By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order to restore the water connection to the complainant by the opposite party and to pay compensation of Rs.50,000/- for the deficiency of service and cost of the proceedings.
2. Complainant's case in brief:- The complainant is the proprietor of Alpha Tourist Home at Sulthan Bathery. He is one among the subscriber of the Sulthan Bathery Noolpuzha Drinking Water Project vide consumer No.955 and has been regularly paying the water charges to the opposite party. On 12.07.2013 evening one Mr. Jayaprakash introduced as meter reader of the opposite party, approached the manager of the complainant and demanded a room without any rent for his higher authorities coming from Trivandrum. The said demand was turned down by the manager and the said meter reader left the tourist home challenging the manager with dire consequences.
3. Thereafter on 13.07.2013, the said Jayaprakash came to the Tourist Home and disconnected the water connection without any notice either to the Manager or to the complainant. The complainant herein reported the matter forthwith to the opposite party, but no action has been taken so far. But the opposite party, instead of taking any action to restore the water connection to the complainant and taking any action against the delinquent employee, issued a show cause notice to this complainant alleging that the complainant had tampered the water meter. This complainant never tampered with meter as alleged. The alleged tampering of the water meter is nothing but cooked up story by the meter reader Mr. Jayaprakash in connivance with the opposite party, for wrecking vengeance.
4. The above said illegal act of the meter reader as well as the opposite party will amount to dereliction of duty and deficiency in service and the same caused pecuniary loss as well as mental agony to the complainant and badly affected the functioning of the tourist home as well as its good will. The opposite party is legally bound to compensate the complainant for the same. Also the opposite party is bound to restore the water connection to the complainant. Hence this complaint.
5. On receipt of the complaint and documents perusal, Notice was served to opposite parties and the opposite party entered in appearance and filed version.
6. In the version, the opposite party contended that the complainant have water connection in his Tourist home named Alpha Tourist Home and the said connection is not for his self residential purpose. The opposite party also contended that on 12.07.2013, when the meter reader took the water reading of the complainant's connection, it is found that the meter reading is lesser than the earlier reading. On examination, there is no complaint is found in the meter and it is found that the meter is fixed in opposite position. So the Assistant Engineer ordered to disconnect the supply given to complainant and on 13.07.2013, it was disconnected. As per the rules laid down:- Kerala Water supply Sewerage (Amendment). At rule 46 c, it is an offense if anyone tampers the meter or dismantle it. The opposite party also contends that after notice of the irregular fixing of meter on 18.07.2013, the opposite party issued Show cause Notice to the complainant, for which the complainant not responded. Complaint is filed by the complainant with a malafide intention to escape from the liability. So there is no bonafide in the complaint and the complaint is liable to be dismissed.
7. On perusal of complaint, affidavit and documents produced by the complainant and the version filed by the opposite party, the following points are to be considered in this case:-
1. Whether the complaint is maintainable before this Forum?
2. Whether there is any deficiency in service on the part of opposite party?
3. Relief and Cost.
8. Point No.1:- To prove the case of complainant, the complainant filed proof affidavit and examined as PW1 and marked Exts.A1 to A3 documents. Ext.A1 is the Bill issued to the complainant vide No.5395 dated 01.06.2013. Ext.A2 is also a Bill issued to the complainant by the opposite party vide No.7119 dated 30.06.2013 and Ext.A3 is the Show cause Notice issued by the opposite party to the complainant vide No.A2-2019/10 dated 22.07.2013. The main allegation in the complaint is that the opposite party disconnected the water supply after the issuance of Ext.A3 Notice. The first prayer in the complaint is for a direction to the opposite party to restore the water connection to the complainant vide consumer No.955. During the course of proceedings the complainant filed an I.A No.181/2013 for an Interim Order to restore the disconnected supply of water. The Forum allowed the petition and directed the opposite party to restore water connection till disposal of the main case.
9. The opposite party filed version stating that the complainant is not a domestic consumer and the connection is availed to Alpha Tourist Home. The complainant had paid water charge till 6/2013. On 12.07.2013 when the meter reader took the meter reading, it was found that the reading is much lesser than the earlier readings. On verification, the meter reader found that the meter is fixed in opposite direction and it is done by the complainant with a malafide intention. The complainant thus tampered the meter and it is strictly against law and is an offense. So the Assistant Engineer directed to disconnect the water supply and it is disconnected.
Tampering the meter is an offense U/s 46-c of Kerala Water supply sewerage (amendment) Bill 2008. So the opposite party issued a show cause Notice to the complainant. But the complainant did not replied to it. The opposite party also contended that all the other allegations in the complaint are false and fabricated. After going through the evidence in this case, the Forum found that the water connection is used by the complainant to his Alpha Tourist Home and it is run by him for business purpose. On perusal of complaint, affidavit and evidence the Forum found that the complainant availed water connection for his tourist home, which is run for commercial purpose. So the complainant is not a consumer as envisaged in Consumer Protection Act. The Honorable National Commission in 2013(4) CPR 453(NC) clearly ruled that if service from opposite party is availed by complainant for business purpose is not covered under the definition of consumer as envisaged under 2 (1) (d) of Consumer Protection Act.
10. So the complainant did not come under the purview of a consumer, since he is using the connection for a business purpose. Therefore, the Forum reached to a conclusion that the complainant is not a consumer and he is not entitled to get the benefits of a consumer. Therefore, the Point No.1 is found against the complainant.
11. Points No.2 & 3:- Since the Point No.1 is found against the complainant, no question of considering the merits of the case and deficiency of service. So we not considered the service deficiency aspects. The Point No.2 & 3 are decided accordingly.
In the result, the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 20th day of January 2014.
Date of Filing:29.07.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Rahim. Manager, Alpha Tourist Home.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Bill. Dt:01.06.2013.
A2. Copy of Bill. Dt:30.06.2013.
A3. Copy of Show Cause Notice. Dt:22.07.2013.
Exhibits for the opposite Parties:
Nil
Sd/-
PRESIDENT, CDRF, WAYANAD.
