Orissa

Cuttak

CC/354/2023

Bibhu Prasan Parija - Complainant(s)

Versus

The General Manager,Water Corporation of Odisha(Watco) - Opp.Party(s)

P K Mohanty & associates

03 Feb 2024

ORDER

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

C.C.No.354/2023

          Shri Bibhu Prasanna Parija,

S/o: Late Gokulananda Parija,

At:Bidanasi Bandha Chhaka,

P.O:Abhinav Bidanasi,P.S:Bidanasi,

Cuttack City,Dist:Cuttack.                                             ... Complainant.

 

          Vrs.

 

1.        The General Manager,

Water Corporation of Odisha(WATCO),

Sewerage Division,Kaliaboda Road,

Mahanadi Vihar,P.O:Naya Bazar,

                  Cuttack-753004

 

2.        Assistant Manager,

WATCO,Sewerage Division, Kaliaboda Road,

Mahanadi Vihar,P.O:Naya Bazar,

                 Cuttack-753004.                                                                 ...Opp .Parties

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    18.10.2023

Date of Order:  03.02.2024

 

For the complainant:           Mr. P.K.Mohanty,Adv. & Associates.

For the O.Ps               :             None.

 

Sri Debasish Nayak,President

Case of the complainant as made out from his complaint petition in short is that he is a permanent resident of Bidanasi where he resides with his family for around 23 years.  He had constructed septic tank for his building inside his campus and was emptying the said septic tank as and when required at his own expenses.  In the year 2019, the JICA Authorities persuaded him to avail the benefits of their sewerage connection for his residential house as because they had laid sewerage pipe lines infront of the house of the complainant beside the public road.  When the complainant consented, he was allotted consumer no.WS/CTC/2215508.  The complainant had also paid the sewerage charges in advance to the tune of Rs.538/- vide receipt no.5/23-24/1275996.  The complainant had agreed to pay the monthly sewerage connection service charges regularly to the WATCO,Division Office,Cuttack and had subsequently closed his own septic tank.

          Unfortunately, in the month of July,2023, the complainant could notice that there was reverse flow of sewerage materials and water into the personal sewerage pipe line of the complainant from the public manhole through the inspection chamber as a result of which there was blockage of flow in the toilet materials.  There was overflow of the sewerage materials from the sewerage inspection/small chambers and drain those which were constructed inside the campus of the complainant and thereby diffusing foul smell in and around causing an unhealthy and unhygienic atmosphere.   Apprehending health hazard to his inmates, the complainant immediately lodged a complaint vide no.45 on 17.7.2023 and subsequently another complaint bearing no.1433 on 3.10.2023.  But to his dismay there was absolutely no response from any of the O.Ps and inspite of his repeated persuasions on several occasions no result yielded.  Similar was the situation in the neighbouring houses of the complainant who had also lodged complaints.  Having no other way out, the complainant has filed his complaint before this Commission seeking refund of the deposited amount with the O.Ps towards the sewerage service charges with effect from the month of July,23 till October,2023 and further has demanded from the O.Ps compensation to the tune of Rs.2,00,000/- for causing such sufferings and harassment to him.

          Alongwith his complaint petition, the complainant has annexed a copy of payment receipt for sewerage of WATCO,Office of the General Manager for a sum of Rs.538/- on 3.5.2023.

2.       Both the O.Ps having not preferred to contest this case have been set exparte vide order dated 6.12.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

  Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the contents of the complaint petition, the written note of submission as filed by the complainant so also the copy of the document showing the payment of sewerage service charges as paid by the complainant, this Commission unhesitatingly arrives at a definite conclusion that infact the complainant had availed the sewerage services of the O.Ps and had paid a sum of Rs.538/- to that effect in advance.  The complaint of the complainant regarding back flow/reverse flow of the sewerage water from the public JICA sewerage pipe line into the residence of the complainant through the Inspection chamber and sewerage pipe line causing a filthy atmosphere thereby diffusing pungent odour in the vicinity is a matter of great concern.  By not responding promptly, this Commission finds both the O.Ps to be deficient in their service here in this case.  Accordingly, this issue goes in favour of the complainant.

Points no.i & iii.

From the facts and circumstances as discussed above, the complaint is undoubtedly maintainable and the complainant is ofcourse entitled to the reliefs as claimed by him.

ORDER

Case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to refund the monthly service sewerage charges as deposited by the complainant from July,2023 to October,2023 @ Rs.49/- per month to him forthwith.  The O.Ps are also directed to pay to the complainant  a sum of Rs.1,00,000/- towards compensation for his mental agony and harassment and to pay further to the complainant another sum of Rs.25,000/- for his litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on this the 3^rd day of February,2024 under the seal and signature of this Commission.                                                                       

                                                                                      

  Sri Debasish Nayak

                                                                                             President

 

 

                                                                                          Sri Sibananda Mohanty

                                                                                      Member