MRS MEENAKHI PADHI, MEMBER … The factual matrix of case is that, the complainant had applied for a water connection to his residential house situated at the above said address before the OP.s by paying Rs.12,000/- but on dt.25.12.2015 the OP.2 provides the water connection facility but he contends that the OP.2 has not issued any money receipt against the connection prior to receive the amounts. On demand of complainant, the OP.1 assured the complainant that, later he will provide the money receipt and consumer number. All of a sudden on dt.14.02.2016 the water supply has interrupted, hence on dt.16.02.16, the complainant filed a complaint before the OP.2 to which the OP.2 assured that one Bideshi will go to the house of complainant and resolved the water connection but no one as Bideshi has yet come to his house for rectify the connection problems. Hence he contends that, in spite of receive an amount of Rs.12,000/- for water connection, the OP.s neither supplied water nor issued receipt or consumer number of complainant. So there is deficiency in service on the part of OP.s, Hence he prayed to direct the OP.s to proper restore of the water supply, besides to pay Rs.12,000/- as illegal fees, Rs.50,000/- as compensation and Rs.10,000/- towards cost of litigation.
2. The counsel for complainant has filed an affidavit of complainant. The OP.s neither appeared nor filed their counter in the case despite chances given since one year of its admission, hence they set ex parte. The complainant heard the case minutely and perused the record.
3. It reveals from the record that, the complainant has deposited a sum of Rs.12,000/- with the OP.no.2 for water supply to his residential house at Ichabatiguda and on dt.25.12.15 the OP.2 has supplied water connection to the house of complainant till dt.14.02.2016, and on 16.02.16 the complainant lodged a complaint before the OP.2 for rectification of the connection but the OP.2 though assured the complainant to depute one plumber named Bideshi but for no action taken by the OP.2 till date. Hence aggrieved the complainant approached the OP.2 for several times but for no use, hence this complaint.
4. On perusal of record and observing the transactions it is seen that, despite service of notice of this forum and chances allowed for one year, the OP.s did not cared to appear or filed their counter in the case. The complainant contends that, he deposited Rs.12,000/- as per demand of OP.2 for the water connection but the OP.2 neither issued any receipt of that amount nor provide consumer number to the complainant. Hence the complainant till date not sure that whether the connection is legal or illegal.
5. In our view, the designated opposite parties are duty bound to issue receipt after receiving such fees from subscribers. But in the instant case the OP.s are failed to issue money receipt, consumer number as well as found deficient in service, hence found guilty under Sec.2(d)(i) (ii) of the C.P.Act. Due to such negligence action of OP.s the complainant inflicted losses with mentally, physically and financially, hence entitled for compensatory relief.
As thus we allowed the complaint against the OP.1 & 2 with cost.
ORDER
i. The OP.no.1 & 2 are here by directed to issue the money receipt of Rs.12,000/- along with Consumer number in favour of the complainant. Inter alia to pay a sum of Rs.5,000/- (Rupees Five Thousand) each as compensation which includes the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 25th day of May' 2017.
Sd/- Sd/-
MEMBER MEMBER, DCDRF,
NABARANGPUR.
