PER SMT.T.SUNEETHA, LADY MEMBER: 

                The complainant filed this complaint under section 12 of the Consumer Protection Act, 1986 seeking directions on opposite parties to restore drinking water supply to the house of complainant constructed in Door No.11-24 (assessment No.565) of Challavaripalem, Ankireddypalem Sivaru, Nallapadu, Guntur District and to award Rs.25,000/- towards mental agony and costs.

2.    The brief facts of complaint are as follows:

                The complainant is the absolute owner of tiled house in Door No.11-24 constructed within the site 52 sq.yards of Challavaripalem village, Guntur District.  The opposite party gave drinking water tap connection to the complainant’s tiled house on        24-11-08 by collecting Rs.2000/- as a deposit.  The complainant is paying water tax every year regularly. While so one Duggempudi Savithri, wife of Subba Reddy gave a complaint to the opposite party. In pursuance of the same, the opposite party issued notice              dt.18-12-10 to the complainant to produce his house and site documents within three days.

                The complainant one Talatala Appi Reddy, son of Lakshma Reddy who is none other than son-in-law of Duggempudi Savithri developed an eagle eye over the property of the complainant and gave a legal notice dt.30-11-10 to the complainant that one Emani Venkata Reddy, son of Adinarayana Reddy of Guntur said to be executed GPA cum sale agreement dt.08-02-10 in favour of one Duggempudi Rama Devi, wife of Talatala Appi Reddy and in turn she executed a regular sale deed dt.17-09-10 in his favour for the site 52 sq.yards or 44.07 sq.mts. with tiled house near to the door No.12-24 of Challavaripalem Panchayat, Ankireddypalem Sivaru, Nallapadu and as such he has become absolute owner of the same and the complainant is liable for eviction and deliver vacant possession within ten days. The complainant got issued a reply dated 09-12-10 through his counsel denying the title of Emani Venkata Reddy and Talatala Appi Reddy stating that he perfected title to the site of 52 sq. yards together with tiled house with Dr.No.11-24 by adverse possession to the knowledge of the said Emani Venkata Reddy and Talatala Appireddy and also the including public of Challavaripalem village, Nallapadu Mandal.  

                The above said persons who created fictitious sale deed bearing No.6857/2010 dated 17-09-10 have submitted to the Panchayat Secretary, Challavaripalem claiming to be the house property of the complainant as his own who issued notice dt.18-12-10 to the complainant to submit his original documents within three days with regard to tiled house situated at Challavaripalem village bearing assessment No.565 otherwise the complainants name will be removed from the village records and also have disconnected the complainants drinking water supply.  Complainant respectfully submits that the Panchayat of Challavaripalem gave permission to construct tiled house in the said site by removing thatched hut and collected house tax regularly from him.  The Panchayat Secretary gave drinking water tap connection to the same premises by collecting Rs.2,000/- deposit from him on 24-11-08. The complainant is regularly paying electricity bills and paying house tax, water tax upto December, 2010 till it is disconnected. Under these circumstances, the complainant and his family members are suffering great inconvenience with lack of electricity supply.   It is illegal and unlawful on the part of opposite party and is bound to render necessary services to restore drinking water supply to the house of complainant. Hence, the complaint.

3.   The opposite party filed its version, which is in brief as follows:

                The said property originally belongs to Talatala Appi Reddy. Previously, the said property belongs to Emani Venkata Reddy and it was given under GPA in favour of D.Rama Devi dt.08-02-10 in document No.77p2010 before the Sub-Registrar, Nallapadu, which is an extent of 52 square 7/9 yards in door No.843 in door No.11-24. Later on the same property was registered by D.Rama Devi in favour of her husband i.e., Talatala Appi Reddy for consideration of Rs.1,54,000/- before the Sub-Registrar, Nallapadu village on             17-09-10 door No.6857/10. Now and then the 2^nd opposite party is in the possession and enjoyment of the same and he is the original owner of said premises. The 1^st opposite party enquired about all the documents and verified the records and got issued registered notice to the complainant calling upon to submit his documents with regard to possession and enjoyment of the same.  But the complainant had not produced any record nor he is having any title deed over the said property.   The documents from Ex.A1 to A3 are created documents, which are not tenable under law and further D.Savithri also gave letter to the 1^st opposite party dt.07-12-10 that the complainant is not the owner of the said premises at any point of time. The complainant is not entitled for tap connection. He created false, forged documents against the 2^nd opposite party.   Therefore, the complaint is liable to be dismissed.   

4.             Both parties have filed their respective affidavits.  Ex.A1 to A23 are marked on behalf of complainant.  Ex.B1 and B2 were marked on behalf of opposite party.

5.     Now the points for consideration are

1. Whether the complainant is entitled for restoration of water supply?

2. Whether there is any deficiency of service on the part of opposite   

    party?

3. To what relief the complainant is entitled to?

6.      POINT No.1

                The opposite party issued notice dt.18-12-10 to the complainant, which is as below:

7.             The above said notice revealed that one Talatala Appi Reddy, S/o. Lakshmi Reddy have produced title deeds of the property in issue with assessment No.565 with register No.6857/10 dt.17-09-10 to the Panchayat office, Challavaripalem.  Therefore, the complainant shall produce title deeds of the property he is residing to the Panchayat office within 3 days.  If not the complainant’s name in the house tax and water tax records, shall be removed and changed in the name of Talatala Appi Reddy.

8.             The opposite party provided water connection to the complainant much before the commencement of civil suit in between the complainant and another. It is not open to the opposite party to raise the point of title at this stage.  While giving the connection itself, the opposite party should have asked for production of title deeds from the complainant.  Now that the civil suit is pending before the I Addl. Junior Civil Judge, Guntur, the Forum cannot go into the issue of title, which is subject matter of the said suit.  In these circumstances, directing the opposite party to restore the water supply to the complainant would meet the ends of justice. The opposite party restored water supply as per the order given in IA 63/11.

9.      POINT No.2 & 3

                In view of the objection raised by third party, the opposite party disconnected water supply. Therefore, we cannot find deficiency of service on the part of opposite party.  Hence, the complainant is not entitled to any compensation. 

10.           In the result, the complaint is allowed with a direction to opposite party to continue water supply to the complainant subject to payment of consumption charges from time to time as stipulated by the opposite party. 

Typed to my dictation by the Junior Steno, corrected by me and pronounced in the open Forum, this the 30^th day of September, 2011.    

MEMBER                         MEMBER                         PRESIDENT

APPENDIX OF EVIDENCE

                                        DOCUMENTS MARKED

For Complainant:        

For opposite party:

                                                                                              PRESIDENT