DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.167/2008

Sh. Arjun Singh

S/o Late Sh. Dalpat

R/o B-V/94, UDAP Colony,

Nehru Nagar, New Delhi-110065                                  ….Complainant

Versus

1.      The Director, CPWD

          Nirman Bhawan

          New Delhi-110011

2.      Chief Engineer (NDZ-IV)

          CPWD Sewa Bhawan

          R. K.  Puram, New Delhi-110066

3.      Executive Engineer (P Division)

          CPWD, Andrewsganj

          New Delhi                                                       ….Opposite Parties

                                                  Date of Institution      :      20.03.2008      Date of Order    :     06.11.2017

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

Briefly stated, the case of the complainant is that he was allotted a govt. accommodation bearing flat No.B-V/94, UDAP Colony, Nehru Nagar, New Delhi through Directorate of Estate, Nirman Vihar, Govt. of India by the OPs on 24.07.2007 and the HRA was being deducted from his salary and such he is a consumer as defined under Section 2(1)(a) of the Consumer Protection Act. The maintenance of the aforesaid flats is being carried out by the OPs and they are responsible to provide all the necessary facilities like water, electricity, civil works etc.  It is stated that the water being provided to the complainant and other allottees by the OPs in this colony is hard groundwater and the source of supply of the water is tube-well installed by the OPs in the premises of the colony which is not even fit for washing utensils, clothes and bathing.  It is submitted that the complainant came to know that these flats were constructed by the OPs in the year 1995 graded with Type-IV flats for allotment to the employees of Ministry of Energy and the colony was named as Urja Daksha Awashiya Parishar (UDAP) and at the time of constructing these flats, Delhi Jal Board had refused to issue NOC to the OPs regarding supply of water and despite this fact the OPs got constructed the flats on their own responsibility at the cost of public exchequer worth in crores of rupees. According to the complainant,  due to acute water problem, amongst others,  the employees of Ministry of Energy refused to accept the accommodations and ultimately the OPs allotted these flats to the employees of other Central Govt. employees including employees of Combined Police Organization by de-grading these flats one type below i.e. Type-III. Besides other problems, the colony is not fit for residential purpose because there was no wall boundary for the colony which is a security threat to the allottees but the complainant restricts his grievance relating to water only. It is submitted that the OPs got constructed a rainy water harvesting plant and a mini Chlorine plant for the purpose of purifying the tube well water  but even the same are also not functional for the reasons best known to the OPs. The colony through its Welfare Association had taken the matter with the OPs several times to resolve the acute problem of water supply but they did not pay any heed and the complainant/allottees is/are being compelled to use this hard groundwater at the peril of their health.    Superintending Engineer (CPWD) vide his letter No.23 (430) W-II/DCC-8/837 dated 19.09.2003 wrote to Chief Engineer (Civil)-I, Delhi Jal Board, Karol Bagh, New Delhi regarding supply of water in this colony but to no avail. In the letter dated nil written to Hon’ble Chief Minister of Delhi, the minutes of meeting held on 14.11.2000 in the Chamber of Chief Engineer, NDZ-IV, CPWD (OP No.2) on 14.11.2000 to review the action taken on First Inter Departmental Coordination Meeting which was held on 12.09.2000. In para 2 (d) of the said minutes it was stated that an underground water tank at Sriniwaspuri ( the Govt. colony maintained by the OPs) is presently under construction and issue of separate water supply line for UDAP colony, Nehru Nagar will be considered when the construction work is completed.  In this letter, the OPs admitted the fact that the allottees were facing unbearable problem for not providing even the basic and fundamental need of water.  It is further stated that the underground water tank at Sriniwaspuri had already been completed about 6 years ago and supplying water smoothly but still the OPs did not take any step for providing separate water supply line or any other alternative source for the government flats in question even though the OPs assured for the same which shows that the OPs are not serious about the supply of portable water. It is further submitted that  by not providing the good quality water to their allottees/ complainant rather supplying the hard groundwater which had been resulting many water borne disease shows gross negligence on the part of the OPs.  Due to the negligence on the part of the OPs the complainant and his family suffered mental agony, water borne diseases and also suffered the financial loss as the complainant is being compelled to purchase 5 cans of water per day at the rate of Rs.35/- per can totalling to Rs.175/- per day for which the complainant is entitled to get compensated. Hence, pleading deficiency in service and negligence on the part of the OPs, the complainant has filed the present complaint for issuing the following directions to the OPs:

(a)          to provide good quality potable water to the complainant/allottees of the UDAP Colony, Nehru Nagar, New Delhi with immediate effect,

(b)          to award the compensation of Rs.10,000/- to the complainant for the  mental agony and physical illness suffered by the complainant and his family and also award Rs.175/- per day for the financial loss being suffered by the complainant from the date of allotment of his accommodation till the good potable water is provided.

          OPs in their written statement have inter-alia that in most of the government colonies CPWD looks after the maintenance of the main structure of the building and inside services of the accommodation.  External services such as maintenance services of roads, path sewer line, water supply and electricity of these colonies are provided by the local civil body which is the MCD and DJB.  It is submitted that inspite of repeated requests by CPWD to DJB no bulk connection is provided by DJB to the Govt. colonies of Nehru Nagar. “Whereas to adjacent private Nehru Nagar Colony, DJB connection exists”. So far as construction of the colony is concerned it is submitted that the same had been done after getting approval from the local body which is MCD, DJB earlier named as Water Supply and Sewerage Disposal Undertaking (WS & SDU) which was also a part of MCD. So, it is the responsibility of the DJB to provide a bulk connection of water supply to the colony which is constructed as per approved plan. However, in the absence of DJB water supply connection CPWD has no other option except to resort to bore well supply to this colony.  It is submitted that the DJB had already sealed  the private bore wells in Delhi and CPWD cannot bring water from any other source and the DJB may be asked to provide water supply connection.  It is submitted that the bore well water had been got tested from time to time although bore well water is hard but the same is supplied after chlorination as no other  source of supplying of water is available with CPWD. It is reiterated that supplying of potable water is the responsibility of the local body which is DJB. The position of getting water from neighbouring state i.e. Uttar Pradesh has very much improved since 2007 but the DJB did not provide water supply connection as yet.  It is submitted that the Residential Welfare Association (RWA) of the colony is also aware and making efforts at their level to get the DJB water supply connection but no allottee is making individual complaints of hair loss or otherwise as they know that they have the option of getting alternative accommodation elsewhere based on the other rules and regulations framed by the Directorate of Estate, Govt. of India.  OPs have prayed for dismissal of the complaint with costs.

          Complainant has filed a rejoinder to the written statement of the OPs. It is stated that it is the first and foremost duty of the OPs to first resolve the water problem amongst other problems, thereafter they should have given the accommodation for allotment. The complainant came to know that the Delhi Jal Board did not issue them No Objection Certificate in respect of water as the area is declared hilly area but even then on their own risk the OPs got constructed the said accommodation at the cost of heavy public exchequer. The OPs cannot escape from their liability by simply saying that for the more than 12 years many allottees are living in the said accommodation. The OPs have forgotten to keep in mind that there are many allottees who are residing for the last 12 years. Most of the employees take option to change accommodation instead of approaching the Forum as the higher authorities/OPs never take any interest to resolve the problem but, however, the complainant cannot exercise the option of change of accommodation as he had already got of change of accommodation.

          Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. P.S. Bassi, Executive Engineer has been filed in evidence on behalf of the OP.

          Written arguments have been filed on behalf of the parties.

          We have heard the complainant and have also gone through the file.

          While going through the file, we come across the order sheet dated 12.01.2012 recorded by our predecessors which reads as under:-

          “Heard. Both parties have filed their affidavit in respect of the status report which shows that the potable water has been provided to the complainant on 8.1.12. Both parties have concluded the proceedings of the complainant. Now, for arguments to decide the quantum of the compensation if any paid to the complainant for 4.6.2012.”

In view of this, the only question to be decided by this Forum is with regard to quantum of the compensation, if any, to be paid to the complainant. 

As per averments made in the complaint, the complainant had been allotted flat bearing No. B-V/94, UDAP Colony, Nehru Nagar, New Delhi vide letter dated 24.07.2007 and he occupied the same on 01.08.2007. It is clear from the contents of the complaint itself that on the date of occupation of the said flat by him on 01.08.2007, there was no supply of Delhi Jal Board water to the said colony and the allottees had been getting supply of water through tube-well.

Correspondence was being made in this regard with the officials of the OP since 1999. On the date of occupation of the said flat, the complainant had the knowledge that the flats in the said colony had been getting water supply through tube-well and not through Delhi Jal Board. Therefore, the complainant had taken the possession of the said flat with full knowledge of the fact about the non-supply of Delhi Jal Board water to the said colony. Therefore, in our considered opinion, by his own act and conduct, the complainant has become not entitled to award of any compensation.

In view of the above discussion, we hold that the complaint so far as the same relates to supply of good quality potable water has become infructuous and the complaint is not entitled to any compensation.

In view of the above discussion, we dispose of the complaint with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 06.11.2017.