the name of Hari Chand. The said connection has been running in her name as owner of the house and she has purchased the same from him in the year 1979. Since then she has been paying all the due charges of water connection and another water connection has also been running in the name of her husband Phuman Singh as both the properties were purchased separately . It is further alleged that water supply to her house had been coming from the water supply line laid down in Amritsar road. It is further alleged that sewerage pipe was illegally laid by the opposite party Municipal Council Kapurthala due to its in connivance with Uttam Kaur and the matter is pending in Hon'ble Punjab & Haryana High Court. The employees of opposite party Municipal Council Kapurthala forcibly disconnected her water supply from main Amritsar road and lined it with the subordinate pipe illegally laid down adjoining to her house. She has therefore, legal right to get the water supply from Amritsar road Kapurthala as the pipes were illegally laid down in the private street by the opposite party and the opposite party is bound to supply the watter connection from Amritsar road and the failure on the part of opposite party to do so amounts to deficiency in service against which she is entitled to the reliefs claimed.<br /> 3. Opposite party appeared, controverted the allegations of the complainant and resisted her claim. It is admitted that water supply connection to the house of complainant according to Municipal record is in the name of Hari Chand. It is also admitted that connection has been running in the name of complainant as owner of the house as she has purchased the same from Hari Chand in the year 1979. It is further admitted that there had been water supply connection running in the name of Phuman Singh. It is further pleaded that in the Mohalla there was no water water supply line , so connections have been given to different persons from Amritsar road line but on account of length of pipe being in excess, there used to be leakage in the pipes and the water used to flow on the Amritsar road resulting into its breakage due to which passer-bye faced great difficulty. Keeping in view the demand of public branch pipe had been laid in front of the houses of the people of the Mohalla . Almost entire inhabitants of the mOhalla have taken connection from this branch pipe and the complainant has taken the connection from branch pipe and the water supply is going to the house of the complainant. . It is denied that opposite party illegally laid the sewerage pipes due to in connivance with Uttam Kaur. In fact she has herself got water connection from the branch pipe which line is in front of her house. There was no complaint of the complainant that water supply is not coming to her house properly. Therefore, there is no deficiency in service on the part of opposite party so as to entitle the complainant to the reliefs.<br /> 4. In support of her version complainant Gian Kaur has produced in evidence affidavit and documents Ex.C1 to C5.<br /> 5. On the other hand opposite party produced in evidence affidavit Ex.R1.<br /> 6. Both the counsel could not advance arguments so it was considered expedient to go through the pleadings and evidence filed by the parties to avoid delay in the case. From the perusal of pleadings of the parties it is apparent that complainant has been receiving the water supply from Municipal Council from the water supply line laid down by the opposite party in the street like other inhabitants. She insists for water supply from the pipe line laid down in Amritsar road and which was disconnected. Opposite party has clearly submitted explicit explanation that on account of length of pipe being in excess, there used to be leakage in the pipes and the water used to flow on Amritsar road resulting into its breakage and the passer-bye faced freat difficulty which necessitated laying down of branch pipe in front of the houses of the people in the street and complainant had also been taking the water connection from the branch line and utilizing the water supply. We, therefore, do no find any justifiable grievance on the part of complainant or any actionable claim against Municipal Council, Kapurthala because the Municipal Council has to take into account convenience of the public at large and feasibility of engineering work like laying down of sewerage pipe and water pipe. Moreover, there was no protest on the part of complainant against such move of the M.C. at the earliest possible opportunity. Complaint Ex.C3 filed by Phuman Singh against M.C. Kapurthala has got no relevancy to the case of complainant nor civil litigation between Gian Kaur vs. Uttam Kaur vide Ex.C2 pending in the Hon'ble High Court.<br /> In the ultimate analysis of aforesaid discussion, we do not find merit in this complaint and same is hereby dismissed with no order as to costs.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : ( Surinder Mittal ) ( A.K. Sharma )<br /> 19-8-2008 Member President.