SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,  seeking direction against the  OP to  pay Rs.1,00,000/-  as compensation for   mental agony and loss he suffered.

Complaint in brief :-

      The complainant has water connection from 4/7/2013 onwards on the payment of Rs.2311/- to OP as the  complainant is a BPL card holder.  The complainant can consume 15000 liter water per month.  Every year, the connection was renewed before 30^th and no receipt was issued  by OP.  The complainant got water supply till June 2019 and on 24/7/2019, complainant received notice from OP stating  that to pay  for the water connection.  The complainant received repeated notice from OP and  the complainant  sent notice to OP to state the reason of payment and  the OP replied that complainant failed to renew the scheme of BPL and on 20/1/2023 the water  connection was disconnected and the complainant constrained to borrow  Rs.2544/- from his friends as complainant has no job, to pay the water connection  charge and also paid reconnection charge of Rs.115/- to OP.  According  to complainant, he is eligible for all the benefits comes under the purview of BPL ration card and the negligence of services of OP caused complainant  mental  hardship  and agony . Hence this complaint.

          After filing the complaint, commission sent notice  to OP.  OP s  received the notice and appeared  before the commission and filed their version accordingly.

      The OP admits that complainant is a domestic consumer of KWA from 17/7/2013.  The OP contended that the complainant was intimated about the dues of Rs.1356/- and it was disconnected on 20/1/2023.  As per the  norms of KWA, a person who is availing the benefit of BPL should  clear all outstanding dues and applied for the same in prescribed  application along with  copy o BPL ration card and Adhar card.  The consumer has to bring the original ration card for verification and to seal it as a BPL enabled consumer.  The complainant was following the practice of applying BPL benefit by sending his application through post enclosed with copy of ration card and ID card and the complainant  failed to produce original BPL ration card  for verification and also failed to clear outstanding dues and his connection was disconnected .  Moreover, the complainant cleared the dues and submitted application , his BPL benefit for the 2023 is received and hence this complaint is liable to be dismissed.

          Due to the rival contentions raised by the OPs to the litigation, the commission decided to cast the issues  accordingly.

1. Whether there is any deficiency in service from the side of  OP?
2. Whether there is any  compensation  &  cost to the complainant?

       In order to answer the issues, the commission called evidence from both parties. The  complainant produced documents which is marked as Exts.A1 to A11.  Ext.A1 is the receipt of Rs.2311/- issued by  OP dtd.4/7/2013, Ext.A2 is the receipt issued by OP showing that complainant is a BPL consumer, Exts.A3  to A6 are the Due notices issued by  OP dtd.24/7/2019,10/2/20, 12/3/20,20/12/21. Ext.A7 is the copy of notice sent to OP dtd.24/1/21, Ext.A8 is the reply notice give to  A7 dtd.10/1/22, Ext.A9 is the receipt issued by OP  on the payment of Rs.2544/- by complainant dtd.23/1/23, Ext.A10 is the receipt of Rs.115/- paid by complainant to reinstate his water connection and Ext.A11 is the copy of ration card.  The complainant adduced evidence  through proof  affidavit and examined as PW1.  No oral  and documentary evidence from the side of OP.

     Let us have a clear glance in to the evidences brought before the commission in order to answer the issues raised.  For the sake of convenience  both issues can be clubbed together.

     On the perusal of Ext.A1, it is  seen that complainant is a consumer of OP from the year 2013 on the payment of Rs.2311/-.  As there is no dispute with regard to the water connection or payment of amount stated in Ext.A1 and Ext.A2, no detailed discussion is necessary.  The dispute arise between complainant and OP is the loss of benefit of BPL card and the disconnection of water connection. According to complainant, he is eligible to get the benefit comes under the purview of BPL.  But as per Ext.A3 dtd.24/7/2019 sent by OP, it is seen that Rs.1350/- is in due and Ext.A4 dtd.12/3/2020, Ext.A5 dtd.10/2/2020 show that Rs.1572/- and Rs.1518/- respectively is in due.  Ext.A6 dtd.20/12/21, sent by OP shows that Rs.2182/- is in due.  From all these Exts.A3 to A6 the OP clearly intimated  the complainant about the dues.  Ext.A8 which is the reply to Ext.A7 sent by  complainant, clearly  indicates that in order to avail the benefit of BPL, the certain criterias  are laid down by  the government which complainant has to fulfill to avail the benefit of BPL without any hindrance.  The complainant failed to produce the original ration card to get sealed  in order to avail the benefit and  thereby sustained damage.  Moreover, OP stated that complainant can renew . his BPL benefit for the year 2022 if he cleared the due on or before January 31^st 2022.  Moreover, during the cross-examination of complainant he admitted that the BPL benefit was not renewed by him and thereby he constrained  from enjoying the benefit of BPL.  There is no evidence before  the commission, that the complainant renewed his BPL ration card every year as Ext.A8, which was given to complainant in reply of Ext.A7, clearly stated that every year the original ration card has to be sealed to get avail  the benefit of BPL.  The complainant  has not produced his original ration card before the commission to peruse  whether complainant renewed his card every year as he stated in the affidavit.  On perusing the photocopy of ration card Ext.A11, the commission never seen any such endorsement or seal of OP regarding the renewal.  Hence the commission came  into a conclusion that there is no deficiency in service from the part of OP as there is no evidence brought by complainant to show that he renewed his BPL water connection in order to avail the benefit of BPL scheme and thereby complainant fails to prove his case as per the complaint and affidavit.

   In the result, the complaint is dismissed with no cost.

Exts.

A1&A2- Receipt issued by OP dtd.4/7/13, 23/7/13

A3 to A6- Demanding  notice dtd.24/7/2019,10/2/20, 12/3/20, 20/12/21

A7- Copy of complaint dtd.24/1/21

A8- reply notice sent by OP

A9&A10- Receipts Rs.2544/-, Rs.115/-

A11- photo copy of BPL card

PW1-Ayyappan.P- Complainant

Sd/                                                   Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                      /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR