By G. Yadunadhan, President:

            The case of the complainant is that complainant had applied for water connection belonging to Karakali Sudhajalavitharna Sujithwa Samithi.  As per term every member has to pay Rs.1000/-to get the water connection.  Due to delay of payment, opposite party had removed complainant’s name from the beneficiary list.  Immediately this was intimated to the opposite party No.2 about the unauthorized removal from the beneficiary list.  Opposite party No.2 has not taken any action against opposite party No.1.  Hence complainant is seeking relief against the opposite party No.1 and 2 for getting water connection and also to pay compensation.

            Opposite party No.1 and 2 entered in appearance and Opposite party No.1 filed version.  Opposite party No.2 personally appeared on 9.6.2008 but not filed version.  Thereafter opposite party No.2 called absent and set exparte.  Opposite party No.1 denies all the allegations made by the complainant and further submits that due to the non-payment complainant was refused to get water connection.  Now it is not possible to get the same.  Hence opposite party No.1 prays complaint is liable to be dismissed with cost. 

            Points for consideration:  Whether the complainant is entitled to get any relief?

            Complainant was examined as PW1 and Exts. A1 to A7 were marked on the side of the complainant.  Complainant filed witness list.  Witness was also examined as PW2. 

            No oral or documentary evidence produced by the opposite party No.1.  On 11.3.2009 and 1.4.2009 opposite party No.1 and 2 were continuously absent. Hence on 1.4.2009 opposite party No. 1 and 2 were called absent and set exparte.

            While examining the PW1, PW1 deposed that complainant had applied for getting water connection from opposite party No.1.  Unfortunately he could not pay Rs.1000/- for the purpose of beneficiary fund.  Due to non-payment his name was removed from the beneficiary list.  PW1 produced Ext. A1 document, which reveals that  complainant approached the opposite party No.2 immediately after the denial of water connection.  Ext. A2 is another complaint submitted before opposite party No.2.  By perusal of Ext. A1 and A2, it is very clear that complainant made all earnest effort for getting water connection from opposite party No.1.  Ext. A4 shows the Project Officer DPMU, Kozhikode has sanctioned the water connection but even after getting sanction letter Opposite party No.1 has not taken any steps.  This shows clear deficiency on the part of the opposite party No.1.  Another aspect is that opposite party No.1 has not produced any document to show that complainant is not a member of this project (beneficiary scheme).  So from Ext. A1 to A7, complainant’s case is proved.  Moreover, while examining PW2, he admitted that the complainant paid initial expense and he was also a member of this beneficiary project.  No contra evidence was produced by opposite party No.1 regarding this aspect.  Under these circumstances complainant is entitled to get water connection from opposite party No.1.

            Therefore the opposite party No.1 and 2 are directed to give water connection to the complainant without any charge.  No compensation or cost is ordered.

            Pronounced in open Court this the 4^th  day of May 2009.

                                    Sd/-President                                              Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Photocopy of letter dated 22.7.2005 issued by the complainant to the 2^nd O.P.

A2            Photocopy of letter dated 17.11.2006 issued by the complainant to the 2^nd O.P.

A3            Photocopy of letter dated 19.9.2007 issued by the complainant to the Project Manager.

A4        Copy of letter dated 25.10.2007 from the Project Manager, DPMC, Kozhikode

            to the complainant.

A5            Photocopy of letter dated 29.9.2007 from the complainant to the 1^st and 2^nd O.P.

A6            Photocopy of postal acknowledgement card.

A7            Photocopy of letter from the beneficiaries addressed to the President, Karakali

            Shudhajalavitharana Samithi.

Documents exhibited for the Opposite parties:

Nil.

Witness examined for the complainant:

PW1            Kumaran, S/o. Chathappayi, Pulikkal, Post Mannoor, Karakali paramb.

PW2            Prabhakaran, S/o. K. Prabhakanan, P.O. Mannoor, Karakali Paramb.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/by Order)

Senior Superintendent.