Srinagar, August 15, KDC: Holding that drinking water is an essential public utility and that delayed compliance following court intervention cannot wipe out past deficiency, the District Consumer Disputes Redressal Commission, Baramulla/Bandipora, has directed the Public Health Engineering (PHE) Department to pay ₹2 lakh as compensation to a consumer who was denied a tap connection for years despite depositing the prescribed fee.
A Bench comprising President Peerzada Qousar Hussain and Member Nyla Yaseen passed the judgment in a complaint filed by Mohammad Maqbool Dar against PHE Srinagar and other departmental officials.
The complainant had submitted that he was gifted one marla of land under Survey No. 3736/3446/546 by his uncle to construct a residential house. Despite completing all formalities and depositing the requisite fee for a domestic water connection, the department failed to provide the supply for years. Dar was subsequently forced to knock on the doors of the High Court at Srinagar, which intervened on November 7, 2016, directing the authorities to release the water facility. The connection was provided only after the High Court’s directive.
Dar then approached the Consumer Forum seeking ₹5 lakh in compensation for mental agony, hardship, and inconvenience, along with ₹30,000 as litigation expenses.
In its defence, the PHE department did not dispute the non-availability of water but claimed that local inhabitants had damaged the pipelines, creating difficulties in maintaining regular supply to the area.
Rejecting the department’s contention, the Commission ruled that as a public service provider, the PHE department cannot evade its statutory responsibility on such grounds once a citizen has fulfilled all prerequisites and paid the requisite fee.
“Since the OPs are public service providers, the supply of water is an essential service. Once the complainant fulfilled all the requisite formalities and deposited the prescribed fee, he became entitled to receive the service within a reasonable period. The complainant could not have been subjected to hardship for years together and compelled to approach the Hon’ble High Court for obtaining a facility which ought to have been provided in the ordinary course,” the Commission held.
The Commission said that compelling a consumer to approach the High Court for securing drinking water establishes clear deficiency in service, adding that providing the connection post judicial intervention does not absolve the department of its earlier default.
“Admittedly, the complainant was provided the water facility only after the intervention of the Hon’ble High Court. However, subsequent compliance does not wipe out the deficiency in service which had already occurred,” the Commission said.
Accordingly, the Commission partly allowed the complaint and directed the PHE authorities to pay ₹2,00,000 as compensation for the hardships, inconvenience, and mental agony suffered by the consumer, alongside ₹20,000 as litigation charges.
The department has been given 30 days to comply with the direction, failing which the awarded sum shall carry interest at the rate of 10% per annum from the date of the order until its final realization.
Advocate Abrar Ahmad Khan and Associates appeared for the complainant, while Advocate Mohammad Rafiq represented the department. (KDC)
