Haryana

Charkhi Dadri

CC/153/2022

Rajender Singh - Complainant(s)

Versus

XEN Public Health - Opp.Party(s)

Sh. Rahul Kumar

04 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                Complaint Case No. 153 of 2022

                                                         Date of Institution: 06.06.2022

                                                          Date of Decision:    04.01.2024

 

Rajender Singh age 62 years S/o Dariya Singh, R/o Village Jhojhu Kalan, Tehsil & District Charkhi Dadri

                                                                ….Complainant.

Versus

1. Xen, Public Health, Charkhi Dadri, Tehsil & District Charkhi Dadri.
2. Sub Divisional Officer, Public Health Dadri/ Jhojhu Kalan, Charkhi Dadri, Tehsil & District Charkhi Dadri.
3.  Junior Engineer, Public Health, Charkhi Dadri, Tehsil & District Charkhi Dadri.

 

•  

COMPLAINT UNDER THECONSUMER PROTECTION ACT.

 

Before: -  Hon’ble Sh. Manjit Singh Naryal, President

              Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:     Sh. Rahul Kumar, Adv. for complainant.

                OPs exparte.

 

ORDER:-    

               

1.             Rajender Singh (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that the complainant had taken water connection bearing Consumer number Z95009558 and consumer ID 4171265. The complainant had paid the bill till May 2022. It is averred that some people had made illegal connection by installing wider and bigger ferrules that the prescribed standard, due to which he had to face problem of water. It is the duty of department to provide clean drinking water to the public, but drinking water is not reaching the house of the complainant for about one month. The OPs were informed about this earlier also and on 02.06.2022 OP no.1&2 were informed through registered post but no action was taken by them. It is further averred that water is very important for every person and the government is also committed to ensure the water reaches every household. Not making proper arrangement for the supply of water shows negligence on the part of OPs. Hence this complaint.

2.                Upon notice, the OPs appeared and filed the written statement taking some preliminary objections regarding locus standi, cause of action, maintainability and suppression of true and material facts.  On merits, it is averred that after receiving the complaint, the illegal connections were removed by the department. It is the duty of state to provide clean drinking water to the public and the department is supply adequate water supply to every consumer house including complainant. Accordingly, dismissal of complaint has been sought by the OPs.

3.           Complainant in his evidence has tendered affidavit Ex. CW1/A, documents Ex. C1 & Ex. C2 and closed his evidence on dated 26.08.2022.  At the time of arguments, the complainant has also submitted receipts for payment of tanker for water Ex.C6 to Ex.C100 purchased for Rs. 95,000/- from 05.05.2022 to 03.10.2023 in the absence of water supply by OPs.

4.                Evidence of OPs not produced despite granted several opportunities. Hence, the evidence of OPs closed by the order of this Commission vide order dt.01.06.2023 assuming that they have nothing to submitted other than written submission already submitted.

5.                None appeared on behalf of OPs  since 24.11.2022 and subsequent hearing. Hence, OPs are hereby proceeded against exparte vide order dt.12.10.2023.

6.                We have heard the arguments and all the documents perused carefully and minutely.

7.                It is admitted by the department/OP in written statement that illegal connections were removed by the department and that it is the duty of state to provide clean drinking water to the public and the complainant is receiving regular supply after removal of unauthorized connections. It is evident from the complaint and written statement by the OPs that there was interruption in regular supply of water to the complainant.  The complainant has given complaint to the OPs and OPs have also taken necessary action and also sought police assistance as per letter No. 1037 dated 25.05.2022 (Ex.C2). Subsequently unauthorized connections were removed. However, the complainant was not getting regular water supply and as per receipt submitted by him vide Ex.C6 to Ex.C100, he has incurred an aggregate amount of Rs. 95,000/- towards cost  of tanker for purpose of water.

8.                We have perused the complaint, documents and written statement submitted by both the parties and gone through the same minutely. We observed that there is deficiency in service on the part of the OPs in providing regular water supply to the complainant who is having authorized water connection. According the complaint is allowed and OPs are directed to comply with the following directions within 45 days from the date of order:-

1. To remove unauthorized connections and ensure regular water supply to complainant.
2. To pay Rs.3,000/- as compensation on account of mental pain and agony.
3. To pay Rs. 3,000/- towards litigation cost.

9.          Certified copies of order be supplied to the parties free of costs. File be consigned to the record room after due compliance.