DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 25th day of April, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing: 11/10/2019
CC/239/2019
Haridasan.K - Complainant
Kuttapulakkil Veedu,
Near Higher Secondary School,
Sreekrishnapuram-679 513.
(Party in Person)
Vs
Assistant Executive Engineer,
Kerala Water Authority,
Cherpulassery. - Opposite Party
(By Adv.R.Gangadharan)
O R D E R
By Smt.Vidya.A., Member
1.Brief facts of the complaint.
The complainant is a consumer of the Kerala Water Authority, Cherpulassery section with consumer number SRE/151B/D. He received a demand cum disconnection notice dated 16/09/2019 from the opposite party informing the last date for payment as 30/10/2019. But the opposite party disconnected the water supply on 30/09/2019 without any prior notice. The officials of the opposite party misbehaved when enquired about this through telephone.
The complainant and his family is suffering because of their acts and this complaint is filed for directing the opposite party to give water connection and to pay Rs.25000/- as compensation for the physical and mental strain and other inconveniences suffered by the complainant.
2. Complaint was admitted and notice issued to the opposite party. The opposite party entered appearance and filed their version.
3. The opposite party in their version contented that the complaint made last payment of Rs.3580/- on 04/10/2018 in the above water connection. After that he did not make payment on the bills issued on 23/11/2018, 18/01/2019, 21/03/2019, 21/05/2019 and 16/07/2019. The complainant did not make any payment towards the water charges for one year and the arrears as on 16/07/2019 was Rs.1064/-. The last date of payment to avoid disconnection as per the bill dated 16/07/2019 was on 29/08/2019 and since he failed to make payment within that date, the water connection was disconnected on 01/10/2019 for non payment of arrears. Later when the complaint made payment, it was reconnected. There is no deficiency in service on their part. The complainant has no cause of action against the opposite party and he is not entitled to get any reliefs claimed in the complainant and it has to be dismissed with their cost.
4. In evidence, the complainant filed chief affidavit and Ext A1 marked. Opposite party also filed their proof affidavit and Ext B1 marked from their side. There was no representation from complainant’s side after 07/03/2020. The opposite party filed notes of argument and it was taken for orders.
5. Main points to be considered
1. Whether there is any Deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to the reliefs claimed?
3. Reliefs if any, as cost and compensation.
6. Points 1, 2 & 3
From Ext B1,consumer personal Ledger extract, maintained by the opposite party in the normal course of business, it can be seen that the complainant did not make any payment towards water charge from 23/11/2018 to 16/09/2019 and the arrears as on 16/07/2019 was Rs.1064/- . This shows that the complainant had not made any payment towards water charges for about 10 months. The opposite party’s contention is that the last date of payment to avoid disconnection as per the bill dated 16/07/2019 was on 29/08/2019 and since he failed to pay the amount within that date, the connection was disconnected on 01/10/2019 for non payment of arrears and it was reconnected on 17/10/2019 when he made payment.
7. It is clear that the disconnection of water supply was due to the non payment of water charges by the complainant. Five bills issued to the complainant remained unpaid before the issuance of the bill in question dated 16/09/2019. The contention of the complainant that the last date of disconnection as per that bill was 30/10/2019 and the opposite party disconnected the supply on 30/09/2019 without prior notice is not tenable. In all receipts issued by the opposite party, they mention the last date of payment without fine and last date of payment with fine to avoid disconnection. As a consumer, the complainant is bound to pay the bills for the water consumed by him. Failure on his part to pay the earlier 5 bills made the opposite party to disconnect the water supply. Sufficient time was there for the complainant to pay the arrears in the bill. So there is no deficiency in service on the part of the opposite party.
In the result, the complaint is dismissed.
Pronounced in open court on this the 25th day of April 2022
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty.N.K
Member
Exhibits marked on the side of complainant
Ext. A1– Demand cum Disconnection Notice Issued by the opposite party to the complainant dated 16/09/2019.
Exhibits marked on the side of Opposite parties
Ext B1-Copy of consumer personal ledger extract maintained by the opposite party
Cost:
