31.10.2023

ORDER

MR. RAVISHANKAR, JUDICIAL MEMBER

1.        The appellants/complainants have preferred this appeal being aggrieved by the Order dt.23.02.2023 passed in CC.No.1116/2019 on the file of 4^th Additional District Consumer Disputes Redressal Commission, Bangalore.

2.        The learned counsel for appellant  submits that they have deposited an amount of Rs.46,000/- before the respondent authority and thereafter, they have raised a dispute with respect to the issuance of the bill basing of the utilization for commercial purpose and after disconnection only they approached the District Commission alleging deficiency in service.  The District Commission without considering the said facts had dismissed the complaint as barred by time.  Infact the complaint is well within time, hence, prays to set aside the Order passed by the District Commission. 

3.        On the other hand, the learned counsel for respondents submit that the appellants have utilizing the water for commercial purpose/non-domestic and they are liable to pay the bills which are tendered and the complaint has belatedly filed, hence, submits that the Order passed by the District Commission is in accordance with Law and prays to dismiss the appeal.

4.        Heard from both parties.

5.        On perusal of the certified copy of the Order, appeal memo and documents produced by both parties and arguments submitted by both parties, we consider that the matter requires reconsideration by the District Commission.  The complaint was filed after knowing that the bill was issued based on the commercial purpose as alleged by the respondents.  The bills issued only on the basis of photographs, they have not visited the spot to know whether the complainant utilizing the water for commercial purpose.  When such allegation is made, the matter requires to be adjudicated on the said dispute, as such, we direct the District Commission to adjudicate the matter afresh upon the affidavit evidence with documents and other materials produced by both parties.  Further, we direct both parties to appear before the District Commission on 29.12.2023.  Hence, the following;

ORDER

The appeal is disposed-of.

The Order dt.23.02.2023 passed in CC.No.1116/2019 on the file of 4^th Additional District Consumer Disputes Redressal Commission, Bangalore is hereby set aside and the matter is remanded back to the District Commission with a direction to restore the matter in its original number and adjudicate the matter afresh on merits upon the affidavit evidence with documents and other materials produced by both parties and dispose of the case on merits in accordance with Law expeditiously.

               Sd/-                                                   Sd/-

(Sunita .C. Bagewadi)                         (Ravishankar)       

Member                                 Judicial Member

KCS*