STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/16/582 SADHANANDHAN OFFICER IN CHARGE Asst ENGINEER PRESENT ADDRESS - QUALITY CONTROL LAB KWA KALMANDAPAM PALAKKAD ,KERALA.

.......Appellant(s)

Versus JAYARAJ A D PRESENT ADDRESS - DWARAKA HOUSE ARAMPADAM THATHAMANGALAM POST CHITTUR PALAKKAD 678102 ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 04/07/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 582/2016 JUDGMENT DATED: 04.07.2025 (Against the order in C.C. No.105/2015 on the files of DCDRC, Palakkad)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT D.

SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANT:

Sadhanandhan, Officer in charge, Assistant Engineer, Quality Control Lab, KWA, Kalmandapam, Palakkad (by Adv. Issac Samuel)

Vs.

RESPONDENT:

Jayaraj A.D., S/o Appunni, Dwaraka House, Arampadam, Thathamangalam Post, Chittur, Palakkad – 678 102 (by Adv. M.J. Vince)

JUDGMENT

HON’BLE JUSTICE SRI. B.SUDHEENDRAKUMAR: PRESIDENT The appellant is the opposite party in C.C.No.105/2015 on the files of the District Consumer Disputes Redressal Commission, Palakkad (for short, ‘the District Commission’).

2. The complainant is having a well in the premises of his house. He used to collect water from the well for the last twenty years. However, in January 2015, the complainant noticed some change in colour of the water. Therefore, the complainant approached the opposite party for getting the water tested. The complainant had taken two litres of water for testing to the opposite party. The complainant was informed by the opposite party that the physical and chemical tests would be conducted for Rs.500/-. Accordingly, he paid Rs.500/- for conducting the said tests. The water was taken to the opposite party on 20.04.2015. The complainant received the result stating that the water tested was having all parameters within the desirable limit. However, the complainant asked about the colour of the water. Then, a last grade servant of the opposite party told the complainant to put bleaching powder into the well for removing the green colour of the water.

3. The Assistant Engineer also suggested the same remedy. Accordingly, the complainant put the bleaching powder into the well. After two days, there was a foul smell from the well. The complainant immediately contacted the Water Authority office. However, they were not able to explain the cause of change in colour and smell. The complainant also filed a complaint before the Police. Believing the words of the opposite party that the defects in the water would be cured by the opposite party, the complainant paid Rs.500/- for testing the water. However, the opposite party deliberately gave an evasive reply stating that the parameters were within the desirable limit and the water was fit for drinking.

4. The opposite party filed a written version contending that the complainant came to the office of the opposite party on 20.04.2015. He also brought two litres of water with him. The complainant requested the opposite party to do the physical and chemical tests. The complainant also paid Rs.500/- for the purpose. The test result was handed over to the complainant on 07.05.2015 by the opposite party. It was contended by the opposite party that when the complainant came to his office with two litres of water for testing, the complainant was informed that there were facilities for conducting physical, chemical and bacteriological tests, for which a total amount of Rs. 850/- had to be paid. The complainant was also informed that in order to do the above said three tests, the complainant had to bring water in the sterilised bottle which would be given by the opposite party. Since the complainant wanted to do only the physical and chemical tests, the bacteriological test was not conducted.

5. The complaina