SMT. N.SHAJITHA BEEVI (MEMBER)<br /> <br /> Sri. Mohan for and on behalf of his brother D. Rajesh has filed the complaint before this Forum alleging deficiency in service on the part of the opposite parties. The brief facts of the case of the complainant are as follows:- The complainant is the consumer of the opposite parties for water connection vide bearing consumer No. PRA/127/N of the opposite parties and remitting the water charges regularly at the rate of Rs. 116/-. Since the building is closed the complainant has intimated the same to the opposite parties. As per the request of the complainant dated 1-11-97, the water connection has been disconnected on 5-11-97. At the time of disconnection the pending dues of bills along with the disconnection fee of Rs. 25/- has been remitted by the complainant. It is contended that on 4-6-07 the 2nd opposite party has issued a letter to the complainant for a total sum of Rs. 31,039/- towards the arrear amount in connection with the earlier water charging. It is intimated that the same will be collected under Revenue Recovery. Since the notice was issued without any prior intimation to the complainant he was requested to the opposite parties to withdraw the same since the notice was issued after disconnection of the water connection. Since there was no relief from the part of the opposite parties the complainant file the complaint.<br /> 2. Notice was issued to the opposite parties. They were entered appearance and 2nd opposite party filed detailed statement but 1st opposite party not filed any version. So 1st opposite party set exparte on 18-6-2008.<br /> 3. Considering the contentions of the parties, this Forum has raised the issue, <br /> “Whether there is any deficiency in service on the part of the opposite parties?”<br /> 4. On the side of the complainant he was produced Exts. A1 to A6 documents. Ext. A1 is the authorization letter authorizing the consumer Sri. D. Rajesh to his brother Sri. Mohan to represent before the Consumer Disputes Redressal Forum. Ext. A2 is the receipt issued by the opposite parties showing the remittance of Rs. 116/-, Ext. A3 is the receipt of RS. 116/- remitted on 1-11-97, Ext. A4 is the disconnection charge of Rs. 25/- remitted on 5-11-97. Ext. A5 is the Revenue Recovery notice 4-6-07, and the Ext. A6 is the representation given by the complainant to the Executive Engineer, Water Authority.<br /> 5. On a perusal of the affidavit and documents given in evidence and a detailed hearing, it can be seen that the opposite parties had collected a sum of Rs. 25/- on 5-11-97 for disconnection of the water supply. After disconnecting the water connection on 5-11-97 the opposite parties issued the steps to recover the arrears amount. So the contentions of the complainant is genuine and opposite parties are not entitled the recover the arrears amount by way of Revenue Recovery Notice issued by the 2nd opposite party and it has no locus standi. So the notice issued by the 2nd party is squashed. We hereby further direct the opposite parties to withdraw the notice and to pay sum of Rs. 2,000/- to the complainant for their mental agony and inconvenience together with the cost of Rs. 500/- to the complainant. The 1st opposite party shall pay the said amount to the complainant and comply the order within one month from the date of receipt of this order.<br /> Complaint allowed<br /> Pronounced in Open Forum on this the 30th day of June, 2008.<br /> <br /> SMT. N.SHAJITHA BEEVI:<br /> <br /> SRI. JIMMY KORAH:<br /> <br /> SRI. K.ANIRUDHAN:<br /> APPENDIX:<br /> Evidence of the Complainant:<br /> Ext. A1 - Authorization letter<br /> Ext. A2 - Receipt dated 15-5-07<br /> Ext. A3 - Receipt dated 1-11-97<br /> Ext. A4 - Receipt dated 5-11-97<br /> Ext. A5 - Revenue Recovery Notice dated 4-6-07<br /> Ext. A6 - Representation letter given by the complainant.<br /> Evidence of the Opposite Parties: NIL<br /> <br /> // True Copy //<br /> By Order<br /> <br /> Senior Superintendent <br /> To <br /> Complainant/Opposite Parties/SF<br /> <br /> Typed by: Sh/-<br /> Compd by:<br /> <br />