M.Srinivasa Rao, r/o.H.No.10-4-27, N.G.O’s colony,

Khammam.

….Complainant

Vs.



1. The Commissioner, Khammam municipality, Khammam



2. The Chair person, Khammam Municipality,

Khammam

….Opposite Parties.





ORDER





1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments.

Approximately 32 years back, Khammam municipality constructed drainages for the use of dwellers and was having 100% utility. During the month of February, 2005 the above said drainage was replaced with a new drainage. The Municipality destroyed the ramps and stairs built by the dwellers of these houses for easement to enter their houses. The complainant further stated that the drainage level was raised for 10” than the previous drainage level and it has become breeding ground for insects dangerous to health as the drainage water is stagnating and flowing back to their household internal drains. Hence the complaint to direct the opposite parties to replace the existing drainage with a new one restoring the old drainage level of 32 yeas back to redress the grievances of the aforesaid dwellers and for 100% utility of the drainage.

2. Apart from the complaint, the complainant filed his affidavit and tax receipt.

3. On receipt of the notice, the opposite parties appeared through its counsel, filed counter and denied the averments made in the complaint and stated that they inspected the spot along with Dy.Executive Engineer and found that there is no level difference between the complainant’s drainage and the newly constructed drainage. They submitted that as there is necessity to construct a small cross drain in front of the complainant’s house with a view that the water in the complainant’s house drain will join to the opposite drain. As such the matter the opposite parties prepared to construct a slab culvert with an estimation of Rs.25,000/-. They denied the jurisdiction and cause of action and hence they prayed to dismiss the complaint.

4. Heard the oral arguments on both sides. Upon perusing the material papers on record and upon hearing the arguments, now the point that arose for consideration is, whether the complainant is entitled as prayed for?

P O I N T:

5. It is the contention of the complainant that recently the municipality has constructed drainage before their houses by replacing the old drainage and also constructed a culvert between the house Nos.10-4-28 and 10-4-22, which was raised to 10 inches without considering the basic plan of leveling for free flow of waste water to the drain from the said houses. For which the contention of the opposite parties is that this Forum already settled the connected matter in C.c.691/2008 after conducing detailed enquiry.

6. The municipality is collecting taxes from the dwellers hence, it is the duty to protect the health of the people and to see that drainage water should not be stagnated before the houses of the dwellers and it will cause many problems by polluting environment and increase the mosquitoes and other insects cause ill-health to the people.

7. Hence, we are of the opinion that the municipality has to maintain the drainage system properly by free flow of the stagnated water before the dwellers of the complainants.

8. In the result, the complaint is allowed and the opposite parties are directed to clear the drainage water and not to allow water to stagnate before the houses of complainants and also at the culvert constructed by them. There is no order as to costs.

Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum on this 12th day of August, 2009.

Dear Sir,
I bring to your notice that there is illegally erected gate at 3ofeet road at nizampeta area adjacent to tirumala theatre which is obstructing the construction of my building as well as my way to my building. please do needful.

Thanking you, yours faithfully,
Dr.kiran Kumar nagubandi

Dear Sir,
I bring to your notice that there is illegally erected gate at 3ofeet road at nizampeta area adjacent to tirumala theatre which is obstructing the construction of my building as well as my way to my building. please do needful.

Thanking you, yours faithfully,
Dr.kiran Kumar nagubandi

Dear Sir,

In municipal Quarters they construct their houses on roads. they are occupying the roads and those all are the job holders in Khammam Municipal Corporation. They Put stones in drainage to stop drain water flowing from the front of their quarters due to this the rain water is getting water stock in drainage and this is the cause to to increase mosquitoes. Plz help us and do the need full.

Regards,

XXXXXXXXXXX

I am Ashok Kumar ,Nellakondapalli,khammam-507160.
I am writing this e-mail regarding the probelm which we are facing past 10 years.
My house located middle of nellakondappli near to gove jr.colleague and surrounding so many houses ,every person here facing problem because of SAW-MILL.
Since my child hood we are asking so many political leader but no of them help us,Recently 20 people from our village met khammam colleactor and given pettion to move the SAW-MILL
from current location but there is no action.I am not understating why there is no action from MDO or collector or any one to save the people from this SAW-MILL.
People affected due to this SAW-MILL are surrounding 20 houses and govt jr.colleague and school people (Nearly 600 people are studying),nealakondappli guest house also located next to SAW-MILL.
At last we got result in favor from pollution board and DSP but saw mill owner get stay from court.

As we know after such long time pending we got justice but why court given favor to him for running saw even court can't understand how many people are facing the problems?