Present: 1. Smt. Padmini Sudheesh, President.
2. Sri. M.S. Sasidharan, Member.
15th day of January 2013
C.C.522/07 filed 18.5.07
Complainant: Mohandas, S/o. Kuruppathe Thoppil Cherkedathu
Chandrasekharan, Koorkkenchery, Thrissur.
(By Sri. K.K. Gopinathan & Micky.J. Nadakkalan,
Advocates, Thrissur-3)
Respondents: 1. Swasrayakudivella Padhathi, Thrissur Corporation
40th Division, Pananchery Lane, Koorkkenchery.
Rep. by President K.R. Sreenivasan, S/o. Raman,
Kuttikkattuparambil House, Pananchery Lane,
Koorkkenchery.
2. Swasrayakudivella Padhathi, Thrissur Corporation
35th Division, Pananchery Lane, Koorkkenchery.
Rep. by Secretary T.P. Chakkunny, S/o. Porinchu,
Thachoth House, Pananchery Lane, Koorkkenchery.
(By Sri. T.S. Ravindran, Advocate, Thrissur-3)
3. Thrissur Corporation, Rep. by Secretary.
(By Sri. C. Sivanarayanan, Advocate, Thrissur-3)
O R D E R
By Smt. Padmini Sudheesh, President:
The case of complainant in brief is that the complainant is residing in
Division 35 of 3rd respondent and is the owner of the property. The complainant along with 56 house owners had formed a drinking water scheme namely Swasraya drinking water project. The authorities of the scheme had collected Rs.1750/- each from every member. It was told that the balance amount if any will be credited to the monthly subscriptions. The complainant was joined in the scheme on the belief that the expenses will be come only Rs.1200/-. The complainant has given Rs.50/- in addition. The accounts of the scheme were not available for every members and complainant wanted to inspect the same. The complainant wanted to know the details of the accounts of him but it was not done by respondents. On 25.4.07 the water supply to complainant was disconnected. The respondents are misusing the amount collected. The respondent sent a notice on 20.11.06 demanding some amount. It was duly replied also. These acts of respondents are deficiency in service. Hence the complaint.
2. The counter of respondents-1 and 2 in brief is that the complainant is not the resident of the said house stated in the complaint. He is not residing there. There are 55 house owners in the drinking water scheme and the 56th member was joined because he is the owner of the property. No amount was collected from the 56th member, the owner. Some amount was collected from complainant like the other members. Rs.1600/- was collected from complainant and Rs.50/- as admission fee. It is incorrect that Rs.1750/- was collected from complainant. The scheme is implemented by Socio Economic Unit Foundation and Thrissur Corporation. The amount collected from 55 members is Rs.88,000/- and it has been handed over to Socio Economic Unit Foundation. The contribution of beneficiaries was 10% and after reducing the same Rs.26,370/- was returned to the project by Socio Economic Unit Foundation. The committee added some more amounts to the balance amount given by the Socio Economic Unit Foundation and deposited in the bank. The monthly subscription was Rs.20/- during 2005. Thus the complainant should pay Rs.240/- for the year 2005. The monthly subscription was increased to Rs.30/- during 2006 and complainant should pay Rs.360/-. He is also liable to pay Rs.120/- as penal amount. There are specific account keeping and it is Rs.88,000/-. There is no misutilisation of amount. The entire vouchers and accounts were submitted to Socio Economic Unit Foundation and the vouchers were not returned after auditing. On return of vouchers it will be put before the general body. After serving notice dated 20.11.06 the supply was disconnected. He is liable to pay the amount stated in the notice. There is no deficiency in service from these respondents. Hence dismiss.
3. The 3rd respondent filed its counter by stating that the connection was disconnected because of non-payment of subscription by complainant. This respondent is an unnecessary party in the complaint. Hence dismiss.
4. The points for consideration are that:
(1) Whether there was any deficiency in service on the part of
respondents?
(2) If so, reliefs and costs.
5. The evidence consists of oral testimonies of PW1 and RW1 and Exts. R1 to R8.
6. Points: The complaint is filed to get restoration of the drinking water connection along with the submission of accounts of the scheme before the general body. The complainant stated that he is a beneficiary of drinking water scheme and the respondents had collected Rs.1750/- from him. According to him earlier it was told that Rs.1200/- will be the expenses of the scheme. In addition to that Rs.50/- was also collected by the respondents. It is his case that the accounts of him were wanted by him and then the respondents disconnected the water supply.
7. The respondents-1 and 2 are the president and secretary of swasraya drinking water scheme and contended that only Rs.1600/- was collected from each and every members and the claim of complainant that Rs.1750/- was collected is incorrect. There are arrears on the part of complainant and so notice was issued to him and the supply was disconnected.
8. The complainant is examined as PW1. It is his version that he has remitted Rs.1750/- towards the project. But no receipt is produced by him. According to him, no receipt was given at the time of payment and told to give later. At the same time it is the version of respondents-1 and 2 that only Rs.1600/- was collected. PW1 deposed that he doesn’t know about the total amount collected was Rs.88,000/- and the accounts were audited by Socio Economic Unit Foundation and Rs.26,370/- was returned by Socio Economic Unit Foundation etc.
9. It is the case of respondents-1 and 2 that the complainant failed to pay the amount during the year 2005-06. So notice was issued and the supply of water was disconnected. It is the version of complainant that the respondents failed to show the accounts of him and so he did not pay the subscription amount. In the box also he has admitted that he did not pay the subscription amount of 2005-06. According to PW1 he was aware of the increase of the amount to Rs.30/- in 2006. It is his case that because of non-submission of accounts to him he did not pay the monthly subscriptions. This view is not correct and justifiable. He has no case that water was not available during 2005 and 2006. He is bound to pay the subscription amount for the water consumed by him. Ext. R1 is the letter sent to complainant and returned to the addressee by stating “absent intimation”. As per Ext. R1 on 20.11.06 the respondents demanded the arrear amount. There is no deficiency in service on the part of respondents-1 and 2 in disconnecting the supply because of non-payment of the arrear amount. There is no evidence on the part of complainant to show that he had demanded to know the accounts. No piece of paper produced by him.
10. It is the version of respondents-1 and 2 that the entire accounts were submitted before Socio Economic Unit Foundation and the vouchers returned after auditing. The version was filed on 6.5.08 and now the accounts will be with them. The complainant is entitled to know the accounts till 2004. In 2005 and 2006 he has not paid any amount and not entitled to know the accounts during the period. The complainant is bound to pay the arrear amounts with penal interest if any for the water consumed by him. The respondents can take action to collect the amount.
11. In the result the complaint is partly allowed and the complainant is directed to pay the entire arrears with interest within one month from the date of receipt of copy of this order and if not the respondents can disconnect the water supply. The respondents are directed to submit the accounts before the general body immediately on receipt of copy of this order. There is no order as to cost and compensation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 15th day of January 2013.
(Sd)
Padmini Sudheesh, President.
(Sd)
M.S. Sasidharan, Member.
Appendix
Complainant’s witness:
PW1: Mohandas.
Respondent’s witness:
RW1: Akbar.
Respondent’s Exhibits:
Ext. R1: Letter dt. 20.11.06.
Ext. R2: Copy of letter dt. 19.10.04.
Ext. R3: Copy of deposit receipt.
Ext. R4: Statement of accounts.
Ext. R5: Copy of bank book.
Ext. R6: Copy of minutes dt. 25.7.2010.
Ext. R7: Copy of certificate.
Ext. R8: Copy of receipt.
(Id)
President
