DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.135 of 15
DATE OF INSTITUTION: - 29.04.2015
DATE OF ORDER: - 11-01.2016
Pappu aged 45 years son of Shri Ram Avtar, resident of Charkhi Dadri, Tehsil Charkhi Dadri, District Bhiwani.
……………Complainant.
VERSUS
- Sub Divisional Engineer, Public Health Department, Champapuri Water Supply, Tehsil Charkhi Dadri, District Bhiwani.
- State Government, Public Health Department, Panchkula.
..……….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Shri Balraj Singh, Member
Smt. Ansuya Bishnoi, Member
Present:- Complainant in person.
Shri Rajpal, SDC on behalf of OP no. 1.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that he had water connection bearing no. 6610 and paid the bill till 2008. The complainant alleged that from April 2008 to March 2015 there was no water supply in his area and the complainant was shocked to see the bill. The complainant further alleged that he visited the office of opposite parties several times and requested to correct the water bill but they have failed to do so. The complainant further alleged that he made several complaints to Ops regarding impure supply of water but they did not pay any heed. The complainant further alleged that he made several written complaints before many authorities but to no avail. The complainant further alleged that the water supply given by the Ops was polluted as the same was not tested from the approved laboratory and he made several complaints to the Ops but they did not pay any heed. The complainant further alleged that due to the act and conduct of the Ops, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of Ops and as such, he had to file the present complaint for seeking compensation.
2. Opposite party no. 1 has filed reply stating, inter-alia, therein that after investigation it was found that there was no complaint of water supply in the area of Pappu son of Ram Avtar and fresh water was supplied. It is also submitted that the compensation claimed by the complainant for mental agony, physical harassment and economically loss is misconceived, absurd and bogus and as such, he is not entitled for any compensation. Therefore, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party no. 1. It is prayed that the complaint be dismissed with costs.
3. In order to make out his case, the complainant has placed on record Annexure C1 to Annexure C-12 alongwith supporting affidavit.
4. We have heard the complainant in person and authorized representative for the OP no. 1 & perused the relevant record.
5. The complainant has made several applications to the OPs regarding the non supply of drinking water and the supply of polluted water. He has contended that due to irregular supply of drinking water he has to purchase the water for drinking through the supply of water tanker. He has contended that the Ops have illegally and without any justification has imposed penalty and surcharge on him.
6. On the other hand, the authorized representative for the Ops contended that the complainant has not paid any bill towards the consumption of water supply by the Ops. Hence the complainant is liable to pay the surcharge and penalty etc. Keeping in view the facts and circumstances of the case, we direct the Ops to issue fresh bill without surcharge and penalty and the complainant is directed to pay the same to the Ops and after the payment of the said bill his water meter be registered by the Ops in its records. With this observation, the complaint of the complainant is hereby disposed of with no order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 11.01.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi), (Balraj Singh),
Member. Member.