DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 29th day of November 2024
Filed on: 21.06.2023
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member
C.C. No. 403/2023
COMPLAINANT
Mathew M Urumbipara, S/o.Ouseph Mathai, Urumbiparayil House, Elanji P.O., Pin-686 665
VS
OPPOSITE PARTY
Kerala Water Authority P.H.Sub Division, Mulanthuruthy Section, Piravom
(By Adv.Jomy K.Jose, Adv.Vidhya Sugunan)
F I N A L O R D E R
V.Ramachandran, Member
- A brief statement of facts of this complaint is as stated below:
This consumer complaint is filed by Mathew Urumbipara for his son who is working in Defence Department. The complainant alleges that the opposite party which is water authority Piravom Section has caused unfair trade practice and deficiency of service towards the complainant by not providing water supply and also by charging exorbitant water bill. The gist of the complaint is that the complainant was regularly paying water charges and on 09.05.2023 the complainant received a bill showing bi-monthly consumption of water as ‘zero’ and tariff as Rs.147/- which charged for this consumption. Subsequently, he has received another bill for Rs.640/- and water authority has demanded to pay the amount failing which the connection shall be disconnected. Aggrieved by this the complainant approached to the Commission and prayed to issue orders to the opposite party not to charge the amount and along with other reliefs.
- Notice
Upon notice from this Commission the opposite party entered into appearance before the Commission and filed their version.
- Version of the opposite parties
In the version, the opposite party contended that a water connection with consumer No.ELY/1972/D has been issued in the name of Sri.Antony Urumipurayil, on 18.01.2019. This is a domestic water connection and due to low consumption of water, only minimum water charges have been charged from consumer till date. As a result of installations of 90mm PVC pipe line in Manikunnu-Vettikkad road in 8th ward of Elanji Panchayath, under JJM the water supply has been interrupted due to leakage in the existing distribution line. The complaint raised by the complainant for not getting water from the water connection was rectified and consumer is getting sufficient water from his connection. The matter has been informed to the complainant through phone call. Due to the revision of water tariff with effect from 02.02.2023 the minimum water charges are to be paid whether he consumes the water or not. As Kerala Water Authority has not charged any amount other than minimum water charges fixed by the Government from time to time, the petition may be disposed with direction to the complainant to remit the water charges to Kerala Water Authority in time. It is submitted that there is no deficiency of service from the part of the opposite party in order to attract the jurisdiction of the Commission. There is no cause of action for the complainant against the opposite party. The complainant is not entitled to get any of the reliefs sought for in the complaint. In the above circumstances, the opposite party prayed to the Commission to accept the contentions of the opposite party and dismiss the above complaint with the cost of the opposite party.
- Evidence
The complainant produced documentary evidences which are marked as Exbts.A1 to A4 and MO A5. The opposite party do not have produced any documentary evidences.
5) The following are the main points to be analysed in this case:
(i) Whether there is any deficiency in service or unfair trade practice from the side of the opposite parties to the complainant?
ii) If so, whether the complainant is entitled to get any relief from the side of the opposite parties?
(iii) Costs of the proceedings if any?
5) Point No. (i)
The Commission upon making a very thorough probe into the overall aspects of the case and also on perusal of documents it is seen that as per bill No.115740197 the consumption of the water is recorded as ‘zero’ (as per KL), but an amount of Rs.145/- is charged against it. The arguments of the opposite party is that the amount thus charged and also the amount charged as per bill No.107738939 dated 06.01.2023 for Rs.99/- are the minimum charges which the consumer is liable to pay. As per the bill No.115740198 dated 09.05.2023 an amount of Rs.640/- is seen charged, which is against the use of consumption of water by the consumer. Hence there is no deficiency of service and unfair trade practice from the side of the opposite party. The complainant has not produced any evidence to prove that he is exempted from the payment of minimum water charges and the complainant has not proved any deficiency of service or unfair trade practice from the side of the opposite party. Hence the complaint is dismissed.
Pronounced in the Open Commission this 29th day of November 2024.
Sd/-
V.Ramachandran, Member
Sd/-
D.B.Binu, President
Sd/-
Sreevidhia.T.N, Member
Forwarded by Order
Assistant Registrar
Date of Despatch ::
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Assistant Registrar
