Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

(1)                This appeal has been pending in this Commission since 2003.  On 29^th July, 2011 this appeal was placed before us and on finding that both parties were absent and matter was lying unattended we directed office to issue notice to both the parties informing next date of hearing.  On 16.08.2011 notice was sent to both the parties as per office endorsement and despite notice both parties are absent.  Hence, we have decided to dispose of this appeal on merit.

(2)                We perused the impugned order and documents placed on record. Complainant who is appellant had filed Consumer Complaint No3254/1999 against The Deputy Municipal Commission, Kalyan Dombivli Municipal Corporation challenging the water bills issued to him by the Corporation.  The District Forum was pleased to dismiss the complaint on the ground that the Complainant was in arrears of bill of `14,169.55 which was not denied by the Complainant and he failed to prove that he had made payment of water bills in time. 

(3)                The first grievance of the Complainant was that previously he had filed one complaint and that complaint was allowed by the  District Forum, but it was not complied with by the original Opponent.  The District Forum held that Complainant should have filed execution proceeding against the Kalyan Dombivli Municipal Corporation, but on that count he cannot be permitted to withhold payments of water bills.  The District Forum therefore felt that Complainant had failed to prove that he had made payment of `14,169.55 demanded by the Kalyan Dombivli Municipal Corporation.  The District Forum therefore held that there was no deficiency in service on the part of the Kalyan Dombivli Municipal Corporation and therefore, it was pleased to dismiss the complaint filed by the original Complainant.

(4)                Upon perusal of the impugned judgement and order passed by the District Forum we find that the order passed by the District Forum is just, proper and sustainable in law.  There is absolutely no merit in the appeal filed by the original Complainant.  Hence, we pass the following order:

O  R  D  E  R

         (i)              Appeal stands dismissed.

       (ii)              No order as to costs.

     (iii)              Inform the parties accordingly.

Pronounced on 22^nd September, 2011.