IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 13th day of August, 2019.
Present: Sri. Manulal.V.S, President
Smt..Bindhu.R, Member
CC No. 89/2016(Filed on 09/03/16)
Complainant : U.C.Kuttappan,
S/o Itty Joy,
Orappurackal House, Chittady,
Vayala PO, Kadaplamattom,
Meenachil, Kottayam-686 587
(Adv. P.O. John)
Vs
Opposite parties : 1) Vellackal-Kurochal Kudivella Padthadhi
Pravarthana Society-1, Reg.
No.K.262/2009 Vayala, Vayala PO,
Meenachil. Repted by Secretary.
2) Sulomina Vijayakumar,
Secretary, Vellackal-Kurochal
Kudivella Padthadhi
Pravarthana Society-1, Reg.
No.K.262/2009 Vayala, Vayala PO,
Meenachil
3) Rajan, President,
Vellackal-Kurochal
Kudivella Padthadhi
Pravarthana Society-1, Reg.
No.K.262/2009.
4) Secretary, Grama Panchayath
Kadaplamattom PO, Kottayam
Pin 686 571
O R D E R
Smt..Bindhu.R, Member
The complaint was filed on 9-3-16.
The complainant’s case is as follows:-
The complainant is a member of the 1st opposite party society. He took membership on 2-6-2010 by paying Rs.100/- as membership fee and he has paid Rs.500/- in advance towards the payment of water usage for the next 10 months. But the 1st opposite party issued the receipt for Rs.500/- only on 9-8-2012, and on 2-2-2011, the opposite parties disconnected the water connection to the complainant’s house. The opposite parties act is in revenge to the petitioner for filing complaint against the opposite parties before several authorities on an allegation of corruption.
The complainant approached the Hon’ble State Human Rights Commission challenging the disconnection, on the ground that water consumption is a human right. The Hon’ble State Human Rights Commission ordered for a reconnection as and when the complainant produces the residence certificate to the Panchayath. After the said order eventhough the complainant produced the certificate the 1st opposite party did not turn up to give reconnection. The opposite parties are willfully harassing the complainant as he is from SC/ST community and below poverty line. Hence this complaint is filed seeking an order directing the opposite parties 1, 2 & 3 to give reconnection and to direct the opposite parties to shift the main water pipe from the front yard of the complainant’s house. The complainant further prays for a direction to the opposite parties to pay Rs.20,000/- towards the cost of water purchased by the complainant during the disconnection period and a compensation of Rs.10,000/- and Rs.3000/- towards cost of the litigation.
Upon notice, the opposite parties appeared and filed version.
The opposite parties 1 to 3 jointly filed version. The 1st opposite party is a society which is formed for distributing drinking water to the people in the 10th ward of Kadaplamattom Panchayath with reg.No.K262/09. The main operational fund of the opposite party is its membership and the beneficiary contribution by the members. At the inception of the society, membership fee was Rs. 100 and the beneficiary contribution was Rs.3000/-. The monthly subscription fee was Rs.60 for general category while it was fixed as Rs.50/- for SC-ST members. But in a contract made with the panchayath, the beneficiary contribution for SC-ST community was undertaken by the Panchayath. Thus members of SC-ST community needed to pay only Rs.50/- per month for the water connection. As per the bylaw, a person taking water connection becomes the member of the 1st opposite party society and as and when he defaults in payment for 3 consecutive months, he will be terminated from his membership of the society. Later, he can be reinstated only upon payments of the dues and the membership fees. The complainant has stated falsely that he had paid Rs.500/- in advance towards the payment of consumption of water. In fact, the complainant did not pay any amount for the first 10 months even after repeated demands and in the 6th month, ie on 2-5-11, the opposite party disconnected the connection. Thereafter only on
9-8-12, the petitioner paid the dues. Being a defaulter in payment, the petitioner was removed from the roll of members as per the bylaw of the opposite party, on 2-5-11 and as the connection was disconnected, the petitioner was terminated from his membership. The statement made by the petitioner that the Hon’ble National SC-ST Commission had ordered that the members from SC-ST community of this society did not have to pay any contribution to the society for using the water. Later in the Director Board dtd.28/03/2010 and in the general body meeting of the society on 13-11-2010 they decided to fix an admission fees of Rs.5000/- for new members. Thus if a person wants a new water connection he should pay Rs. 5100/- and become a member of the society. The petitioner was not amenable to this condition. The petitioner approached the Hon’ble State Human Rights Commission. But these opposite parties 1 to 3 were not parties to complaint. The 4th opposite party has no direct involvement in the operational function of the 1st opposite party society. Even then, the 4th opposite party called upon other opposite parties and the petitioner for a compromise talk and in that meeting the opposite parties agreed to reinstate the petitioner upon payment of the half of the amount ie Rs.2500+100. But the petitioner did not accept the same also.
The 3rd opposite party produced the minute’s book to prove that the Director board has refixed the admission fee amount to Rs.5000 on 28-3-10.
Opposite party 4 filed his version stating that was directed by the Hon’ble State Human Rights Commission to reconnect the connection of the complainant as and when he produces the residence certificate. In compliance with the said order the 4th opposite party called upon the other respondents and the complainant for a settlement talk. Thus the 4th opposite party put forward a proposal to give reconnection to the complainant on payment of Rs.2500+100. But the complainant did not co-operate with this terms also.
The petitioner filed proof affidavit along with 6 documents which are marked as Exts.A1 to A6. The opposite parties filed proof affidavit and 17 documents which are marked as Exts.B1 to B17.
Thus we have to consider the following points.
- Whether there is any deficiency in service on the part of the opposite parties?
- If so, what should be the relief and costs?
Point No.1
The petitioner was a member of the 1st opposite party society as is evident from the complaint, version and other documents. But even from the commencement of membership, the petitioner showed his unwillingness to co-operate with the society. On 2-6-10, on the date of inception he paid only Rs.100/- towards membership fee using the privilege given to the SC members. But, after that he was not ready to pay the amount of Rs.50/- for consumption of water to the 1st opposite party. Thus even if the petitioner claims that he had paid an amount of Rs.500/- in advance, from exhibits A4 &A4(a) it is evident that this Rs.500/- was paid after 2 years and 2 months from the date of his membership. The 1st opposite party, as per their rules, disconnected the water connection of the petitioner on 2-5-11. Thus the petitioner ceased to be a member of the opposite party society. Thereafter the petitioner approached the Hon’ble State Human Rights Commission and obtained an order directing the 4th opposite party to give a reconnection to the petitioner as and when he starts residing in his newly built house and produces residence certificate. In the said complaint, the petitioner has willfully omitted to implead the 1st opposite party. Instead, he obtained an order against the 4th opposite party who has no direct involvement in the society’s functioning. Moreover, the complainant has failed to produce the order of the Hon’ble SC/ST Commission if any, as stated by himself. From Exhibit B2, this statement also is disproved. Thus we are under the presumption that the complainant has not approached this Forum with clean hands.
In the meanwhile, the opposite party society in their general body dated 28/3/10 refixed the membership fee as 5,100/- for the smooth running of the society. Thus, if the petitioner has to be reinstated, he has to pay the refixed amount ie Rs.5100/- for getting the reconnection. On perusal of the documents produced by the opposite parties we are under the impression that the opposite parties proceeded against the petitioner according to the rules and regulations formulated in their bylaw. There is every chance for admitting the contentions of the opposite party that they have followed the procedure of the society to the welfare of its members at large.
From the complaint, version and other documents we infer that the petitioner has failed to establish the gravity of the situation due to the disconnection of his water connection.
We have arrived at the conclusion that the 1st opposite party is a society formed for the welfare of the people in general and especially of the SC-ST community and in the course of exercising their procedure, and the proper functioning of the society, we find no deficiency in service on the part of the opposite parties and there is no merits in the complaint and hence the complaint is dismissed.
Pronounced in the Open Forum on this the 13th day of August, 2019.
Smt..Bindhu.R, Member Sd/-
Sri. Manulal.V.S, President Sd/-
Appendix
Documents for the petitioner.
Ext.A1-Copy of community certificate
Ext.A2-Copy of certificate issued by Block Development Officer dtd 13-11-2015
Ext.A3-Copy of the Vellackal Kurochal Kudivella padthadhi gunabhokthru List
2009-10
Ext.A4-Series of receipts 2 Nos)
Ext.A5-Copy of proceedings of HRMP No.1805/2013
Ext.A6-copy of owner’s certificate issued by Secretary, Kadaplamattom
Grama Panchayath
Documents for the opposite party.
Ext.B1-Copy of bylaw
Ext.B2-Copy of reply letter No.KL/15/0/59/09 dtd 5/1/2011
Ext.B3-Copy of minutes dtd 1/5/11
Ext.B4-Copy of minutes dtd28/3/10
Ext.B5-Receipt book
Ext.B(a)Counter foil
Ext.B6-Series of Receipt book(6 Nos.)
Ext.B7- list of disconnected members
Ext.B8-Bill dtd 3/11/15
Ext.B8(a) Receipt dtd 11/11/15
Ext.B9-Bill dtd 2/1/16
Ext.B9(a) Receipt dtd 8/1/16
Ext.B10-Bill dtd 2/3/16
Ext.B10(a) dtd 8/3/16
Ext.B11-Bill dtd 3/5/16
Ext.B11(a)Receipt dtd 10/5/16
Ext.B12-series of Copy of Receipts and payments statement(6 Nos)
Ext.B13-Copy of minutes dtd 17/2/16
Ext.B14-Notice dtd 30/4/16 issued by KSHR Commission
Ext.B15-List of new connection members
Ext.B16-Copy of letter No.A6-60/16 dtd 23/2/16
Ext.B17-Copy of letter dtd 17/10/13.
By Order,
Senior Superintendent
