Complaint filed on: 11.02.2015
Complaint Disposed on:01.12.2016
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.37/2015
DATED THIS THE 1st DAY OF DECEMBER 2016
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
M/s Hotel Chirag,
KIABD Industrial Area,
Plot No.44 & 45,
Amble, Chikmagalur,
Repted. By its Proprietor,
Sri. S.P.Mahesh S/o Late.Putte Gowda
(By Sri/Smt. Halekote A.Thejaswi, Advocate)
V/s
OPPONENT:
The Assistant Secretary
KIABD Zonal Office,
Industrial Growth Center,
H.N.Pura Road,
Hassan – 573 201.
(By Sri/Smt. K.B.Devraj, Advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in not supplying the water to his Hotel situated at Industrial Area, Chikmagalur. Hence, prays for a direction against OP to refund an amount of Rs.1,97,553/- with interest @ 18% which was deposited for the purpose of supply of water along with a compensation of Rs.50,000/- for deficiency in service.
2. The brief facts of the complaint is that:
The complainant is running a Hotel Chirag at Amble Industrial Area at Chikmagalur. The OP has executed the absolute sale deed and has compelled and received a sum of Rs.1,97,553/- vide receipt bearing No.146479 dated:04/07/2011 towards prorate cost of water supply charges and have executed an absolute sale deed dated:04/07/2011.
The complainant further contended that after collecting the amount towards water supply, the OP has failed to supply the water to the hotel of complainant even in spite of several requests and demands. Hence, the complainant without any alternative purchased the water from private water supplier by paying Rs.350/- per tank from 2011 to run his hotel. Hence, complainant alleges deficiency in service on the part of OP and prays direction against the OP to provide water supply to the plot No.44 & 45 where the complainant carrying hotel business or to direct to return a sum of Rs.1,97,553/- together with interest @ 18% PA from 04/07/2011 to till realization along with compensation of Rs.50,000/-.
3. After service of notice the OP appeared and filed his version and contended that in the year 2011 at the time of execution of sale deed complainant had paid a sum of Rs.1,97,553/- towards the prorate cost of water supply and they do not know that complainant had availed water from private person by paying Rs.350/- per tank to run his hotel and it is false that in spite of repeated requests and demands made by complainant, the OP has not made any arrangements to provide water facility.
OP further contended that they have taken up the water supply works at Amble Industrial Area, and the OP has already spent Rs.265/- lakhs on the water supply works and is under progress and after completion of the water supply works, the water will be supplied to all existing units including the complainant. The board has fixed the prorate cost of water supply at the rate of Rs.2,70,000/- per acre at Amble Industrial Area, for supply of water and the same being collected from the complainant and from other existing and forth coming establishing units at Amble Industrial Area. Hence, there is no deficiency in service on their part and they are not liable to pay any compensation as prayed above. Hence, prays for dismissal of the complaint.
4. The complainant filed affidavit and marked the documents as Ex.P1 & P2. The OP not filed any affidavit and no documents produced.
5. Heard the arguments:
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OP.
2. Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. The case of the complainant is that he has paid Rs.1,97,553/- in the year 2011 vide receipt No.146479 towards the supply of water by OP. But so far the OP had not supplied the water and complainant constrained to avail water from private person by paying Rs.350/- per tank. Hence, alleges deficiency in service for not supplying the water and prays for refund of the amount paid towards the supply of water. For which the OP has contended that the work of water supply is under progress and they have collected an amount of Rs.1,97,553/- from complainant and other existing units for supply of water as a prorate cost. As soon as the work is completed they are going to supply the water to the complainant. Hence, submits no deficiency in service and denies to pay the compensation for deficiency in service and refund the amount.
9. On perusal of documents it is seen that the OP has collected Rs.1,97,553/- towards water supply to the plot where the complainant running his hotel. But it is seen that on receipt of the amount, till today the OP failed to supply the water to the hotel of the complainant. Hence, there is a deficiency of service on the part of OP.
10. During the course of arguments, the OP and his advocate has submitted that they are going to return the said amount to the complainant if the complainant not willing to receive the water supply in future from OP. The complainant also agreed to the said offer.
11. But, as we observed the complainant suffered loss without supply of water and the OP in spite of receipt of money towards supply of water, did not supply the water and thereby the OP put the complainant in trouble. Hence, it is the just and proper to direct the OP to return the amount of Rs.1,97,553/- to the complainant and to pay compensation of Rs.3,000/- for deficiency in service along with litigation cost of Rs.2,000/-. As such for the above said reason, we answer the points accordingly and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is allowed in part.
- The OP is directed to return the amount of Rs.1,97,553/- to the complainant towards receipt of water supply.
- The OP further directed to pay Rs.3,000/- towards compensation and Rs.2,000/- towards litigation cost to the complainant.
- The OP.2 is further directed to comply the above order within 30 days from the date of receipt/knowledge of the order, failing which the payable amount shall carry interest @ 9% P.A. from the date of complaint to till realization.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 1st day of December 2016).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex. P1 - Copy of receipt issued by OP towards payment of deposit
Amount for water supply dated:04/07/2011
Ex.P2 - Copy of sale deed.
Documents produced on behalf of the OPs:
NIL
Dated:01.12.2016 President
District Consumer Forum,
Chikmagalur.
Tss
