IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 175/S/2014.                       DATED : 13.09.2017.   

BEFORE  PRESIDENT              : SMT. KRISHNA PODDAR,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBER                : SMT. PRATITI BHATTACHARYYA.

COMPLAINANT             : RISHI KAPOOR SHARMA,

  S/O Late Ashok Sharma,

  5-Mother Teresa Road, 41- Shastri Nagar,

  P.O.- Sevoke Road, P.S.- Bhaktinagar,

  Dist.- Jalpaiguri.

O.P.                                          : SILIGURI MUNICIPAL CORPORATION,

  Court More, Siliguri, 

  P.O. & P.S.- Siliguri,

  Dist.- Darjeeling, West Bengal.    

FOR THE COMPLAINANT         : Sri Arindam Chowdhury, Advocate.

J U D G E M E N T

Smt. Krishna Poddar, Ld. President.

The brief facts of the complainant case are that the complainant is a permanent resident of 5, Mother Teresa Road, 41, Shastri Nagar, P.O.- Sevoke Road, P.S.- Bhaktinagar, Dist.- Jalpaiguri.  The father of the complainant Ashok Sharma (now deceased) deposited on 18.01.2012 a sum of Rs.3,000/- at Canara Bank, Siliguri Branch in the name of the Siliguri Municipal Corporation towards Registration Fees for getting water connection in the above mentioned domestic holding and applied for water connection on 16.02.2012 which was duly sanctioned and water connection was given in the name of the father of the complainant by the OP Siliguri Municipal Corporation.  Some days after due to some mechanical problem of pumping motor, water supply was stopped for a period of three months and in this regard the complainant made a written complainant to the Mayor, Siliguri Municipal Corporation on 08.04.2013.  The complainant has duly paid water charges of Rs.331.00/- in advance for the month of April, 2012 to March, 2013.  Thereafter, the water supply ran smoothly for one month and again due to motor problem water supply was stopped and after waiting for about six months the complainant again made a written complaint to the Mayor, Siliguri

Municipal Corporation, Siliguri on 28.03.2014, again after one week the complainant wrote a written complaint to the Commissioner, Siliguri Municipal Corporation on 06.04.2014.  The complainant has already paid the water charge amounting to Rs.345/- in advance for the period from April to March, 2014 to the Siliguri Municipal Corporation.  The problem has not been short out and the complainant along with some local inhabitants made paper publication in Jalpaiguri Samachar dated 26.04.2014, Aajker Siliguri dated 26.04.2014 and local media CCN and Amar Cable and made written complaint on 25.04.2014 to the Commissioner of Siliguri Municipal Corporation for his intervention in the matter and on assurance of the Commissioner the complainant again paid the water bill amounting to Rs.344/- in advance for the period from April, 2014 to March, 2015.  But the problem was not solved.  The complainant submitted all relevant papers to the Janpath Samachar dated 05.06.2014 and finally the complainant wrote a written complaint to the Commissioner, Siliguri Municipal Corporation on 26.09.2014 for his intervention into the matter seriously so that he shall get pure drinking water in his resident but the problem has not been short out.  Due to such negligence of the OP the complainant has suffered immense harassment, mental agony, financial loss and also loss of time for having visited the OP time and again.  There has been gross deficiency in service and unfair trade practice on the part of the OP.  Hence, this case.                    

The OP has entered appearance and contested the case by filling written version wherein the material averments made in the complaint have been denied and it has been contended inter-alia that the instant case is not maintainable.  It has been stated by the OP that Public Health Engineering Department (P.H.E.) of State of West Bengal is the service provider to Siliguri Municipal Corporation for providing water supply to the people within Siliguri Municipal Corporation area and North Bengal Department and Siliguri Jalpaiguri Development Authority control the department and the maintenance of water supply system is carried out by Public Health Engineering Department of State of West Bengal (PHE) and it is beyond the control of Siliguri Municipal Corporation and the above named departments are the necessary parties in this case.  It has been further stated by the OP that the problem of defective water supply was due to mechanical issue within the pumping motor by which water is supplied and any such mechanical defect is repaired by the P.H.E. Department and the Siliguri Municipal Corporation has no authority or power with regard to repairment of such mechanical defects and the Siliguri Municipal Corporation within their limits and bounds had repeatedly complaint to the P.H.E. Department and later the SJDA and NBDD department after receiving funds from various departments took necessary steps for repairment/replacement of the defective pumping machine of GLR-II that supplies water to the household of the complainant in Ward No.41 respectively.  It has been further contended by the OP that cause of action arose in the place of residence of the complaint at Ward No.41 of Siliguri Municipal Corporation which is within the jurisdiction of Bhaktinagar P.S., Dist.- Jalpaiguri and this Forum has no jurisdiction to try the present case. 

It has been further contended by the OP that the complainant has not disclosed in the complaint on which date and place Ashok Sharma died and who are the legal heirs of Ashok Sharma and the complainant has no locus standi to file this case and the instant case is liable to be dismissed.               

To prove the case, the complainant has filed the following documents:-

1.       Original copy of the sanctioned Water Connection letter issued by Siliguri Municipal Corporation in the name of Late Ashok Sharma.

2.       Original copy of the money receipt dated 18.01.2012 in the name of Siliguri Municipal Corporation. 

3.       Original copy of the water bill paid receipt Memo No.7344/WS/2011-12 dated 16.02.2012.

4.       Original copy of the water bill paid receipt No.12032 dated 24.04.12.

5.       Original copy of the complaint letter dated 28.03.2014. 

6.       Original copy of the water bill paid receipt No.25292 dated 08.05.13.

7.       Original copy of the complaint letter dated 06.04.13.

8.       Original copy of the complaint letter dated 25.04.2014.

9.       Original copy of the paper cutting Aajker Siliguri, dated 27.04.14.

10.     Original copy of the paper cutting Janpath Samachar, dated 26.04.14.

11.     Original copy of the water bill paid receipt being no.49258 dated 24.05.14.

12.     Original copy of the paper cutting Janpath Samachar, dated 05.06.14.

13.     Original copy of the complaint letter dated 26.09.2014.  

          Complainant has filed evidence in-chief.

Complainant has not filed written notes of argument.

          OP has not filed examination-in-chief, any document and written notes of argument.       

Points for determination

1.       Is the case barred by territorial jurisdiction of this Forum?

2.       Is there any deficiency in service on the part of the OP ?

3.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason

          All the three issues are taken up together for the brevity and convenience of discussion.

          This is the specific case of the complainant that he is a permanent resident of 5, Mother Teresa Road, 41-Shastri Nagar, P.O.- Sevoke Road, P.S.- Bhaktinagar, Dist.- Jalpaiguri.  The father of the complainant since deceased applied for water connection and deposited registration charges of Rs.3,000/- on 18.01.2012 and accordingly obtained water connection in the above residence from Siliguri Municipal Corporation.  Sometimes after due to mechanical problem of motor, the supply of water was stopped for three months for which complainant made written complaint to the Mayor of Siliguri Municipal Corporation on 08.04.2013.  Thereafter, water supply was found running smoothly for one month and again due to motor problem supply of water was stopped for about six months.  The complainant again made a complaint on 28.03.2014 to the Mayor, Siliguri Municipal Corporation but the problem was not solved.  The complainant then wrote a written complaint to the Commissioner, Siliguri Municipal Corporation and thereafter the complainant along with some local inhabitants made paper publication in some local papers and reported in media, but the problem was not short out. 

In order to substantiate the case the complainant has submitted the original sanctioned Water Connection letter issued by Siliguri Municipal Corporation in the name of Late Ashok Sharma.  Original three water bills dated 16.02.12, 24.04.12, 08.05.13 and Xerox copy of water bill dated 24.05.14.  On perusal of the water bills we find that the complainant has paid the water charges to the Siliguri Municipal Corporation for the aforesaid periods in advance and he is not a defaulter.  The complainant submitted his examination-in-chief supported by affidavit in support of the averments made in the petition of complaint. 

The OP by filing a written version contended that this case is barred by territorial jurisdiction as the complainant resides under P.S.- Bhaktinagar, Dist.-Jalpaiguri, but on perusal of the case record, we find that this Forum is empowered to entertain this case.  Here we find that the OP Siliguri Municipal Corporation is situated within the territorial jurisdiction of this Forum and as such in view of Provision under Section 11 of the Consumer Protection Act, 1986 there is no bar to entertain this case by this Forum.  The OP raised another point stating that one Ashok Sharma was actually availed the water connection from the OP and he is now dead.  So, complainant has no locus standi to file this case.  But here we find that the complainant has filed the complaint petition supported by affidavit where he disclosed the name of his father Late Ashok Sharma.  So, there is no hesitation to hold that complainant being one of the legal heirs of Late Ashok Sharma is entitled to file his case against the OP. 

In this case complainant has submitted several letters and paper publication wherefrom it is clear that in spite of advance payment of water charges the complainant and other inhabitants of his area did not get water supply for a considerable period and in spite of several correspondences the OP failed to regularize the water supply in the residence of the complainant and other inhabitants of that area.  The OP by filing a written version has stated that Public Health Engineering Department of State of West Bengal is the service provider to Siliguri Municipal Corporation for providing water supply to the people of Siliguri Municipal Corporation area and the control and maintenance of water supply system is carried out by PHE Department and it is beyond the control of Siliguri Municipal Corporation.  The OP cannot avoid its responsibility when it appears that the OP Siliguri Municipal Corporation is receiving water charges from the complainant regularly.  Water is an essential amenity and the municipality is bound to supply the same to the inhabitants under the Siliguri Municipal Corporation area but we find from the materials and evidence submitted on the side of the complainant that in spite of several reminders the OP failed to supply water to the residence of the complainant and as such the complainant and his family members suffered immense harassment due to non supply of drinking water in their residence.  There is no hesitation to hold that due to deficiency in service on the part of the OP in the matter of supply of drinking water to the residence of the complainant for a considerable period the complainant suffered mental agony, financial loss and also loss of time for having visited the OP time and again.  The case of the complainant is established by sufficient cogent evidence. 

In the result, the case succeeds.

Hence, it is

                           O R D E R E D

that the Consumer Case No.175/S/2014 is allowed on contest in part against the OP with cost.

The OP Siliguri Municipal Corporation is directed to pay a sum of Rs.3,000/- by issuing an account payee cheque in the name of the complainant towards the compensation for harassment, mental agony and financial loss, loss of time etc. sustained by the complainant within 45 days from the date of this order.

The OP Siliguri Municipal Corporation is further directed to pay a sum of Rs.2,000/- by issuing an account payee cheque in the name of the complainant towards the litigation cost within 45 days from the date of this order.

Failing which the amount will carry interest @ 9% per annum from the date of this order till full payment. 

Let copies of this judgment be supplied to the parties free of cost.