DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 28th day of April 2012
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 05/09/2011
(C.C.No.146/2011)
Saramma Stansilas,
W/o.Late Stansilas,
Puthenpurakkal House,
Old Post Office Road,
Back of A.S.M.M.H.S. School,
Alathur Post – 678 541
(By Adv.M.Raveendran) - Complainant
V/s
Secretary,
Alathur Grama Panchayat,
Alathur (PO) – 678 541
Palakkad - Opposite party
(By Adv.N.Rajesh)
O R D E R
By Smt.BHANUMATHI.A.K. MEMBER
Facts of the case in brief:
The complainant is a widow, aged 60 years, had applied for a domestic water connection with opposite party on 4/10/07. After the completion of all procedures the complainant paid an amount of Rs.2,000/- as water connection fee on 30/11/07 as demanded by the opposite party. Inspite of repeated requests made by the complainant the water connection was not provided. Aggrieved by the act of opposite party the complainant approached the Forum for consumer justice and the Forum issued a registered notice to opposite party on 6/8/11 for doing needful action for getting water connection within 15 days.
But the opposite party sent a reply to the Forum for Consumer justice stating that the complainant was not completed the procedures for getting water connection.
The above act of opposite parties caused mental agony and physical hardship to the complainant. So the complainant seeking an order directing the opposite party to provide water connection to the complainant and Rs.10,000/- as compensation for mental agony and Rs.1,000/- as cost of the proceedings.
Opposite party filed version stating that even though the complainant has applied for getting water connection and paid water connection fee that is Rs.2,000/- the procedures for getting water connection i.e. possession certificate, the plan prepared by the plumber, permission letter for crossing the road etc., were not submitted. Opposite party contents that it is not true to say that the complainant approached opposite party for several times to get the water connection. If the complainant approached the opposite party they would have informed the complainant about the procedures. The opposite party sent a reply to the Forum for Consumer justice. Copy of the same sent to the complainant also. There is no deficiency of service on the part of opposite party and the complaint is liable to be dismissed with cost.
Both parties filed their respective affidavits. Ext.A1 to A6 and B1 to B3 marked. Complainant and opposite party were cross examined as PW1 and DW1 respectively.
Matter was heard and gone through the documents produced.
Issues to be considered are
1. Whether there is any deficiency in service on the part of opposite party ?
2. If so what is the relief and cost ?
Issue No1 & 2
Complainant alleging deficiency in service on the part of opposite party in not providing water connection even after the payment of water connection fee on 30/11/07 itself.
The payment of cost of water connection Application Form and Water connection fee are evident from Ext.A1 and A2 documents. The counsel of the opposite party argued that eventhough the complainant has paid water connection fee, she has not completed the works which are essential for getting water connection. It is true that at the time of cross examination the complainant agreed that she has never went to the opposite party. But the complainant also deposed that all the works regarding water connection were done by her husband. Now he is no more.
Opposite party mostly relied upon the Ext.B3 document. The contention of the opposite party is that the complainant has to complete some procedures as possession certificate, sketch, plan prepared by the plumber, permission letter for crossing the road, if it is applicable from the related authority, pipe and related materials for water connection etc. Any how the opposite party admits that the complainant has applied for water connection and paid the water connection charges.
At the time of cross examination the opposite party stated that the 5th and 6th clause of the B3 document, the application form, has to be done by the consumer for getting water connection. Which circular or minutes is the base of the issuance of the B3 document is not stated in the same. The date of implementation is also not mentioned. Ext.B3 also states as clause 2 is that once the application form is submitted by the consumer only after satisfying the conditions specified in Ext.B3, they will receive the amount within 7 days. It is the admitted fact that water connection fee was received from the complainant If the opposite party received the water connection fee from the complainant, the complainant would have completed the procedures on 4/10/07 for getting water connection also. The opposite party has not produced the application form submitted by the complainant. At the time of cross examination opposite party deposed that the complainant had submitted the application form but it is returned with permission. But no document is produced to show that the application form was return to the complainant. Eventhough the complainant had paid Rs.2,000/- as water connection fee on 30/11/07 itself the opposite party did not provide water connection and kept mum for 3 years and 9 months. It is only on 23/8/2011 the opposite party sent a notice to the complainant stating that you are not submitted the necessary document and if it is produced the water connection will be granted. The said notice was sent only after A3 document i.e. the notice issued by the Forum for consumer justice for providing water connection to the complainant.
From the above discussions we are of the view that there is deficiency of service on the part of opposite party in not providing water connection to the complainant even after the water connection fee was received long back.
In the result complaint allowed. We direct the opposite party to provide water connection to the complainant within 15 days on receipt of order failing which complainant is entitled to get an amount of Rs.15,000/- (Rupees Fifteen thousand only) from the opposite party. We also direct the opposite party to pay Rs.5,000/- (Rupees Five thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 28th day of April 2012.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Receipt for Rs.23/- dated 4/10/07 for payment done by the
complainant to the Panchayath
Ext.A2 - Receipt for Rs.2,000/- dated 30/11/07 for payment done by the
complainant to the Panchayath
Ext.A3 – Notice dated 6/8/11 sent by Consumer Justice to the opposite party
Ext.A4 – Reply notice dated 18/8/11
Ext.A5 – Notice dated 23/8/11 sent by Consumer Justice to the opposite party
Ext.A6 – Letter dated 23/8/11 sent by opposite party to the complainant
Witness examined on the side of the complainant
PW1 – Saramma Stansilas
Exhibits marked on the side of the opposite party
Ext.B1 – Postal acknowledgement card
Ext.B2 - Copy of letter dated 12/9/11 sent by opposite party to the
complainant
Ext.B3 – Water connection application form
Witness examined on the side of the opposite party
DW1 – Jawahar.M
Cost Allowed
Rs.1,000/- allowed as cost of the proceedings.
