Kerala

StateCommission

A/16/48

NAGENDRAN - Complainant(s)

Versus

SECRETARY KERALA WATER AUTHORITY - Opp.Party(s)

C S RAJMOHAN

29 Feb 2016

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO. 48/16

 

JUDGMENT DATED:29.02.2016

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

•  

Maithri-68, T.C.17/1548,    

Chengalloor, Poojappura,

TVPM – 695 012.                                                                : APPELLANT

 

(By Adv: Sri. Rajmohan C.S)

 

            Vs.

1. Kerala Water Authority,

Rep, by its Secretary, Jala Bhavan.

 

2. Assistant Engineer,

Kerala Water Authority,                                                    : RESPONDENTS

Karamana Sub Division.

 

3. Assistant Executive Engineer,

Karama Sub Division.

 

JUDGMENT

 

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

 

This is an appeal filed by the complainant in CC.83/2013 on the file of Consumer Disputes Redressal Forum, Thiruvananthapuram, challenging the order of the Forum dated November 23, 2015 dismissing the complainant for his absence.

2.      It is seen from the copy of the order that complainant did not filed chief affidavit even after specific direction. The counsel for the appellant/complainant submitted that chief affidavit of the complainant was filed long time when the opposite parties were set exparte before the Forum.

 Hence appeal is allowed.  The impugned order of the Forum dismissing the complaint is set aside.  Matter is remanded to the Forum for fresh disposal in accordance with law.  Opposite parties are directed not to disconnect the water connection to the house of the complainant.  They are also directed not to proceed to recover the amount due under the disputed bill till the disposal of the complaint.  Both parties shall appear before the Forum on 30.4.2016.

 

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

 

V.V. JOSE : MEMBER

 

 

VL.