DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 26th day of December 2022
Filed on: 15/12/2017
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt. Sreevidhia T.N. Member
C.C. NO. 499/2017
COMPLAINANT
Adv. Fr. John Mundakkal, Director, Samskara, Malayinkeezhu 686691
Vs
OPPOSITE PARTIES:
Assistant Executive Engineer, Kerala Water Authority, P.H. Sub Division, Kothamangalam
FINAL ORDER
Sreevidhia T.N., Member
1. A brief statement of facts of this complaint is as stated below:
The complainant is the Director of Samskara, a Registered Socio Cultural Organization and had availed water connection on 15/07/1999 with Consumer No. KMC 2376/10/ and had paid the water bill till 2009. From 2010 onwards there was no supply of water through the pipeline which leading to Samskara. The complainant states that it is due to the inactive act of the opposite party that there was no supply of water through the pipeline leading to Samskara and hence Samskara had to rely on other water resources for drinking water. On 17/10/2017, the opposite party issued a notice to the complainant to remit Rs.20,419/- as the arrears for the water charges. The complainant states that normally if the water charges for one year is not paid, the connection will be disconnected by the opposite party. It is the usual practice and the complainant is not able to remit such a huge amount (Rs.20,149/-) as arrears especially there was no water through the pipeline since 2009. Hence this complaint.
2. Notice:
Notice were issued to the opposite party from this Commission and the said notice was seen served on 25/01/2018 as per proof of delivery. Opposite party not turned up and no version filed. Opposite party called absent and set ex-parte and the case posted for evidence of the complainant to 09/04/2018.
3. Evidence
The evidence in this case consists of the proof affidavit filed by the complainant and the documentary evidence filed by the complainant which are marked as Exbt. A1 to A3.
On 30/07/2018 complainant filed I.A. 368/2018 to amend the complaint and I.A. 368/2018 allowed and the Commission had issued notice to the opposite party on amended complaint. Opposite party has not turned up and hence heard the complainant alone.
4. Issues came up for consideration in this case are:
i. Whether any deficiency in service or unfair trade practice is proved from the side of the opposite party towards the complainant?
ii. If so, reliefs and costs?
Exbt. A1 produced by the complainant is a demand notice issued by the opposite party to the complainant dated 17/11/2017 to remit the arrears for water charges Rs.20,149/- within 7 days from the date of acceptance of the demand notice. Exbt. A3 is a reply dated 04/12/2017 given by the Kothamangalam Water Authority Sub Division as per the Right to Information Act, 2005. As per information received as per RTI Act, 2005, Kothamangalam Water Authority is not able to pump water to Malayinkeezhu area only during power outages and at the time of maintenance of motor or motor breakdowns.
We have analysed the facts of the case with the documents filed by the complainant. The specific case of the complainant is that he had availed water connection from the opposite party on 15/07/1999, and from 2010 onwards there was no supply of water through the pipeline leading to Samskara and pipeline was damaged due to high pressure of water and now there is no pipeline leading to the water connection of the complainant and also iron pipes were laid for maintaining the pipeline. The complainant also alleges that the water authority did not replace the pipeline and those iron pipes are lying idle. The water authority has issued hills for Rs.20,149/- as arrears for water charges.
There is no deficiency in service or unfair trade practice is proved from the documents filed by the complainant. The complainant has failed to prove his case with sufficient documents. Hence issue No. (i) and (ii) is found not in favour of the complainant and hence the complaint is dismissed.
Pronounced in the Open Commission this 26th day of December 2022.
Sd/-
Sreevidhia.T.N, Member
Sd/-
D.B.Binu, President
Sd/- V.Ramachandran, Member
Forwarded/by Order
Assistant Registrar
APPENDIX
COMPLAINANT’S EVIDENCE
Exbt. A1: Demand notice issued by the opposite party to the complainant.
Exbt. A2: Copy of RTI issued to the opposite party
Exbt. A3: Reply under RTI Act, 2005
OPPOSITE PARTIES’ EVIDENCE
Nil
Despatch date:
By hand: By post
kp/
CC No. 499/2017
Order Date: 26/12/2022
