O R D E R<br /> <br /> Sri. Santhosh Kesavanath P., President.<br /> <br /> The case of the petitioner's is as follows:<br /> Petitioner on 1..12..1995 availed a casual Water connection to his residence at Chingavanam. Petitioner was remitting casual charges to the opposite party up to 26..12..1997. On 26..12..1997 the petitioner submitted an application to the second opposite party for converting the casual connection to the domestic connection. The opposite party without changing the casual connection to the domestic connection issued a reply letter on 2..1..1998 . In the sreply the opposite party assured the petitioner that the change will be done on the priority basis there after petitioner was remitting monthly charges to the opposite party in accordance with the casual charges as demanded by the second opposite party. Petitioner thus remitted<br /> <br /> <br /> <br /> -2-<br /> monthy charges till July, 2000. There after on several times the petitioner demanded for change of connection . The opposite party has not heed to the demand of the petitioner. The opposite party in the month of 24..2..2006 issued a demand notice asking the petitioner to remit an amount of Rs. 13543/- and they threatened the petitioner that in default of payment water connection will be disconnected. The petitioner states that the said act of the opposite party of issuing demand notice without changing casual connection to the domestic connection after request made by the petitioner amounts to deficiency of service. So he prays for setting aside the demand notice dtd: 24..2..2006 and also seeks direction of the forum to convert casual connection of the petitioner to a domestic connection with effect from 26..12..1997 and to issue bills accordingly. <br /> The opposite party has not entered appearance and filed version so the opposite party was set ex-parte.<br /> Points for considerations are<br /> i) Whether there is deficiency in service on the part of the opposite party?<br /> ii) Reliefs and costs.<br /> Evidence of the petitioner consists of his affidavit and Ext. A1 to A8 documents.<br /> Point No. 1<br /> The petitioner is a consumer of the opposite party, the opposite party had given sanction order to effect Water Supply to the petitioner's premises. On 1..12..1995 for the said purpose an agreement was executed between the petitioner and opposite party the agreement is produced by the petitioner and is marked as Ext. A2. After <br /> <br /> -3-<br /> execution of A2 casual connection was given to the petitioner. The petitioner had submitted an application to the opposite party for change of connection from casual to domestic connection. Opposite party instead of changing the connection issued a reply the said reply letter is produced and marked as Ext. A5. From Ext. A5 it can be seen that on 26..12..1997 the petitioner had submitted the application for change of connection from casual to domestic. In Ext. A5 the opposite party acknowledge that the application of the petitioner was registered by them as per vide Reg. No. 2698. Ext. A7 is the copy of the letter dated 19..2..2003 issued by the petitioner to the opposite party for taking steps to change his casual connection to domestic connection. From the documents produced by the petitioner it can be seen that petitioner had given application on 26..12..1997 for change of connection but the opposite party has not heed to the demand of the petitioner. The demand notice issued by the opposite party demanding Rs. 13543/- is produced by the petitioner and is marked as Ext. A8. The demand made by the opposite party as per Ext. A8 for the charge, calculated as if the connection is of a casual connection, is illegal and is liable to be set aside.<br /> Point No. 2 <br /> In view of the findings in point No. 1 the petition is to be allowed and the petitioner is entitled to get the relief sought for.<br /> In the results the following order is passed. Ext. A8 demand notice dtd: 24..2..2006 is cancelled and the opposite parties are directed to convert the casual connection of the petitioner to a domestic connection with effect from 26..12..1997 <br /> The bill amount of the petitioner shall be calculated as if the connection of the petitioner is a domestic connection from 26..12..1997. The opposite party shall adjust <br /> -4-<br /> the amounts remitted by the petitioner and issue bills accordingly. The opposite parties are directed to pay Rs. 1000/- as cost of the proceedings. Opposite parties will adjust the cost amounts in future bills to the petitioner. As there is no evidence of loss or injury sustained to the petitioner, no compensation is ordered.<br /> This order will be complied with within 30 days of receipt of this order.<br /> Dictated by me, transcribed by the Confidential Assistant corected by me and pronounced in th Open Forum on this the 26th day of March, 2008.