By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to pay Rs.10,000/- as compensation for the deficiency of service from the part of opposite party.
2. Brief of the complaint:- The complainant is a consumer of opposite party wide consumer No. MTL/197D. But the complainant is getting water supply since August 2014 onwards. The complainant gave so many complaints to the opposite party, but no action taken. There is water leakage 500 meters away from the house of complainant for several days, but the opposite party did not care. Since there is deficiency of service, the opposite party is not solving the problems of people including the complainant. The complainant paid the water charge up to December 2014. The opposite party gave an additional bill on 02.07.2014 for a sum of Rs.1,221/- towards water charge. The complainant paid that amount also. But the complainant is not getting water supply. The complainant was getting water from outside by giving huge amount. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notice was issued to opposite party and the notice was served to the opposite party on 07.03.2015. The case was posted on 06.04.2015. The opposite party did not appear before the Forum on 06.04.2015 and not filed version. Hence opposite party's name called absent and set ex-parte. The complainant filed proof affidavit.
4. On perusal of complaint and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1. Documents are marked as Ext.A1 to A3. Ext.A1 is the provisional Invoice card, wherein the consumer number of complainant is noted as MTL 197/D in the name of complainant. Monthly amount to be remitted is also stated as Rs.20+2. In Ext.A2, payment schedule the details of payment made by the complainant is noted. Ext.A3 is the Receipt issued by opposite party to the complainant as payment of Rs.340/- as water charge paid by complainant on 27.12.2013. Ext.A1 to A3 shows that the complainant is a consumer of opposite party and is paying water charges as and when it become payable. Now the case of the complainant is that he is not getting water supply since August 2014. The complainant stated all these facts in the complaint as well as in the proof affidavit. But considering all these evidences, the Forum found that the case of the complainant is genuine unless and until it is disproved by the opposite party. So the Forum is of the opinion that there is deficiency of service from the part of opposite party. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.3,000/- (Rupees Three Thousand) only as compensation to the complainant and Rs.2,000/- (Rupees Two Thousand) only as cost of the proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for the whole amount thereafter. The opposite party is also directed to supply the water to the complainant without any hindrance in future.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of April 2015.
Date of Filing:02.12.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Ali. K (Affidavit). Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Copy of Provisional Invoice Card.
A2. Copy of Payment Schedule.
A3. Receipt. dt:27.12.2013.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
