Kerala

Idukki

CC/30/2023

Suthan M d - Complainant(s)

Versus

Assi engineer Kerala water authority - Opp.Party(s)

25 Oct 2023

ORDER

DATE OF FILING :13/02/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 25^th day of October 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.30/2023

Between

Complainant                       : Suthan M.D., S/o Dhamodharan,

                                              Muttathil House, Amayapra P.O.,

                                              Udumbannoor, Thodupuzha.

                                                        (By Adv.K.M.Sanu)

                                                           And

Opposite Parties                     :1 . The Assistant Engineer,

                                                      Kerala Water Authority, Thodupuzha,

                                                      Thodupuzha East P.O., Pin – 685 585.

                                                2 . The Assistant Executive Engineer,

                                                      Kerala Water Authority, Thodupuzha,

                                                      Thodupuzha East P.O., Pin – 685 585.

                                                         

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant has filed this complaint under Sec.35 of Consumer Protection Act 2019.  Brief facts of this complaint are discussed hereunder:-

 

1 . Complainant is a retired school teacher.  He is residing at Thodupuzha along with his wife only.  He has been using water connection for last 3 years from opposite parties.

 

2 . At the time of receiving the water connection from opposite  parties, they assured that 10,000 litre water per month would be given without any interruption.  Also, opposite parties said that Rs.43/- as minimum charge for 10,000 litre water should be given by complainant.  Complainant has also a well and he has been using water from this well for his other needs except drinking purpose.  Therefore, complainant is using the water from the connection of opposite parties only for the purpose of cooking and drinking.  He was using the maximum of 7000 litre water from the water connection of opposite parties.  But, 4 months since the date of connection, the bill amount is more than his use.  Even though he has used the water within  minimum charge,  he got the bill amount which is more than that his use.  Whereas, no water is available for 4-5 days continuously in every month. Therefore, complainant had given a complaint to 1^st opposite party with regard to the exorbitant bill amount and non availability of water.  But, there is no action taken by them.

 

Complainant has paid all the bill amounts issued from opposite parties.  Opposite parties have charged unreasonable bill amount to complainant and they didn’t give water without interruption through their water connection.  These acts amounts to deficiency in service and unfair trade practice on their part.  Hence he has prayed the following reliefs.

 

1 . Opposite parties may be directed to refund the excess amount charged along with 12% interest to complainant.

 

2 . Opposite parties may be directed to give water without any interruption.

3 . Opposite parties may be directed to pay Rs.25,000/- as compensation and Rs.5000/- as cost of litigation.

 

Though opposite parties received notice from this Commission, they have not appeared.  Also, they have not filed written version.   So, this case was posted for complainant’s evidence.  But, complainant was absent.  However, notice issued to complainant to appear before the Commission.  Though notice received, he didn’t appear.  No evidence adduced by complainant to prove his case.  Hence, this case was taken for orders.  Now the points which arise for consideration are:-

 

1 . Whether there was any deficiency in service on the part of opposite parties?

2 . If so, what reliefs the complainant is entitled for?

 

Points are considered together

 

We have perused complaint and documents which were produced along with complaint.  The documents are the copies of bills.  Ext.P1(series) 9 in numbers marked.  Opposite parties have neither appeared nor adduced any evidence.  According to complainant, opposite parties have charged excess amount unreasonably as per the bills.  But, complainant has not adduced any evidence to prove that excess amount was charged by opposite parties.   Also, it is not proved that complainant has used how much water from the connection of opposite parties.  As per these bills copies, it cannot find that opposite parties have charged excess amount then his use of water.  Another allegation of complainant is that no sufficient water was available.  But, no evidence adduced to prove also such allegation.  Therefore, deficiency in service on the part of opposite parties are not proved.  Hence complainant is not entitled to get any reliefs prayed in the complaint.  So, complaint is dismissed without costs.

 

Parties shall take back extra copies without delay.

 

       Pronounced by this Commission on this the 25^th day of October 2023.                                                                                                                                                                                                                            

                                                                                             Sd/-                                                               

                                                                         SMT.ASAMOL P., MEMBER

                                                                                             Sd/- 

                                                                   SRI.C.SURESHKUMAR, PRESIDENT

                                                                                             Sd/-

                                                                           SRI.AMPADY K.S., MEMBER

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1series( 9 in Nos)  -  Copies of bills

On the side of the Opposite Party :

Nil

                                                                                                    Forwarded by Order  

 

 

                                                                                        ASSISTANT REGISTRAR