DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No. 15 of 2013
Debraj Meher, S/o. Late Bishnu Meher, aged about 68 years, Occupation – Cultivation, R/o. village Binka, Ward No.IX(Binka NAC), P.O./P.S. Binka, District – Subarnapur.
………… Complainant
Vrs.
1. Executive Engineer (Town Water Supply) Bolangir, At/P.O./P.S./District - Bolangir
2. Asst. Engineer, P.H.D. (Town Water Supply) Subarnapur,
3. Junior Engineer P.H.D. (Town Water Supply) Binka,
Both O.P. No.2 and 3, At/P.O./P.S. Sonepur, District - Subarnapur
…… Opp. Parties
Advocate for the Complainant …………. Sri R.S.Meher
Advocate (G.P.)for the O.Ps. …………. Sri B.K.Dash
Present
1. Sri S.C.Nayak, President
2. Smt. S.Mishra Lady Member
Date of Judgement Dt.14.8.2015
J U D G E M E N T
By Sri S.C.Nayak, P.
This is complainant’s case alleging deficiency of service on the part of the O.P.
The complainant’s case is that he had been allotted consumer No.63/BK and water connection had been given to him in December 1991. As the complainant was paying his dues regularly and the O.P. defaulted in supply of water, the complainant filed C.D.C. case No.9/2010 which was allowed in his favour.
The O.P. without the knowledge of the complainant disconnected his water connection. For this complainant approached the O.P. for water connection, but the O.P. assured to connect the same after availability of water in the entire Binka town. The entire town has been supplied with water sufficiently since 2012 by installing the new over head tank in Binka N.A.C. The complainant approached the O.P. for connection of water. But the O.Ps. are deliberately not supplying water out of grudge.
-: 2 :-
After this complaint filed grievance before the Collector on 21.9.2012 and Collector Sonepur called for show cause to the O.P. who did not respond to the same. Hence the complainant has filed this consumer case. Due to non supply of water by the O.Ps. the complainant has suffered mentally, physically and also his prestige has been hampered in the social sphere. Further the complainant alleged that the O.Ps. are liable to pay the medical expenditure as the family members of the complainant fell ill. So complainant has prayed that the O.Ps. be directed to connect the water connection immediately and they shall also pay Rs.69,999/- towards compensation and Rs.30,000/- towards cost of litigation.
The O.Ps. have averred that the forum observed regarding non supply of water to the resident of the complainant for a particular period and directed the O.P. to refund water tax in the earlier consumer case. So the O.P. finding no other way as there was no possibility to rectify the water supply disconnected water supply to the complainant’s house. They allege that they have no grudge with the complainant. They further allege that water connection of the complainant has been disconnected due to insufficiency of water. Hence they prayed to dismiss the complaint.
On the pleadings of the parties and submissions made at the Bar the following points fall for determination by the Forum :-
i). Is the complainant a consumer ?
ii). Is he entitled for restoration of water connection ?
iii). Is he entitled for compensation ?
Since the complainant used to pay water rent to the O.Ps. he is a consumer within the meaning of Section 2(d)(1)of C.P.Act.
The O.Ps. have failed to show us any circular bye law which entitled to disconnect the water connection of a consumer. On the ground of insufficiency of water. The O.Ps. have also not mentioned names of other consumers whose water connection has been disconnected on the same ground. Since no other consumers have filed any
-: 3 :-
complaint before us, we are inclined to believe that only the water connection of present complainant has been disconnected for reasons best known to the O.Ps. We have perused the cause title of the complaint petition and ascertain that the complainant is inhabitant of Binka town within the district of Subarnapur. To our knowledge this town is situated on the bank of river Mahanadi, which is a perennial source of water. Water is supplied to the consumers from the river Mahanadi. So we are unable to believe the plea of insufficiency of water. If there is any hindrance for which water could not be supplied to the complainant, steps should have been taken by the O.Ps. to remove the hindrance instead of disconnecting the water connection of the consumer. We direct the O.Ps. to restore the water connection of the complainant.
Although the complainant claimed compensation and cost of litigation, he has not pressed for the same during hearing. In the peculiar facts and circumstances of this case we are also not inclined to allow the same. In the result this complaint is partly allowed. We order accordingly.
O R D E R
It is hereby ordered as follows :-
The O.Ps. shall restore water connection to the complainant house within one month from the date of receipt/production of this order. Complaint is partly allowed.
Dated the 14th day of September 2015
Typed to my dictation
I agree. and corrected by me.
Smt. S.Mishra Sri S.C. Nayak
Lady Member President
Dt.14.9.2015 Dt.14.9.2015
