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HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
P.S. Rana, Sunita Sharma, Members
Bhikham Ram - Appellant
Versus
Executive Engineer Irrigation & Public Health Division Baggi District Mandi (h P) - Respondent
First Appeal No. 54 of 2018
Decided On : 30-08-2019
Water Connection - Consumer Complaint - Consumer Protection Act - [Consumer Protection Act, 2019, Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u)] - The court discussed the provisions of the Consumer Protection Act, 2019, including definitions of consumer, deficiency in service, unfair trade practices, and the scope of the Act in addressing consumer complaints. The court's decision was influenced by the interpretation of the concept of forced majeure and the principle of natural justice in exonerating the opposite parties from liabilities.
Fact of the Case:
The complainant sought a domestic water connection, completed all formalities, and deposited the consideration amount, but the opposite parties did not install the water connection, leading to the consumer complaint. The District Consumer Commission dismissed the complaint, and the appellant filed an appeal before the State Commission.
Finding of the Court:
The State Commission found that the opposite parties made multiple attempts to install the water connection but were forcibly stopped by residents of the village, leading to the exoneration of the opposite parties from liabilities based on the concept of forced majeure and the principle of natural justice.
Issues: The issues involved the installation of the water connection, the actions of the opposite parties, and the liability for the deficiency in service.
Ratio Decidendi: The court held that the opposite parties were exonerated from liabilities based on the concept of forced majeure and the principle of natural justice, leading to the dismissal of the appeal and affirmation of the District Consumer Commission's order.
Final Decision: The appeal was dismissed, the District Consumer Commission's order was affirmed, and the complainant was directed to adjudicate the dispute in the civil court regarding the installation of the water connection. The parties were left to bear their own litigation costs.
JUDGMENT
P.S. Rana, President - Present appeal is filed against order dated 24.02.2018 passed by Learned District Consumer Commission (Nomenclature of District Consumer Forum converted to District Consumer Commission vide new Consumer Protection Act 2019) in consumer complaint No.192/2016 titled Bhikham Ram Versus The Executive Engineer IPH & Anr.
Brief facts of consumer complaint:
2. Shri Bhikham Ram filed consumer complaint under Consumer Protection Act pleaded therein that complainant is resident of Village Garoru P.O. Kalkhar Tehsil Balh District Mandi (H.P). It is pleaded that complainant applied for domestic water connection for his house to the opposite parties and completed all codal formalities. It is pleaded that domestic water connection was sanctioned in the name of complainant by opposite party No.2 on dated 15.09.2015 from LWSS Jhair scheme. It is further pleaded that complainant deposited consideration amount of water connection also vide receipt No.9070 dated 30.03.2016. It is pleaded that complainant also laid down pipeline from main water supply pipeline upto his house. It is pleaded that opposite parties did not install water connection to complainant and committed deficiency in service. Complainant sought relief to the effect that opposite parties be directed to issue water connection to the house of complainant. In addition complainant sought relief of compensation to the tune of Rs.10000/-(Ten thousand) for mental tension and harassment. In addition complainant sought litigation costs to the tune of Rs.5000/-(Five thousand). Prayer for acceptance of consumer complaint sought.
3. Per contra version filed on behalf of opposite parties pleaded therein that complainant has not approached consumer authority with clean hands and consumer authority has no authority to try and dispose of consumer complaint. It is admitted that private water connection was sanctioned in the name of complainant on dated 15.09.2015 from LWSS Jhair scheme. It is pleaded that complainant was required to lay down GI pipeline of 15mm dia from main line upto house but complainant has laid down only rubber pipeline. It is further pleaded that there would be chances of damage to rubber pipeline and would effect public at large. It is pleaded that opposite parties have fixed GI Tee on main line in the month of April 2016 to connect pipeline of complainant and process of connection was in progress. It is pleaded that meanwhile residents of village Jhair came at the spot in mob and stopped process of water connection on the plea that complainant is not beneficiary of LWSS Jhair scheme and with the additional plea that complainant has been already provided public water connection in his courtyard of his house from LWSS Kalkhar Garoru. It is further pleaded that department could not install connection due to objection raised by general public of area. It is pleaded that again opposite parties tried to connect water connection on dated 29.07.2016 alongwith Fitter and Work Inspector but villagers of village Jhair came again in mob and stopped work of water connection. It is pleaded that thereafter again on 14.09.2016 opposite parties made another effect to connect connection but again connection work was stopped by mob of residents of village Jhair. It is further pleaded that opposite parties have also installed public tap of IPH department adjacent to house of complainant and hand pump has also been installed by opposite parties along road side. It is pleaded that opposite parties did not commit any deficiency in service. Prayer for dismissal of consumer complaint sought.
4. Learned District Consumer Commission dismissed consumer complaint. Feeling aggrieved against order passed by Learned District Consumer Commission complainant filed present appeal before State Commission.
5. We have heard learned Advocate appearing on behalf of appellant and learned ADA for respondents and we have also perused entire record carefully.
6. Following points arise
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