State Consumer Disputes Redressal Commission
Suresh Sood vs H.P. Irrigation & Public Health Deptt. & ... on 17 September, 2009
H H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA, CAMP AT DHARAMSHALA. --- FIRST APPEAL NO.228/2006. DATE OF DECISION: 17.9.2009. Shri Suresh Sood C/O UCO Bank Regional Office, Shyam Nagar, P.O. Tehsil Dharamshala, District Kangra (H.P.) Appellant. Versus 1. H.P. Irrigation and Public Health Department, through the District Collector Kangra at Dharamshala. 2. The Executive engineer, I & PH Dharamshala. 3. The Sub Divisional Officer, I & PH, Dharamshala Sub Division, Dharamshala. Respondents. -------------------------------------------------------------------------------------------- Honble Mr. Justice Arun Kumar Goel (Retd.), President. Honble Mrs. Saroj Sharma, Member. Honble Mr. Chander Shekhar Sharma, Member. Whether approved for reporting? No For the Appellant: None. For the Respondents: Mr. Anoop Sharma, ADA , For the respondents, with Mr. Dinesh Kapoor, S.D.O. I & PH and J.E. of I & PH, Dharamshala. Both of them have been identified as such by the learned ADA. -------------------------------------------------------------------------------------------- O R D E R
Justice Arun Kumar Goel (Retd.), President (Oral).
1. As per office report, appellant as well as his learned Counsel both are served for today. Neither the appellant, nor his learned Counsel is present. In these circumstances, we have heard this appeal with the assistance of learned ADA. Appellant wants regulated water supply to his premises as also being compensated for wrongful disconnection of the same without any justifiable cause. District Forum below after hearing the parties has dismissed the complaint, hence this appeal.
2. Regarding claim of the appellant that water supply should be regulated, it was stated by learned ADA on instructions received from the Officers of the I&PH Department, that the needful has been done and water is being supplied to the locality where the premises of the appellant are situate for full one hour from 6.00 A.M. to 7.00 A.M. in the morning daily, subject to its availability at source.
3. From the complaint as well as grounds of appeal, it appears that appellant is also making a grievance regarding his being forced to get the water supply meter installed on his line which connects his residence with the main line. Again Mr. Anoop Sharma, learned ADA stated at the bar that since the area where at present the house of the appellant is situated does not necessarily need to have a water supply meter since there is flat rate for supply of water by the I&PH Department, as such his clients have never forced muchless insisted upon the appellant to get the meter installed. However, he stated that with a view to remove his grievance, if the appellant approaches the authorities in writing to get the water supply meter installed on the line, his clients will not be averse to it. This will atleast show that water is being availed/consumed in the premises of the appellant. This would also remove his grievance against the respondents. However, according to Mr. Sharma, it is for the appellant to decide whether he wants to get the water supply meter installed or not and in case he so decides he will be doing so at his own cost and expense as per law, for which respondents will not object.
4. Regarding other grievance of providing supply line at his residence from the main line, Mr. Sharma submitted that the appellant is required to lay down approximately about 100 meters G.I. pipes of 1/2 dia.
He refused to do the needful.
Department has laid down 1 dia pipeline and has asked the appellant to get the needful done to his residence which he refused to do. In case he so desires, he will approach the authorities in writing and needful will be done by them by providing water from the point of distribution junction upto his residence. In case he wants connection from the earlier distribution junction from where other residents of the area are getting water, appellant shall put dia G.I. pipes and he can avail supply from that distribution point but at his own cost and expense as per law. Subject to these directions, order of the District Forum in Complaint No.204/2004 dated 2.6.2006 is modified, leaving the parties to bear their own costs.
Learned ADA has undertaken to collect copy of this order free of cost from the Court Secretary at Shimla as per rules and office is directed to send the same to the appellant also in the like manner.
Dharamshala, September 17,2009.
( Justice Arun Kumar Goel ) (Retd.) President ( Saroj Sharma ) Member /BS/ ( Chander Shekhar Sharma ) Member