DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  6^th  day of November,  2023

Present      :   Sri. Vinay Menon V., President

                  :  Smt. Vidya A., Member                        

                  :  Sri. Krishnankutty N.K., Member                                Date of Filing: 21 /08/2023  

                         CC/215/2023

C.U.Arvind,

58, “Kausikam”,

Aiswarya Nagar,

Nurani, Palakkad – 678 004.                           -                             Complainant

(Party in Person)

                                                                                                Vs  

            The  Asst. Executive Engineer,

            Kerala Water Authority,

            Coimbatore Road,

            TKV Nagar, Kalmandapam,   

            Palakkad – 678 541.                                                    -                    Opposite party               (By Adv. R. Gangadharan)

ORDER  IN  THE  QUESTION  OF  MAINTAINABILITY

            By Sri. Vinay Menon V., President

1. This is the second bout of attack of the complainant against the O.P. based on the same cause of action as raised by him and dismissed by this Commission by our Order dated 11/08/2023 in CC 89/2023 on the question of maintainability itself.
2. At the time of the complaint being filed, this Commission had raised a question regarding the maintainability (if not admissibility) of this complaint as this Commission felt that the dispute is not a ‘Consumer Dispute’.    
3. Subsequent to the O.P.s filing their version, we took up the complaint for hearing on maintainability.   
4. Complainant, as he had already grieved in CC/89/2023,  claims to be the owner of Flat No. 103, Brightline Apartments, Kairaly Gardens. His grievance is regards the individual water connection granted to the resident of property bearing number 101, which the complainant alleges is in violation of statutory provisions and has posited a number of questions of law for our consideration. 
5. Complainant has no grievance whatsoever with regard to the connection granted to him. As a consumer of O.P. he has no grievance or dispute with regard to the services provided to him. He seeks an order that answers the legal questions raised by him and for a declaration of the illegality of connection granted by O.P. to Flat No. 103.
6. Thus there is no dispute as between the complainant and the O.P.s that would fall within the purview of a consumer disputes upon which this Commission can exercise jurisdiction.  
7. The complainant was informed regarding the nature of his complaint and its non maintainability while discussing the merits of CC/89/2023 as well as this case.  The complainant chose to file complaints repeatedly before this Commission.  (CC/232/2023 is pending before this Commission for version of opposite party and for hearing on maintainability).  
8. Hence this complaint is dismissed with a cost of Rs.5,000/- payable by the complainant to the opposite party.  

     Pronounced in open court on this the  6^th  day of  November,  2023.      

                                                                                                                 Sd/-  

                                                                                              Vinay Menon V

                                                      President

         Sd/-

   Vidya.A

                       Member        

          Sd/-                                          Krishnankutty N.K.

                                                                                                      Member

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.