Kerala

StateCommission

A/09/614

THe Asst. Exe. Engineer, KWA - Complainant(s)

Versus

C.K.Abdul Rehman - Opp.Party(s)

C.S.Sudheeshkumar

04 Feb 2010

ORDER

First Appeal No. A/09/614
(Arisen out of Order Dated 12/06/2009 in Case No. CC 332/07 of District Ernakulam)
1. THe Asst. Exe. Engineer, KWAKerala ...........Appellant(s)

Versus
1. C.K.Abdul RehmanKerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

 

   
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD THIRUVANANTHAPURAM
 
                    APPEAL NO.614/09
 JUDGMENT DATED 4.2.2010
 
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU           -- PRESIDENT
SRI.M.K.ABDULLA SONA                                      -- MEMBER
 
Assistant Executive Engineer,
Kerala Water Authority
P.H.Sub Division, Perumbavoor.
2. Kerala Water Authority,                                 -- APPELLANTS
rep. by its Managing Director,
Thiruvananthapuram.
     (By Adv.C.S.Sudheesh Kumar)
 
                    Vs.
 
C.K.Abdul Rehiman,
S/0 Kunjheen Pillai,
Cheruvallikkudi Veedu,                                          -- RESPONDENT
Kanjiramkkadu Kara,
Perumbavoor Village,
Kunnathunadu Taluk,
Ernakulam.
   (By Adv.JoshRajan)
                                                 JUDGMENT
JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT
 
                    The appeal is filed by the opposite parties in CC 332/07 in the file of CDRF,Ernakulam. The appellant/opposite party is under orders to issue a fresh bill fixing the arrear as Rs.7329/- along with fine at the rate of Rs.10/- per month from November 2001 till realization.
          2. It is one of the contentions of the appellant that as per circular dated 8.1.02 of the Kerala Water Authority, the fine for non domestic industrial water supply charges are revised at the rate of 2% of the outstanding charges with effect from the date of the Government Order. Hence, it is contended that the fine instead of at the rate of Rs.10/- per month has to be at the rate of 2% of the outstanding charges.
          3. The respondent/complainant who entered appearance has produced the fresh demand issued by the appellant after the order of the CDRF and the copy of the D.D as per which the amount demanded has been remitted.
          4. The counsel for the appellant has pleaded ignorance as to the above demand dated 23.11.09. The date of the order of the Forum is 12.6.09.
          In the circumstances, we find that the appeal filed is infructuous. Hence the appeal is dismissed in limine.
 
 
 JUSTICE K.R.UDAYABHANU          -- PRESIDENT
 
 
 
 
 
 M.K.ABDULLA SONA                     -- MEMBER
PRONOUNCED :
Dated : 04 February 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT