DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 31st day of October 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 20/04/2017
: Sri.V.P.Anantha Narayanan, Member
CC/66/2017
K.Pazhanimala,
Nochiparambu, Anamary,
Irattakulam.P.O, Alathur,
Palakkad District. 678 682. - Complainant
(By Adv.M.J.Vince)
Vs
Secretary,
Kavassery Grama Panchayath,
Kavassery.P.O, Alathur,
Palakkad District. 678 682. - Opposite party
(By Adv.B.Ravikumar)
O R D E R
By Sri.V.P.Anantha Narayanan, Member
Brief facts of the case are described below.
Complainant is a subscriber of consumer No.1425 water connection of Kavassery Grama Panchayath. Complainant got water connection to his house in January 2016. From then onwards to this date complainant pleads that he is not properly getting water. To take water connection properly, Rs.8,500/- including deposit amount was spent by the complainant. Complainant submitted that, even though there is water in the drinking water pipe line in his house connection no water is obtained and this complaint is not solved by the opposite party. On 11.07.2016 complaint of not getting water was given to the panchayath Secretary on which no action was taken and no reply was given by the panchayath. Hence the complainant contacted the Forum for Consumer Justice, Alathur, as pleaded by the complainant. They sent a letter to the opposite party on 05.01.2017 to which reply was received from the opposite party on 16.01.2017 in which the opposite party stated that since the place resided by the complainant is higher, in that place water is not obtained. Complainant pleads that in the eastern and western parts through the panchayath land drinking water pipeline is going in which line on the western side is on the lower side, that on the eastern side, is on the higher side, connection to complainant’s house was given from the line on the western side which is on the lower side. Hence, according to the complainant from this line water was not obtained to him. He suggests that if to the eastern side his connection was changed, complaint can be solved; in this part only in two houses there was panchayath water connection and hence no more persons will demand to change the connection. Without examining these things, by installing valve and extending time schedule, public are put to sufferings in this severe summer. Although complaints were given to show non supply of drinking water, for redressal of his complaint no other measures are available. Hence complainant has approached this Forum and prays to this Forum to direct the opposite party to take necessary steps to get water on his domestic water connection No.1425, to recover from the opposite party Rs.10,000/- as compensation for mental agony caused to him and his family during this severe summer and to recover from the opposite party Rs.2,000/- by way of cost of this proceedings.
The complaint was admitted and notice was sent to the opposite party to enter appearance and file version. In the version submitted by the opposite party, he denies all the statements in the complaint except those specifically admitted. The opposite party contends that the complaint raised by the complainant on 11.07.2016 was immediately examined and solved; from the complainant’s connection pipe line, new connections were given. Hence on this line a valve was installed and instructions were given to ensure availability of water to the complainant. Later on when complainant complained of not getting water even if valve was installed, strict instructions were given to the pump operator to control valve to ensure constant water supply to the complainant and his neighbours and pump operators also acted accordingly. As such there was no deficiency in service on the part of the opposite party or the pump operator. Opposite party further contends that in 2017 summer there was acute water scarcity in majority areas of this panchayath. From the tube well water was pumped, in that water was low and hence for pumping full tank water was not available in the river, also for nearby 30 houses and four public taps to get necessary water, water was not available and hence to the complainant’s house situated in hilly region it is difficult to get water and time schedule was introduced and to each place, supply of water was decided and accordingly to all the beneficiaries of the drinking water project for getting water, instructions were given by this opposite party; since in summer for all the time drinking water cannot be made available due to lack of water at its source, drinking water supply all the time was not possible. However, all steps were taken by this opposite party at the proper time to supply the available water to every one without complaint. Opposite party also contends that reliefs demanded by the complainant in this complaint cannot be allowed. In this opposite party’s service no deficiency, anomaly and insufficiency have occurred; due to this opposite party’s act complainant has not suffered any mental agony. Complainant stated that if connection is changed to the line on the eastern side, problem could be solved, on this side only in two houses there were connections and hence more persons would not approach for changing connection are also not correct. Opposite party contends that the line on the eastern side is an old line in which there are more consumers and hence more persons do not get water, also in that pipeline region SC/ST colony pipeline is there. The said pipeline is catering to drinking water needs of SC community of Idakkal colony. Under the National Rural Water Supply Programme and as per the directives of National Commission of SC, it has to be ensured that SC/ST community gets the first preference and the highest priority in drinking water supply. Finally according to the opposite party, the opposite party incurred extra cost to install a valve to make water available to the complainant and the receipt shows supply of water in the tap of the complainant which was also verified. Opposite party prays that this unnecessary complaint may be dismissed with cost to this opposite party.
Complainant and the opposite party filed their chief affidavits. The opposite party filed interrogatories and complainant filed answers to these interrogatories. Opposite party was cross examined as DW1. The documents filed on the side of the complainant were marked as Exts.A1 to A7 and from the side of the opposite party Ext.B1 series were marked. Both parties were heard.
The following issues are considered in this case.
- Whether there is any negligence and/or unfair trade practice on the part of the opposite party?
- If so, the relief and remedy available to the complainant?
Issues 1 & 2
We have perused the affidavits and documents filed by both parties. The complainant has produced provisional invoice card of water supply scheme of Kavassery Grama Panchayath which is marked as Ext.A1 which shows category of connection of the complainant, amount remitted from 1/16 to 9/17 on complainant’s consumer No.1425 etc. Complainant has given a complaint to the Secretary, Kavassery Grama Panchayath to ensure proper water supply to his house which is proved by Ext.A2. The panchayath Secretary was cross examined as DW1 who admitted that there was shortage in water supply. According to the complainant, levying bill without providing drinking water is proved by the above Exts. which amounts to occurrence of deficiency in service and unfair trade practice on the part of the opposite party. The opposite party admits the receipt of the complaint on 11.07.2016 regarding improper supply of water to the complainant. The opposite party contends that complainant’s house is situated in a place at a higher altitude which is also admitted by the complainant “]cmXn¡mcsâ hoSv DbÀ¶ {]tZi¯mWv“ as answer to interrogatories filed by the opposite party. On receiving the complainant’s letter dated.11.07.2016 the opposite party has instructed the pump operator to resolve the issue. Ext.B1 (13) letter dated.09.03.2017 sent by the Secretary, Kavassery Panchayath to Mr.Karunakaran, Pump operator Kavassery panchayath instructing the latter to control valve to ensure constant water supply to the complainant and his neighbours. Pump operators report Ext.B1 (14) explains why complainant was not getting water and suggestion to introduce a time schedule for drinking water distribution. The opposite party also contends that based on technical advice, he took steps to install a valve in the pipe line catering to the complainant to regulate the supply of water and to get water to the complainant in his tap and a valve was installed and getting of water in complainant’s tap was also verified. When the complainant further complained that even after installing the valve he was not getting water the opposite party gave strict instruction to the pump operator to regulate the valve according to a time schedule so that the complainant and the nearby residents get water regularly and the operator has performed accordingly which is clear from Ext.B1 (13) and (14). The complainant’s request to shift his water connection is not possible due to practical and technical reasons as contended by the opposite party. The pipe line on the eastern side is an old one and caters to the needs of more consumers. Moreover the said pipe line is catering to drinking water needs of SC community of Idakkal colony. Under the National Rural Water Supply Programme and as per the directives of National Commission of SC, it has to be ensured that SC/ST community gets the first preference and the highest priority in drinking water supply. Finally according to the opposite party, the opposite party incurred extra cost to install a valve to make water available to the complainant and the receipt shows supply of water in the tap of the complainant which was also verified.
After paying the prescribed fees the complainant availed a water connection from the Kavassery Panchayath, but he found that he was not getting water from the tap installed because there was no supply of water although he was asked to make payment regularly by the panchayath authorities. This shows deficiency in service and unfair trade practice on the part of the opposite party. We also observe that complainant has given a complaint on 11.07.2016 to the opposite party that he was not properly getting water, which is proved to have been received by the opposite party on 16.07.2016. Although, the opposite party is seen to have given strict instructions to the pump operator to ensure constant supply of water to the complainant and other consumers, only on 17.05.2018 as per the report of the pump operator, we understand that water is properly supplied by controlling drinking water supply and water is released to the complainant. Thus we view that although complaint is filed with this Forum on 20.04.2017 only after passage of more than one year of the date of filing this complaint i.e on 17.05.2018 proper drinking water supply to the complainant is seen ensured. We also view that this inordinate delay in ensuring proper drinking water supply to the complainant has caused huge mental agony to him and his family resulting from non availability of drinking water during the time of severe summer which is caused only due to service deficiency of the opposite party in properly supplying drinking water to the complainant.
Hence we decide to allow the complaint.
Opposite party is ordered to pay to the complainant Rs.3,000/- (Rupees three thousand only) as compensation for mental agony suffered by the complainant and his family and Rs.1,000/- (Rupees one thousand only) by way cost of this proceedings incurred by the complainant.
This order shall be complied within one month from the date of receipt of this order; otherwise complainant is also entitled to receive 9% interest p.a on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 31st day of October 2018.
Sd/-
Shiny.P.R
President
Sd/-
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Kavassery Grama Panchayath water supply provisional Original invoice card
issued to the complainant
Ext.A2 - Photocopy of complaint sent by the complainant to Kavassery Panchayath
Secretary Dated.11.07.2016
Ext.A3 - Original Acknowledgment card number 3661 issued by Kavassery Grama
Panchayath Secretary showing date of receipt of the complaint, name of the
applicant, subject and date of delivery
Ext.A4 - Photocopy of letter sent by Forum for Consumer Justice, Alathur to Kavassery
Panchayath Secretary Dated.05.01.2017
Ext.A5 - Original letter dated.16.01.17 sent by the Kavassery Grama Panchayath Secretary
to the Secretary, Forum for Consumer Justice, Alathur
Ext.A6 - Photocopy of letter Dated.28.02.2017 sent by Forum for Consumer Justice, Alathur
to Kavassery Grama Panchayath Secretary
Ext.A7 - Original Acknowledgment card duly signed by Kavassery Grama Panchayath
Secretary showing receipt of the letter sent by the Secretary, Forum for Consumer
Justice, Alathur
Exhibits marked on the side of Opposite party
Ext.B1 series - Complaint file submitted by the Secretary, Kavassery Grama Panchayath in
respect of complaint of this case showing steps taken by the Panchayath to
solve this complainant (40 pages)
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
DW1 - Seida Begum
Cost
Rs.1,000/-
