31/12/2011.
O R D E R
By Sri.M.S.Sasidharan, Member
The case of the complainant is that the complainant holds a water connection from the respondents vide consumer No.5254. The complainant purchased the property on 1994. But he constructed the building only on December 2001. The complainant had applied to transfer the water connection. However the connection has not been transferred even though the site plan was approved. So no water was used for the construction. The complainant began to consume water only after the construction of building on December 2001. It was told on March 2004 that there was an arrear of Rs.14,000/- to be paid by him. The arrear amount is requested without any basis and no details are given. The respondents disconnected the water supply on 26/6/04 illegally. So this illegal disconnection amounts to their deficiency in service. The complainant prayed to set aside the arrear amount called for.
2. The respondent called absent and set exparte.
3. Points for consideration are:
1) Is the complainant entitled to pay the arrear amount called for ?
2) Other reliefs and costs ?
4. The complainant filed affidavit and the documents submitted in support to his claim are marked as Exhibits P1 to P4.
5. The complainant’s case is that even though he purchased the property in the year 1994 the building was constructed only on December 2001. Even then he did not use the water from the connection for the construction purpose. The water connection has not been transferred in favour of him inspite of approving the site plan. So the complainant claimed that he is not liable to pay the arrear amount claimed from him.
6. Exhibit P1 is the occupancy certificate issued from the respondent office on 4/12/2001. Where as it was informed in Exhibit P4 letter to submit the occupancy certificate failing which the supply will be disconnected. Exhibit P4 revealed that the complainant had informed that no water was consumed from 1994 to 2001. But no action has seen taken on the Exhibit P4 request before disconnecting the water supply.
7. There is no other evidence to the contrary.
8. The water connection was restored vide order in IA No.846/04.
9. In the result the complaint is allowed and the notice in which the arrear amount is called for is set aside. There is no order to cost or compensation.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of December 2011.
Sd/-
M.S.Sasidharan, Member
Sd/-
Padmini Sudheesh, President
Sd/-
Rajani.P.S., Member Appendix
Complainant’s Exhibits
Ext. P1 Occupancy Certificate
Ext. P2 Receipt
Ext. P3 Notice
Ext. P4 Copy of lr. dt.28/5/04
Id/- Member
