KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 137/08 JUDGMENT DATED: 30.6.09 Appeal is filed against the order passed by CDRF Ernakulam in CC.80/07 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER The Assistant Executive Engineer, : APPELLANT Kerala Water Authority, Pallimukku, Kochi-15. (By Adv.C.Sudheeshkumar) Vs. Sunny Paul, : RESPONDENT S/o Paul, Kurians Cottage, St.Benedict Road, Ernakulam. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT Thee appellant is the opposite party/Water Authority in CC.80/07 in the file of CDRF, Ernakulam. The bill issued b y the appellant for a sum of Rs. 1,94,510/- stands cancelled. 2. It is the case of the complainant that he had demolished the building in August 1995; and the building assessment was cancelled by the Corporation also in 1995. After clearing the water charges a request was made to the appellant on 22.8.95 for disconnection of the water connection. The same was disconnected and dismantled. A new building was constructed in the place and a new water connection obtained on 23.2.99. The complainant was making payment of water charges regularly. But on 29.12.2006 the appellant has issued a bill for Rs.1,94,510/- with respect to the arrears of the old water connection. The same was sought to be set aside. 3. It is the contention of the opposite party/appellant that building was demolished without disconnecting the water connection. Although the complainant had informed the appellant about the demolition of the building and made request for disconnection the arrears were not paid, and hence no steps were taken for disconnection. In Consumer Personal Ledger no details about the disconnection is noted. It is pointed out that the complainant is liable to remit an amount of Rs.2,03,108/- upto 11/2006. 4. The evidence adduced consisted of the proof affidavit of the complainant and Exts.A1 to A6. 5. It is noted by the Forum that in Ext.A1 Consumer Personal Ledger which was taken in to custody by the Commissioner appointed, it is seen that the complainant had not consumed water since 2.2.94. The complainant has also produced the document with respect to the cancellation of tax assessment by the Corporation of Cochin in 1995 itself. At the time of providing new connection to the newly constructed building no steps were taken to demand the dues if any of the old connection. It is even admitted in the version that the complainant had applied for disconnection. It is after about 11 years that the demand is made for the alleged arrears. In the circumstances we find that no interference in the order of the Forum is called for. Hence the appeal is dismissed. This order will be forwarded to the Forum. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER
......................JUSTICE SHRI.K.R.UDAYABHANU | | 
