DATE OF FILING : 10.07.2015.
DATE OF S/R : 07.09.2015.
DATE OF FINAL ORDER : 08.12.2015.
Belarani Naskar,
wife of late Janardan Naskar,
residing at village Podrah Halderpara,
P.O. Podrah, P.S. Sankrail,
District Howrah………….…………………………………………….. COMPLAINANT.
1. The Executive Engineer,
Kolkata Metropolitan Water & Sanitation Authority,
Makardah Road, P.S. Dasnagar,
District Howrah,
PIN 711105.
2. Srikanta Mondal,
3. Paresh Mondal,
both are sons of late Sambhunath Mondal,
residing at village Podrah Halderpara, P.O. Podrah,
P.S. Sankrail, District Howrah,
PIN 711109. ………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Belarani Naskar, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. no. 1 to give water connection at the premises of the complainant with the help of local police authority, to restrain the o.p. nos. 2 & 3 from creating any disturbance at the time of effecting water connection and to pay Rs. 50,000/- as compensation and Rs. 10,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- The case of the complainant, in brief, is that she is the owner and occupier of the bastu land together with one storied pucca structure standing thereon under Mouja Podra, P.S. Sankrail, Howrah, as described in Schedule ‘A’. To lead her life smoothly, she applied before the o.p. no. 1 for water connection and the o.p. no. 1 inspected the spot and issued a quotation in favour of the complainant and the complainant deposited a sum of Rs. 30/- for service connection charges towards incidental charges on 27.03.2013 vide Annexures P3. But even after receiving the same o.p. no. 1 did not install the water service line at the schedule premises. Complainant also approached the Thanamakua Gram Panchyat to get her water service connection and there is a letter dated 08.6.2015 written by one Member, namely, Smt. Supriya Haldar of Thanamakua Gram Panchya vide Annexure P/4. But still no fruitful result came out. So finding no other alternative complainant filed this instant case with the aforesaid prayers.
- Notices were served. O.p. no. 1 appeared and filed written version. But the o.p. nos. 2 & 3 appeared but did not file any written version. Accordingly, the case was heard on contest against o.p. no. 1 and ex parte against the rest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written version filed by the o.p. no. 1 and noted their contents. It is the specific plea taken by the o.p. no. 1 that complainant simply purchased an application form for getting new water connection at her premises on payment of Rs. 30/- on 27.3.2015 and immediately within two days i.e., 29.3.2015 the o.p. no. 1 sent its men to ascertain physical eligibility to install new water connection at the complainant premises. During such preliminary enquiry, the o.p. nos. 2 & 3 started tremendous disturbance with vehement objection and threatening words towards the o.p. no. 1 and plumbers that complainant has no right to take new water connection through the ‘B’ schedule passage. So o.p. no. 1 failed to conduct proper enquiry and no work order could be issued in this connection. O.p. no. 1 further stated that a person willing to get water connection is, firstly, to buy an application form after that an inspection would be conducted by the concerned authority. Thereafter he would be directed to fill up a proper form and deposit the same before the concerned official to deposit requisite charges with comes around Rs. 2100/- including service connection charge, ferrule charge etc. But as the preliminary enquiry could not completed, due to vehement objection of o.p. nos. 2 & 3, there was no question of depositing the requisite charges of Rs. 2,100/- or other by the complainant and no question of issuing work order by o.p. no. 1. So o.p. no. 1 prays for dismissal of the instant complaint as there was no deficiency in service on their part.Complainant has also admitted that there was huge objection by the o.p. nos. 2 & 3. But it is to be kept in mind that water is life. No life can remain alive without water. And the concerned authority for giving such water connection is always at liberty to install the service line Complainant has proved her occupancy by way of submitting her ration card, voter I/D card and the tax receipt with respect to the schedule premises vide Annexure P/1 & P/2 collectively. And complainant is the wife andlegal heir of Janardhan Naskar, since deceased. So considering all aspects we hold that the complainant is very entitled to new water connection in her nameto be installed at the schedule premises.Accordingly, the petition of complaint is allowed in part against o.p. no. 1. Points under consideration are accordingly decided.
In the result, the application succeeds.
Hence,
O R D E R E D
That the C. C. Case No.251 of 2014 ( HDF 251 of 2014 ) be allowed in part against the o.p. no.1 without costs and dismissed against the o.p. nos. 2 & 3 without costs.
That the O.P. no. 1 is directed to install the water connection at the schedule premises of the complainant after observing all official formalities within one month from the date of this order with the help of local police, if necessary. The o.p. nos. 2 & 3 are hereby strictly directed not to raise any objection, whatsoever, at the time of installation of water connection i.d., they are to face legal consequence.
The O.C., Sankrail P.S., Howrah, is hereby directed to accord necessary assistance in this regard.
No order as to costs and compensation.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
