DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD Dated this the 30th day of April 2010 .
Present : Smt. H. Seena, President : Smt. Preetha G. Nair, Member : Smt. Bhanumathi.A.K, Member
C.C.No.10/2010
V.L. Sabarigireesan S/o. V.M. Lakshmanan (L) “Sreelakshmi” Kizhakkenchery Road Vadakkenchery-678 683 Palakkad . - Complainant (Party in person ) V/s Secretary Grama Panchayath Vadakkenchery Palakkad- 678 683 - Opposite party ( O R D E R By Smt. Seena. H, President
Complainant alleging deficiency in service on the part of opposite party in not providing water to the complainant. Complainant submits there is no dues in the water charges to be paid to the opposite party. Hence the complaint. As per the version of the opposite party, opposite party places some technical reasons like shortage of employees, shortage of experts to carry out programes for water supply etc. Further complainant's house is situated in a higher level so that water will not be reach there due to low pressure. Opposite party also submitted that steps are in progress for digging bore well for providing effective water supply. Complainant filed affidavit. Opposite party has not filed any affidavit. Exhibit A1 to Exhibit A3 documents marked on the side of the complainant. The only point to be considered is whether there is deficiency in service on the part of opposite party. At the time of hearing, complainant filed an application stating water shortage of the complaint was solved by digging bore well and hence compensation aspect alone - 2 - to be considered. For determining the compensation aspect, the question whether there is any deficiency in service on the part of opposite party has to be determined first. On going through the version of the opposite party, it is understood that opposite party has taken over the responsibility of providing water supply from the water authority in the year 2002. It is the bounden duty of the opposite party to take effective measures for providing water supply to the residents of the Panchayat. Admittedly opposite party has failed in this respect. Affidavit of the complainant along with Exhibit A3 receipt evidences the fact that there is no dues in the payment of water charges. In view of the above discussions, we are of the view that the act of opposite party amounts to deficiency in service on their part. As per the application filed by the complainant, during the pendency of the proceedings before the forum, water problem of the complainant was solved by digging bore well. In this context compensation aspect alone to be considered. Complainant pays Rs.100/- as water charges for one year as per Exhibit A3. In our view an amount of Rs.2,000/- as compensation will meet the ends of justice. It is pertinent to note that opposite party has not filed any affidavit.
In the result, complaint partly allowed. Opposite party is directed to pay complainant an amount of Rs.2,000/- as compensation and Rs.500/- as cost of the proceedings . Order to be complied within one month form the date of receipt of order failing which the amount shall carry interest at the rate of 9% per annum from the date of order till realization.
Pronounced in the open court on this the 30th day of April, 2010.
PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD)
APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Letter dated 19/09/08
2. Ext. A2 – Copy of letter addressed to Secretary, Grama Panchayat, dated 15/01/10 3. Ext.A3 - Receipt No.50 for Rs.100/- Exhibits marked on the side of the opposite party Nil Forums Exhibits Nil Costs Allowed Rs.500/- (Rupees Five hundered only)
| | HONORABLE Smt.Bhanumathi.A.K, Member | HONORABLE Smt.Seena.H, PRESIDENT | HONORABLE Smt.Preetha.G.Nair, Member | | 
