Mr. Justice S.A. Kader, President — The appeal arises out of the order of the District Consumer Redressal Forum, Thanjavur dated 26.5.92 in O.P. 119/92. The opposite party is the appellant.

2. This complaint has been filed by the Consumer Protection Council of Mannargudi on behalf of one Kalyanasundaram. The said Kalyanasundaram has built up a row of houses bearing Door Nos. 19/1 to 19/8 and he has been assessed house tax. The allegation is that the drainage water is stored in a dump in the ground and it is removed by the Municipal people. They have failed to do so as a result of which it is causing health hazard. This amounts to deficiency of service.

3. The opposite party did not enter appearance.

4. The District Forum found that there was deficiency of service and directed the opposite party/appellant to pay compensation in the sum of Rs. 10,000/- and costs of Rs. 300/-. It is this order chat is challenged in the appeal.

5. The main contention advanced by the learned Counsel for the appellant is that in the matter of removal of drainage water, the Municipality is not performing any service for consideration and neither the complainant nor the house owner Mr. Kalyanasundaram is