APPELLANT : Manoj Paul, 116A, Kasto Danga Road,

‘Radha Apartment’, Flat no-6, 3rd Floor,

Thakurpukur, Kolkata-61.


RESPONDENT : Goutam Surekha, Prop. ‘Radha Builder’,

116A, Kasto Danga Road,

‘Radha Apartment’, Thakurpukur,

Kolkata-61 and registered office at-

19, R.N. Mukherjee Road, Kolkata-1.
BEFORE: HON’BLE JUSTICE : Sri. Aloke Chakrabarti, PRESIDENT.

MEMBER : Smt. Silpi Majumder.

FOR THE APPELLANT : Sri. Prasanta Banerjee, Advocate.

FOR THE RESPONDENT : Sri. Surojit Sengupta, Advocate.


-ORDER-

S. Majumder, Member.

This appeal has been directed against the order passed by the Ld. Executing Court, 24-Paraganas (South), on 17.04.2009, in its case no-EA/03/2008, wherein the said Court has disposed of the said execution case because as per the judgment passed by the Trial Court water connection has been given to the premises of the Complainant and in this connection the order passed by the District Forum has been totally complied with full satisfaction.



In the original order the Ld. District Forum has disposed of the complaint petition in favour of the Complainant without any cost and directed the OP to contact with the KMC within a period of 15 days to give water supply connection to the premises of the Complainant and other flat owners and the Complainant and the other flat owners were directed to cooperate with the OP for doing such work. The Forum below has mentioned in its judgment that in case of any obstruction from the side of the Complainant the OP and the KMC were at liberty for seeking help from the police authority.



It was submitted by the present Appellant-DHr before the Ld. Executing Forum that water supply was not in accordance with the sanctioned plan and he is not getting water supply regularly and he raised strong objection in disposing of the Execution case. But the Executing Court was pleased to dispose of the execution case based on the affidavit and counter affidavit filed by both the parties and it was observed by the said court that the JDr has complied with the order passed by the Trial Forum.



Being dissatisfied with the abovementioned order passed by the Executing Court the Appellant has preferred the present appeal u/s 27A of the C.P. Act. The Appellant has mentioned in the memorandum of appeal that the Executing Court has erred in disposing of the execution case holding that the order of the Trial Forum has fully complied with by the JDr, but actually it is not proper. Without ascertaining the Appellant’s satisfaction and considering the prayer for submitting compliance report by the JDr whether the JDr has provided water supply in terms of the sanctioned plan or not the execution case has been disposed of. According to the Appellant the order of the Executing Court is illegal and liable to be set aside and the Appellant has prayed for allowing the present appeal.



Against the Trial Forum’s judgment the OP-Respondent did not prefer any appeal, so it is an admitted fact that at the time of giving possession in the said premises water supply connection was not there and the Appellant did not get water supply in his premises through KMC. But thereafter position has been developed and the present Respondent tried their best to provide water connection to the Appellant. On 20.08.2009 the Ld. Advocate for the Respondent has submitted that he has already complied with the order passed by the Executing Forum in accordance with law and in this respect he also filed an affidavit on 28.08.2009 denying deficiency in service in providing water connection to the premises of the Appellant. For knowing the actual position this special officers were appointed by this Commission and the said inspection was made in presence of the parties and their respective Counsel. According to the said report water was in the reservoir in a lower level and the supply is very scanty because the level of the pipeline of the Corporation water source is much higher and as such the supply is not proper. Due to higher level of the pipeline as fitted by the Developer the supply water is very much low. The valve of the water pipe line is also found damaged condition and the meter pump fitted is also not covered. It is also evident from the said report that the Appellant is getting water from the well of the premises with the help of tulu pump and it has been mentioned that the dispute can be sort out by lowering down the pipe line so that flow of the water can be increased to supply the water to the flat owners.



Therefore it is clear to me that there is some defects in the pipeline for water supply at the premises in question as the water is at lower level in the reservoir, which has been revealed from the report of the Special Officer. During hearing it has argued by the Ld. Counsel for the Appellant that electric connection in the Appellant’s flat has been disconnected and the Appellant has already applied for reconnection of the electric line. It is true that for assessment of the performance of the water supply the electric supply being needed. This Commission has given several opportunities for obtaining the electric connection, but it was not possible. As the reconnection has not been made the Appellant is not in a position to prove that there is no water supply in his premises. But it is true there are some defects in the pipeline for water supply at the premises of the Appellant and contention of both parties I find for such repairing a sum of Rs.10,000/- will be sufficient. In my opinion it will meet justice if I direct the present Respondent to pay a sum of Rs.10,000/- to the Appellant towards cost of the repairing in the pipeline for water supply.



Hence it is ordered that the Appeal be allowed on contest without any cost and the order passed by the Executing Court is hereby set aside. The Respondent shall pay a sum of Rs.10,000/- to the Appellant within a period of 30 days from the date of passing this judgment, in default the said amount shall carry interest @10% p.a. for the default period. The office is directed to send down a copy of this judgment to the Forum below and to issue the same upon the recorded Advocates/Parties free of cost forthwith.