ADV. RAVI SUSHA, MEMBER. Complaint for reconnect the water connection n, compensation costs etc. The averments in the complaint can be briefly summarized as follows: The complainant is a senior citizen and is the proprietor of Abhilash Tires, Anchalummodu, Kollam. During the year 1991 the complainant has applied for water connection and connection was given to the complainant with Consumer No.T.K.825 from the year 1991. The complainant was regularly paying the water charge of Rs.102/- per month and so far there is not even a single in payment of charges with respect to the use of water. The complainant had employed 3 full time workers as employees and they are specialized in rethreading works and an amount of Rs.300/- each to be paid by the complainant to the employees whether the unit is functioning or not because of any technical On 28.11.2006 the third opp.party came to the unit of the complainant and disconnected the water connection without giving any notice. When the employees of the complainant enquired about the matter they were informed that the complainant had to pay some dues and the complainant’s employees assured the 3rd opp.party that the dues will be cleared and the matter will be settled , but the 3rd opp.party without listening to the pleas of the complainant’s employees disconnected the water connection. The complainant went to the office of the 3rd opp.party and enquired the matter and was informed by the 3rd opp.party that there is a default of Rs.545/- to which the complainant requested receipt evidencing the dues but the 3rd opp.party refused provide the complainant with a receipt claiming dues. On 29.11.2006 the complainant paid an amount of Rs.545/- Even after the payment of the same the 3rd opp.party did not take steps to reconnect the water connection. Thereafter the complainant visited the office of the 3rd opp.party and requested to reconnect the water connection but the3rd opp.party did not do so and thereafter the complainant issued legal notice to the opp.parties on 7.12.2006. But even after accepting the legal notice the opp.parties did not take any steps to do the same. There is deficiency in service on the part of the opp.parties. Hence the complaint. The opp.parties filed version contending, interalia, that the complaint is not maintainable either in law or on facts. This complaint is bad for non joinder of necessary parties. The complainant’s case has taken water connection for non domestic purpose as consumer No.TKD/A825/ND, it is not correct that he is regularly pay the required fee towards water charges. The complainant is a defaulter. At the time of disconnection the complainant was liable to pay a sum of Rs.545/- towards water charges. Several times the 3rd opp.party approached the complainant to clear the arrears towards water charges, but he was reluctant So the opp.parties are constrained to disconnect the water supply due to the non payment of arrears. The consumer committed default in payment a sum of Rs.545/- tobe paid to Kerala Water Authority and also he was not ready to remit the dues amount, even after repeated demands. So the the water connect was disconnected on 28.11.2005. On 29.11.2006the complainant approached the authorities for reconnection and they had given the connection on 30.11.2006 after paying the arrears and reconnection charges etc. There is no cause of action against there opp.parties. Hence the opp.parties prays to dismiss the complaint. The points that would arise for consideration are: 1. Whether there is deficiency in service on the part of the opp.parties 2. Reliefs and costs. For the complainant PW.1 is examined. Exts. P1 to P5 are marked. For the opp.parties DW.1 is examined. POINTS: Complainant’s case is that on 28.11.2006 the opp.party’s officials came to the complainant’s unit and disconnected the water connection without giving any notice. After disconnection on 29.11.2006 the complainant remitted the dues but the connection was not reconnected by the opp.party till the date of filing the complaint despite sent advocate notice to that effect. According to opp.party even after repeated demands the complainant has not remitted the due water charge amount. As per water supply Regulation Act Rules 13 [c] the opp.parties have ample power to make disconnection if the charges are not paid within 30 days of the date indicated in the bills. According to them on 29.11.2006 the complainant remitted the dues and on 30.11.2006 the connection was reconnected. Complainant’s definite case is that even after remitted the water charges the connection was not reconnected. During cross examination of DW.1 he has deposed that on the very next day of remittance of water charges the connection was reconnected. For proving that DW.1agreed to produce the Register before the Forum. But the said register or any evidence for proving the reconnection of complainant’s water connection is not produced by the opp.party. Hence the opp.party’s version that the opp.party has reconnected the water connection of the complainants on the very next day of payment of due amount cannot be accepted. Ext.P4 shows that the complainant has sent advocate notice to opp.party on 27.12.2006 for getting the connection. That shows up to 7.12.2006 the opp.party did not reconnect the water connection of the complainant. Complainant’s case that opp.party has not even sent reply notice to Ext.P4. DW.1 during cross examination agreed to produce the copy of reply notice. But they did not do so. Our view is that up to the date of fling the complaint the opp.party has not reconnected the water connection. Or else the complainant would not have file this complaint. From the whole evidence we are of the view the act of opp.party by not reconnecting the water connection after the remittance of water due charges amounts to deficiency in service from the side of opp.party. In the result the complaint is allowed. The opp.parties are liable to pay compensation to the complainant. Opp.parties are directed to pay Rs.10,000/- as compensation to the complainant. Opp.parties are further directed to pay Rs.1000/- as cost to the proceedings. The order is to be complied with within one month after receipt of the order. Dated this the 30th day of April, 2010. . I N D E X List of witnesses for the complainant PW.1.- Sasidharan List of documents for the complainant P1. – Registration card. P2. – Receipt dt. 29.11.2006 P3. – Receipt relating to expense P4. – Legal notice P4 a-c Postal receipt P5[a-b]- Acknowledgement card List of witnesses for the opp.party DW.1. – S.S Roy List of documents for the opp.party :NIL | 
