IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 30th day of June, 2023
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 16/2023 (Filed on 18-01-2023)
Petitioner : Jaimon P.V.
Kocupalathattil House,
Velloor P.O. Pampady
Kottayam – 686501
Vs.
Opposite party : Pandavarkalari
Kudivella vitharana society,
Reg. No. KTM/TC/495/2012
Manarcad Grama pachayath
Ward No. VIII, Pin 680019
O R D E R
Smt. Bindhu R. Member
The complainant is a member of the opposite party society with reg. no. K.T.M/TC/495/2012 from the very starting of the society. The complainant had
been paying the monthly fee regularly till June 2022. Thereafter when the opposite party gave a new connection, the water supply to the complainant was
got disconnected and even after repeated demands, the opposite party was not ready to reconnect the same. The opposite party demanded Rs.1000 towards the labour charge and the dues to be paid. Thereafter on 4th December, the complainant rectified the complaints of the pipe and he got water supply for the
next 12 days. After that the connection was again stopped on 28 December. While so, as part of a settlement, the complainant tried to pay the dues of 6months but the opposite party did not receive it. So the complaint is filed for directing the opposite party to reconnect the connection and for compensation of Rs.1,00,000/- from the opposite party for their deficiency in service.
The opposite party was served notice and they appeared before the Commission but did not care to file version. The opposite party was set exparte.
The complainant adduced evidence through affidavit and documents were
filed which were marked as Exhibit A1 to A3.
On the basis of the pleadings and evidence we frame the following issues
1. Whether there is any deficiency of service on the part of the opposite party?
2. If so what are the reliefs?
Issues 1 and 2.
The complainant has alleged that though he had paid the monthly subscription fee regularly, the opposite party disconnected his water connection at the time of giving a new connection to someone else. The opposite party appeared before the commission. But they were neither ready to give the water connection nor contest the matter by filing version and adducing evidence. opposite party was set ex parte.
The complainant filed the consumer card issued by the opposite party to record the monthly subscription of the consumers individually in which it is recorded that the complainant had paid the monthly subscription fee of Rs.120 till June 2022. Exhibit A2 is the disconnection notice sent by the opposite party to the complainant in which Rs.1480/- is demanded. But the purpose of demanding labour charge of Rs.1000 is not specified. There is no evidence before us to show that the opposite party had rectified all the complaints of the complainant’s pipe connection at their own cost. The complainant though alleges that he had to pay the labour charge and repair the pipe, he also has not produced any evidence to prove this.
The complaint is filed mainly for the reconnection of water connection. As water is very much necessary for existence, we are of the view that the complainant and his family is to be provided with uninterrupted water supply. As the opposite party is not co operating with the legal procedures, we take it as adverse inference against the opposite parties. We find no reasonable and just reasons for denying the water supply to the complainant. Hence we find issue no 1 and 2 in favour of the complainant.
The complaint is allowed vide the following order
1. The opposite party is directed to reconnect the water connection of the complainant by receiving the due amount of monthly subscription fee within 15 days of receipt of this order.
2. The opposite party is further directed to give Rs.15,000/- as compensation to the complainant within 30 days from the date of this order.
The order shall be complied within the stipulated period, failing which the compensation amount shall carry 9% interest per month from the date of Order till realisation.
Pronounced in the Open Commission on this the 30th day of June, 2023
Smt. Bindhu R. Member Sd/-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of consumer card in the name of complainant issued by opposite party
A2 – Copy of notice dtd.09-10-2022 issued by opposite party
A3 – Copy of receipt No.553 dtd.11-07-22 issued by opposite party
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
