Brajakishor Panigrahi filed a consumer case on 06 Apr 2010 against Radheshyam Mohapatra, in the Bargarh Consumer Court. The case no is CC/09/66 and the judgment uploaded on 30 Nov -0001.
Orissa
Bargarh
CC/09/66
Brajakishor Panigrahi - Complainant(s)
Versus
Radheshyam Mohapatra, - Opp.Party(s)
Sri S.P.Mishra
06 Apr 2010
ORDER
OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT) DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA consumer case(CC) No. CC/09/66
Brajakishor Panigrahi
...........Appellant(s)
Vs.
Radheshyam Mohapatra, Kishor Meher
...........Respondent(s)
BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI GOURI SHANKAR PRADHAN
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Presented by Sri G.S.Pradhan, President. In brief the case of the Complainant is that, the Complainant has deposited the required security amount and make an agreement with the Opposite Parties for availing smooth and proper supply of drinking water to the house of the Complainant. The Complainant was also paying Rs. 60/-(Rupees sixty)only per month to the Opposite Parties committee for supply of drinking water to his house. As such he is a consumer of Opposite Parties. The Complainant alleges that, the Opposite Parties were supplying very scanty water for his family till the month of January-2009. The matter was reported verbally on different dates and occasion to the Opposite Parties requesting them for proper supply of required water. The Opposite Parties also undertook to give proper service and as such the Complainant remained silent over the mater. But lastly since February-2009, the Opposite Parties without any reason, stopped the water supply for drinking and domestic purposes of his family, for which the Complainant suffered irreparably being deprived of getting drinking water. Repeated oral report were made by the Complainant to the Opposite Parties requesting to do the needful but the Opposite Parties remained stagnant in their position which amounts to deficiency in service by the Opposite Parties towards the Complainant. The Complainant, at last on Dt. 12/10/2009 served a Regd. pleader notice requesting theirin to do the need full but after received of the said notice the Opposite Parties sent a reply, by Regd. post to the Advocate of the Complainant on Dt. 23/10/2009 denying all the allegations made by the Complainant in toto and they have thrown falls accusesions upon the Complainant denying their liability. Hence this case. The Complainant claims Rs. 2,00,000/-(Rupees two lac)only for his mental agony to which the Opposite Parties are liable to pay by way of damage and compensation. In their joint version the Opposite Parties admit that the Complainant become customer of the Opposite Parties committee by furnishing the security deposit for smooth and proper supply of drinking water to the house of the Complainant but denied that the complainant was paying Rs. 60/-(Rupees sixty)only per month to the Opposite Parties regularly. The Opposite Parties denied all other allegations made by the Complainant and submits that the consumer is required to file an under taking along with the application form where in the consumers under takes to pay up to date water charges i.e. Rs. 60/-(Rupees sixty)only per month, by 20th of every month failing which, the committee shall have very right to disconnect the water supply. But the Complainant has not paid the monthly charges of Rs.60/-(Rupees sixty)only since March-2009. As per the under taking, the Complainant is not entitled to get the facility of water supply since April-2009. But the Opposite Parties are still supplying water to the house of the Complainant, though he is entitled for disconnection. The Opposite Parties challenges the maintainability of this case on the ground of non-joinder of necessary party. The Opposite Parties prays for dismissal of the case with cost. Perused the Complaint petition, Opposite Parties's version and the copy of documents filed by the Parties in respective of their case and find as follows:- To get proper and smooth supply of drinking water to his house, the Complainant paid Rs. 1,000/-(Rupees one thousand)only as security amount to the Opposite Parties's committee and became a consumer of Opposite Parties are not disputed by the Parties. The Complainant has also paid the water charges i.e. Rs. 60/-(Rupees sixty)only per month till January-2009 to which he has filed the copy of receipt. The Complainant alleges that though he was paying the fees for proper supply of water to his family but the Opposite Parties were supplying very scanty water which was not sufficient to his family. Further alleges that with out supplying proper drinking water to the Complainant, the Opposite Parties have stopped the water supply with out any reason since February-2009. A pleader notice Dt. 12/10/2009 was sent by the Complainant requesting the Opposite Parties to do the need full which was replied by the Opposite Parties on Dt. 23/10/2009. The Opposite Parties denied all the allegations of the pleader notice and contend that as per the undertaking made by the Complainant, that he has no any objection if the water supply break down due to power failure or mechanical trouble in pump and the consumer has not any objection if the water supply is not adequate due to problem developed and lastly the consumer under take that it would be the responsibility of the consumer to pay the up to date water charges bill by twentieth of every month failing which the committee shall have right to disconnect the water supply. The application form filed by the Complainant for connection of water supply before the Opposite Parties, proves the version of the Opposite Parties. The Complainant has not adduced any documentary evidence or in any other form or at least an affidavit sworn by his co-villages to prove its case. With out any supporting evidence of the allegation made by the Complainant, the allegations can not be established against the Opposite Parties. To prove an allegation it must be supported by evidence. In this case the Complainant has failed to establish a case of deficiency in service by the Opposite Parties. In the result, the Complaint is dismissed. Complaint disposed of accordingly. No Cost/Compensation.
......................MISS BHAGYALAXMI DORA ......................SHRI GOURI SHANKAR PRADHAN
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