Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
24th day of February 2023
CC 15/20 filed on 03/01/20
Complainant: K.G.Murali, S/o Gopalan, Karamal House, Peruvanam
Desam, Cherpu Village, Thrissur- 680 561.
(By Adv.T.T.Simon, Public Counsel)
Opposite Party: Kerala Water Authority, PH sub division, Irinjalakuda,
PH Section, Cherpu, Thrissur- 680 561.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
Complainant obtained a water bill issued by the opposite party bearing No.53293854 dated 14/10/19 for Rs.21,883/- (Rupees Twenty one thousand eight hundred and eighty three only). Thereafter, a disconnection notice served causing of pay Rs.22,305/- (Rupees Twenty two thousand three hundred and five only) along with Revenue Recovery Notice. Earlier opposite party issued bill dated 18/12/17 for Rs.17,357/- (Rupees Seventeen thousand three hundred and fifty seven only) and an amount of Rs.7,000/- (Rupees Seven thousand only) paid but receipt for Rs.4,461/- (Rupees Four thousand four hundred and sixty one only) above was issued. Further an amount of Rs.3,539/- (Rupees Three thousand five hundred and thirty nine only) also paid for which no receipt was given. Now the service stands disconnected stating arrears amounting to Rs.21,883/- (Rupees Twenty one thousand eight hundred and eighty three only). No such usage or consumption is there and the issuance of false bill is deficiency in service. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Exts. A1 to A3. Ext.A1 is the copy of interim order in IA 23/2020 in CC 15/20 dated 13/01/20; Ext.A2 is the disconnection notice No.4333 and Ext.A3 is the revenue recovery notice N.29 dated 28/11/19.
4) Points for consideration are
a) Whether there is any deficiency in service on the part of the
opposite party ?
b) If yes, cost ?
5) The complainant produced Ext.A1 to A3 documents to prove his contention. The relief sought against the opposite party is (a) to immediately repair the leakages of water. (b) to immediately reconnect the disconnected water connection for the domestic consumption. (c) To transfer the connection to the name of the complainant who currently occupy the dwelling house. (d) To allow 10 equal installments to pay the arrears along with the bimonthly bill amount whenever it may be due. (e) To immediately stop the revenue recovery proceedings. The allegation of deficiency in service is associated with issuance of Ext.A2 to A3. Prayer (d) is seeking in order to pay the arrears in 10 equal installment. If the relief is considered, the pleading with regard to the deficiency in service fails. More pertinently the relief sought as above admits the issuance of Ext.A2 and A3 genuine. Under such circumstances the plea do not support the relief. Hence this case to that extent stands failed. As the demand notice admitted to be just and proper relief (e) also fails. Further more water has been disconnected stating arrears in payment of water charge. Under such circumstances disconnection of service is legal and nothing has been produced or pleaded to defeat the legality of disconnection. Nothing is pleaded with regard to preferring of proper application before the opposite party to change the service connection in the name of complainant. It is the bounden duty of the complainant to prefer proper application before the concerned office to change the connection to his name. Since there is no such case, prayer (b) also fails. The consumer is also bound to preserve and protect the service connection without any leakage.
From the above discussion complainant miserably fails to establish his case before this commission. It is true that opposite party remained ex-parte in this case but the same does not preclude the complainant from adducing proper evidence and pleadings before this commission to adjudicate the matter on its own merits. Hence we are not inclined to allow this complaint and accordingly this complaint dismissed.
In the result complaint dismissed without cost.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24th day of February 2023.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext.A1 copy of interim order in IA 23/2020 in CC 15/20 dated 13/01/20.
Ext.A2 disconnection notice No.4333.
Ext.A3 revenue recovery notice N.29 dated 28/11/19.
Id/-
Member
