Orissa

Cuttak

CC/42/2018

Md. Fazlur Raheman - Complainant(s)

Versus

The Executive Engineer,PH Division - Opp.Party(s)

P R Sutar & associate

17 May 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.42/2018

 

Md. Fazlur Rahman,aged about 64 years,

S/O:Late Md. Abu Taher,

At:Anjuman Lane(Behind Madrasa),

Dewan Bazar,Cuttack-1,P.S:Lalbag,

Town & Dist:Cuttack.                                                               ... Complainant.

 

                                                Vrs.

1.         The Executive Engineer,

P.H. Division No.1,Canal Road,

Chatrabazar,Cuttack.

 

2.         The Asst. Executive Engineer,

Water Supply Sub-Division,

        Killa,Stadium Road,Cuttack.  

 

3.         The Asst. Engineer,

Water Supply Section No.2,

Town Hall,Cuttack.                                                                    ... Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    09.04.2018

Date of Order:  17.05.2022

 

For the complainant:          Ms. P.R.Sutar,Adv. & Associates.

For the O.Ps       :                         None.

 

Sri Debasish Nayak,President.

 

            The case record is put up today for orders.

The case of the complainant as made out from the complaint petition in short is that the complainant is a senior citizen pensioner who had applied for water connection to his house on 11.2.2010 from O.P No.1.  He had deposited Rs.3060/- before O.P No.3 vide Consumer No.051100506.  He admits that water was connected to his house in the year 2010 but there was no flow of water from the beginning to his house.  It is for this, he had approached the O.Ps for non-supply of water to his house and for initiation of steps to enable the flow of water to his house.  The complainant went on meeting and representing the O.Ps from 2010 to 2015 for supply of water to his house.  In the month of April,2016, he received a water bill of Rs.7112/- from the O.P No.2 for which he again met O.P No.1 through O.P No.2 on 18.6.2016 demanding supply of water to his house or else with a proposal to disconnect the connection to his house.   He also made it clear that he would not pay the water tax for non-supply of water to his house.  In the month of February,2018 there was another water tax bill given to him by the O.Ps to the tune of Rs.9580/- having a new Consumer No.3104065.  When the complainant was disgusted having approached the O.Ps on several occasions for years together and there was no result, ultimately he had to file this case claiming compensation to the tune of Rs.20,000/-  towards his mental agony, harassment and deficiency in service by the O.Ps along with to waive out penalty of Rs.9580/- levied upon him in spite of non-supply of water.

The complainant has filed copy of the relevant documents in support of his case.

In spite of notice, the O.Ps did not prefer to appear, hence they were set exparte.

3. Keeping in mind the contentions of the complaint petition, this Commission feels it proper to settle the following issues for proper adjudication of the case.

1. Whether the case as filed is maintainable?
2. Whether there is any cause of action to file the present case?
3. Whether the complainant is entitled for the reliefs as claimed by him?

Issue No.1 & 2.

            For the sake of convenience issues no.1 & 2 are taken up together first for consideration.  The O.Ps have neither appeared nor filed their written version.  Hence the averments made in the complaint petition are presumed to be true.  The complainant had deposited Rs.3060/- before the O.P No.3 on 11.2.2010 for supply of water to his house. Hence the complainant is a consumer under the O.Ps and the case is maintainable.  The complainant is not disputing the fact that water supply connection has been provided to his house by the O.Ps but his persistent allegation is that there is no flow of water supply, as a result of which he is deprived of getting water.  But on the other hand, the O.Ps are demanding water bill.  The complainant had went number of times to O.Ps and had represented to the O.Ps for supply of water to his house since 2010 to 2015, but they are not taking any effective steps for supply of water.  In the month of April,2016, he received water bill of Rs.7112/- from the O.P No.2 and objected to such bill as he has not getting water supply.  He also represented to the O.P either to supply water to his house or to disconnect water connection to his house.  But the O.Ps have not taken any steps in that regard.  Surprisingly in the month of February,2018 he received another water tax bill to the tune of Rs.9850/- having new consumer no.3104065.  Hence, it is clear that the O.Ps have not taken any effective steps for solving the problem of the complainant but raised the water bill arbitrarily.  Hence, the O.Ps have definitely committed deficiency in service and the complainant has a cause of action to file the present case.  Accordingly, both these issues are answered in the affirmative.

Issue No.3.

            The O.Ps have committed deficiency in service in not sorting out the water problem faced by the complainant rather, have arbitrarily demanded excess bill.  Hence, The O.Ps are responsible for the deficiency of service suffered by the complainant in this regard and the complainant is not liable to pay water Bill.  Hence ordered;

                                                              ORDER

            The case is decreed in exparte against the O.Ps and they are jointly and severally liable.  The O.Ps are hereby directed to take effective steps for ensuring water supply to the house of the complainant.  The complainant is not liable to pay Rs.9580/- towards the water bill as per Bill of the month of February,2018.  The O.Ps are further directed to pay a sum of Rs.20,000/- to the complainant towards mental agony and harassment caused to the complainant.   This amount would be deducted from the salary of erring officials.  This order is to be carried out within a month hence.

            Order pronounced in the open court on the 17^th day of May,2022 under the seal and signature of this Commission.

                                                                                                                                                                                                                                        

                                                                                                                            

                                                                                                                              Sri Debasish Nayak

                                                                                                                                        President

                                                                                                                       

                                                                                                                            

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.