::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.60/2017.
Date of filing: 21.09.2017.
Date of disposal: 13.03.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Syed Meer Zulferkar Ali
S/o Syed Meer Fayaz Ali,
Age: Major, Occ: Private Work,
R/o H.No.5-2-101, Gokekhana,
Patalnagri, Bidar-585401.
(By Sri. P.M.Deshpande, Adv.)
VERSUS
OPPONENT/S: 1) The Commissioner,
City Municipal Council,
Bidar .
(Exparte.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
This is a complaint u/s 12 of the C.P. Act, 1986, filed against the O.P. a local body alleging deficiency of service.
The sum total of the complaint is hereunder.
2. That, the complainant is a resident of Golekhana, Patal Nagari, Bidar and he stays in that locality with family members, in his own house. He pays municipal taxes, cess and other charges for the water tap installation and tap water.
3. That, for a long time, he has been receiving dirty, polluted water, which is hazardous and has caused health complications and resultant hospitalization and treatment.
4. It is the say of the complainant that, he had approached the civic authorities at Bidar several times to no avail and he has got the water tested at the District level water testing laboratory at Bidar and has obtained the certificate regarding the polluted water.
5. He has claimed compensation of Rs.1,00,000/- towards treatment costs and damages. He has enhanced the same to Rs.3,00,000/- vide his written arguments.
6. The complainant has submitted four documents in support of his case and filed his evidence affidavit, mere or less reiterating his complaints averments.
7. The O.P. though served has not choosen to appear or participate in the case inspite of being served and has been placed exparte vide orders date: 03.01.2018.
8. In the absence of any contest or denial from the O.P. we have to take the complaints averment in its face value and fix the following points for consideration.
- Does the complainant prove deficiency of service?
- What order?
9. Our answers to the points stated above are as follows:-
Point No.1. In the affirmative in part.
Point No.2. As per final orders, owing to the following.
:: REASONS ::
10. Point No.1. On the surface of it, the case appears to be a class action one. Every conscious citizen residing at Bidar is a witness of the fan fare at the commencement of 24x7 water supply scheme. So also, every citizen is aware of the mind bungling excavation of roads, abandoning the trenches, ditches, dust dunes for months together, oblivious of the sufferings of the citizens. The narrow streets of Golekhana locality had remained a living hell for long time and undoubtedly the mechanical unscientific excavation of road surface and its sides had caused the rupture of water supply pipes and resultant mixing of drainage and other impure water. No civic authority in a civilised country can be permitted to remain aloof from citizens’ suffering that too when a most essential ingredient (drinking water) for human life and health is at stake. The opponents’ stubborn attitude in not participating in a legal proceeding proves its’ apathy towards the citizens. The same cannot be ignored.
11. On the other hand, even though the complainant has claimed to have paid municipal taxes, cess and water supply charges, and has further claimed to have incurred huge expenses for illness due to consumption of contaminated water, not a scrap of paper has been led before us, substantiating such claim.
12. Resultantly, we answer the point No.1 partly in the affirmative and proceed to pass the following:-
::ORDER::
- The complaint is allowed in part.
- The opponent C.M.C. Bidar is hereby directed to conduct thorough investigations regarding the health and conditions of the water supply pipe lines throughout Bidar city and take appropriate remedial measures to repair the same, ensuring supply of potable water;
- There would be no cost or compensation awarded in favour of the complainant due to lackadaisical handling of his case;
- Eight weeks time is granted to the O.P. to remedify the water supply lines as stated above.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 13th day of March 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Ex.P.1- Acknowledged copy of the representation to the
Dy. Commissioner, Bidar. - Ex.P.2– Report of the District level water testing laboratory.
- Ex.P.3– Office copy of legal notice.
- Ex.P.4—Attested copy of Aadhar Card of complainant.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Syed Meer Zulfeeqar Ali (complainat).
Opponent.
-Nil-
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
