DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC No. 311 of 27-10-2009<br /> Decided on : 26-05-2010 <br /> <br /> 1.Gurmel Singh aged about 60 years S/o Sh. Jangir Singh<br /> 2.Sukhmander Singh aged about 42 years S/o Sh. Gangan Singh<br /> 3.Ram Singh aged about 29 years S/o Sh. Jugraj Singh<br /> 4.Balwinder Singh aged about 46 years S/o Sh. Gurdev Singh<br /> 5.Jagjit Singh aged about 40 years S/o Sh. Gurmel Singh<br /> - All residents of Village Pakka Khurd @ Chak Hira Singh Wala, Sub Division, Talwandi Sabo, District Bathinda.<br /> .... Complainants<br /> Versus<br /> 1.Sub Divisional Engineer, Punjab Water Supply & Sanitation (PWS), Sub Division No. 4, Bathinda.<br /> 2.Executive Engineer, Punjab Water Supply & Sanitation, (PWS) Division No. 1, Bathinda.<br /> 3.State of Punjab, through District Collector, Bathinda. <br /> ..... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member <br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. N.K.Jeet, counsel for the complainant <br /> For the Opposite parties : Sh. Vinod Goyal, counsel for the<br /> opposite parties. <br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT<br /> <br /> 1. The complainants alleged that Water Supply Scheme at village Sekhu was prepared/established in the year 1977 with the norm of supplying water @ 40 liters per person, per day. In the year 1996, the water was supplied to the houses of the complainants but in the year 2000, the water supply to the houses of the complainants was completely stopped/cut off. The complainants are not getting water supply since the year 2000 but the opposite parties are continuously sending bills for water supply. In this context, various complaints were lodged to the Dy. Commissioner, Bathinda and the Hon'ble Chief Minister, Punjab. The complainants also met Hon'ble Chief Minister, Punjab, in Sangat Darshan at Village Sekhu and submitted representation regarding non-supply of drinking water to their houses and waiving off the water supply bills for the period when no water had been supplied to them. The latest bills which were sent by opposite party Nos. 1 & 2 for water supply were payable by 20-10-2009 for the period from 5/09 to 9/09.<br /> 2. On the other hand, the opposite parties in their reply pleaded that at the time of releasing the connections, the complainants furnished affidavits to the opposite parties in which they undertook that they will pay water supply bills from time to time even in case of non-supply of water to them and as such, they are not entitled to any relief. The opposite parties further pleaded that some of the complainants have installed their individual motor pipes. The water is being supplied to the consumers as per the availability of the water and the bills are being issued to the consumers accordingly. They further pleaded that at the time of Sangat Darshan, it was suggested to the complainants as well as Gram Panchyats by the opposite parties to get their water connections disconnected for the time being so that the bill amount may not be accumulated, but the suggestion of the opposite parties was not considered by any of the consumer. They further pleaded that new water works is being constructed in the village with the help of World Bank and the said water work would be constructed at the earliest and the grievances of the villagers would be removed. The parties have led evidence in support of their respective pleadings. <br /> 3. Arguments heard and written submissions submitted by the parties perused. The complainants had been deprived of the supply of water from the last so many years but till date they are getting bills for the water supply which has not reached to them since from the year 2000. In the letter Ex. C-25 written by SDO, Watter Supply and Sanitation to the Executive Engineer of the said Department, it has been specifically mentioned that in village Sekhu, during Sangat Darshan, an application was moved by the complainants regarding non-supply of water and quashing their bills. When inquired from S.D.M. regarding this, he suggested the complainants in the Sangat Darshan to get their water connections disconnected so that there should not be increase in their bills. Apart from this, he assured that their complaints would be forwarded to the higher authorities.<br /> 4. It is observed by this Forum that there is no supply of water in the houses of the complainants since from the year 2000. As the water is a life giving commodity and necessary for survival of human being. As the ground water of that area is not fit for drinking, the supply of portable water is very essential. The authorities/officials of the opposite parties have failed to supply this essential and life saving commodity to the residents/complainants, which is a natural resource to the villagers. The complainants are fulfilling their requirements by bringing water from adjoining State Haryana. The complainants for the last about nine and a half years had not been getting water supply for their use. They have survived upon the ground water which is full of various minerals, metals and non-consumable contents which are hazardous to their health. The opposite parties in such circumstances, should not issue them the bills. The issuance of bills for non-supply of water is a supplement to pain and mental harassment of the complainants by adding arrears from time to time as bills are being accumulated. When there is no supply of water, then why the bills are being issued to the complainants. Therefore, this Forum concludes that there is deficiency in service on the part of the opposite parties as the water being essential commodity, the opposite parties should not deprive the complainants from it. Hence, this complaint is accepted with the following directions :-<br /> i) To start supply of water as soon as possible<br /> ii) To waive off all the bills of the complainants for the period i.e. from the year 2000. As and when there was no supply of water to the complainants, there should be no bills. <br /> iii) Not to issue bills to the complainants till the water supply starts . <br /> The compliance of this order be made within 45 days from the date of receipt of copy of this order.<br /> A copy of this order be sent to the parties concerned free of cost and the file be consigned to record.<br /> Pronounced :<br /> 26-05-2010<br /> <br /> (Vikramjit Kaur Soni)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> (Amarjeet Paul)<br /> *ik Member <br />