B.SURESH Vs. N.RAVI KUMAR

JUDGEMENT

(1.) The complainant is the appellant. The appeal is directed against the order dated 21.7.2009 in C.D.No.602 of 2008 by the District Forum-I, Hyderabad whereby his complaint was dismissed.

(2.) The factual matrix of the case is that the complainant is that the complainant was the owner of the Flat in 3rd Floor of the Rajeswari Apartments since 2005. At the time of purchase there was no ground water from the year 1993 and all the flat owners have been purchasing water through water tanks. Since the complainants flat is in the 3rd floor the water from the head tank goes to first floor and then comes to third floor. The flow of water is very low and it led to uneven distribution of water which is not at all sufficient to the flat owners in the 3rd floor. The complainant receiving 10% of the water supply, yet he is paying full water charges on par with other flat owners. As per the technical report of Chief Engineer to ensure equal distribution of water supply to all flat owners, it is necessary to increase the size of the water lines of 2nd floor and 3rd floor to 1 and reduce the line to 1/2 in the ground and first floors.

(3.) All the flats are connected through single pipe line, the amount of water to 3rd floor is less. As per the advice of the Chief Engineer, the complainant has taken water connection directly from the main tank with pipe line to overcome the difficulty of water supply and got installed a separate water meter for the connection. On 31.5.2008 the opposite parties no.1 and 2 have destroyed the water meter as well as the pipe line connection of the complainant and damaged the entire water system worth Rs.15,000/-. The opposite parties no.1 and 2 violated the rules and regulations of A.P. Apartments (Promotion and Construction of Owners) Act,1 987. The complainant also wrote letter dated 19.6.2008 to GHMC authorities to take necessary steps for equitable distribution of water to all flats. The complainant also filed suit O.S.No.1590 of 2008 for his easement right which is still pending. Therefore, the complainant filed the complaint before the District Forum seeking direction to the opposite parties to restore 1/2 water connection by installing with water meter from the over head tank and to pay compensation of Rs.2 lakhs and costs.