DRAINAGE BOARD Vs. P HANUMANTHAPPA

JUDGEMENT

(1.) This appeal is directed against the order dated 31.1.1991 passed by the District Forum, Gulbarga in Complaint No.69/1990 on its file.

(2.) It arises in this way : the Respondent is supplied water by the appellant through Connection No.6536 on 9.7.1990. It was suddenly disconnected without any reason and therefore the respondent gave a complaint as per exhibit P 1 to the Executive Engineer of the appellant. The Asst. Engineer stated that the disconnection was to repair the leakage caused due to rust at the point of connection to the house of the respondent. On 11.7.1990, the Respondent got the required material costing Rs.60.25 as per exhibit P2 and supplied the same to the workers of the appellant and the water supply was restored at 11.30 a. m. on 11.7.1990. According to the complainant he had to spend some amount by going to the shop and getting those articles and he also spent some amount for getting food and tiffin from hotels to himself and to his family members when there was no water supply for two days. Hence, he filed a complaint claiming compensation of Rs.1,358.25.

(3.) The complaint was resisted by the appellant by contending inter alia that the water connection to the house of the complainant had to be disconnected due to the repairs to be carried out to prevent leakage on that spot and that they had intimated the complainant about the disconnection; that the repair work was carried out after replacing deteriorated and rusted fittings and water supply was restored on 11.7.1990; that as the disconnection was to prevent leakage, it is not liable to pay any compensation. The complainant gave evidence as PW1 and produced exhibits P 1 to P4. The Junior Engineer gave evidence as RWl. On the said material, the District Forum held that the disconnection was due to the leakage and not without any reason as urged by the complainant; that there was negligence on the part of the officials of the KUWS and DB is not repairing it immediately and causing delay of two days and awarded compensation of Rs.560/- and costs of Rs.100/- to the complainant. Hence this appeal by the KUWS and DB.