PRESENT:-

SMT. VALSALA SARANGADHARAN   :  MEMBER

SHRI. S. CHANDRA MOHAN NAIR       :  MEMBER

 APPELLANT

           The Assistant Executive Engineer,

           Kerala Water Authority,

           Aaramalkunnu

           Near Changanacherry Railway Station.

                 (Rep. by Adv.  Sri. S. Reghukumar)

                             Vs

RESPONDENT

 C.P. Ananthavalliamma,

             Ajaya Nivas,

          Perunna P.O.,

          Changanacherry,

          Kottayam.

JUDGMENT

SMT. VALSALA SARANGADHARAN      ;      MEMBER

This appeal is filed against  the order dated 24.6.2010 of CDRF, Kottayam  in C.C. 114/10 whereby the Forum below set aside  A2 bill  dated 4.12.2009 issued  by the opposite party.   Being aggrieved by this order, the opposite party preferred the present appeal.

          The case of the complainant is that the water connection of the complainant was disconnected on January, 2004 without giving notice.  The complainant made complaint regarding disconnection before the Assistant Executive Engineer, but no action was taken.  The opposite party had issued additional bill to the complainant.  No steps had been taken from the side of the opposite party to get the grievances of the complainant redressed.  Hence she filed complaint before the Forum.

 Though notice was served to the opposite party, he did not appear before the Forum.  Hence  he was set exparte by the Forum.

          We heard both sides.  The learned counsel for the appellant submitted that the notice which was received from the Forum was misplaced as a consequence of rearranging the files as part of the maintenance work in the office.  Hence he could not appear before the Forum.  According to the appellant he has not disconnected the water connection as alleged by the complainant.  Moreover the complainant has not sought a relief in the complaint for reconnection of water supply.  The learned counsel for the appellant requested for an opportunity to file version and adduce evidence to substantiate his case before the Forum.           

On hearing the counsel for the appellant and the representative of the respondent and also on an appreciation of the facts of the case, we find that the Forum below had passed the order on the evidence adduced by the complainant only.  The opposite party /appellant submitted before us that they had misplaced the notice received from the Forum below as a consequence of rearranging the files in the office and there was no willful default in not contesting the matter.  On a perusal of the order it is also found that there is no direction to restore the water supply if the supply had already been disconnected.  However we find that these are all matters to be adjudicated by the Forum after giving an opportunity to the opposite party to raise their contentions by filing version and adducing evidence if any.  We  feel that the said opportunity can be given only in terms of payment of costs to the complainant.

          In the circumstances, the order of the Forum below is set aside on condition that the appellant shall remit a sum of Rs. 1,000/- towards costs before the Forum below which can be withdrawn by the complainant.  The amount is to be deposited within one month from today.   On depositing the amount, the Forum is directed to permit the parties to adduce evidence if they so desire and decide the matter on merits.  The parties are directed to appear before the Forum on 13.12.2010. 

          Office is directed to forward  copy of this order to the Forum urgently          

                         VALSALA SARANGADHARAN      :     MEMBER

                     S. CHANDRA MOHAN NAIR                :      MEMBER