Secretary,Thrissur Corporation V/S Jayan.C.R - Consumer Court Case

Kerala

Trissur

CC/08/164

Jayan.C.R - Complainant(s)

Versus

Secretary,Thrissur Corporation - Opp.Party(s)

Adv.A.Y.Khalid

09 May 2008

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/08/164

Jayan.C.R						...........Appellant(s)
Vs.
Secretary,Thrissur Corporation						...........Respondent(s)

BEFORE:

1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):

1. Jayan.C.R

OppositeParty/Respondent(s):

1. Secretary,Thrissur Corporation

OppositeParty/Respondent(s):

1. Adv.A.Y.Khalid

OppositeParty/Respondent(s):

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ORDER

By Smt. Padmini Sudheesh, President: Petitioners case is as follows:- 1. The petitioner is residing in House No.XXX/35 of Thrissur Corporation after the death of his father. The water connection to the house is in the name of deceased father and the number is 9523. After the death of his father, the petitioner is continuing as the consumer of water connection and remits the water charges regularly. He had remitted the water charge on 2.5.07. On 22.2.08 the petitioner had gone to remit the water charge from 2007 June onwards. Then the respondent informed that the petitioner had to remit arrear water charges for Rs.7316/- from 1997 October to 2007 January. Besides this, they will not accept the regular charge without remitting the arrear water charge. The petitioner is using the above said water connection only for domestic purpose and there is no excess usage of water. He had other water sources like well, pond etc. The petitioner is remitting regularly Rs.28/- monthly as the water charge and it can be seen from the payment book in Page No.3. The respondent has to inform the petitioner if there is any arrear. That is not done and he is not liable for the arrears. 2. The notice from the Forum is accepted by the respondent, but not turned up. So on 24.4.08 the respondent is called absent and set exparte. 3. To prove the case of the petitioner he has filed affidavit and produced one document which is marked as Ext. P1. 4. Heard the Counsel. 5. According to the petitioner, he is remitting the water charge regularly and he is not liable to pay the arrear. He also claims compensation for mental agony and costs. There is no counter evidence. 6. So the petition is allowed and the respondent is directed not to charge the additional water charge entered in Ext. P1 and to accept the monthly water charge Rs.28/- per month. The petitioner is entitled for Rs.1000/- (Rupees one thousand only) as compensation and Rs/300/- (Rupees three hundred only) as costs. Time for payment of compensation and cost one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 9th day of May 2008.

By Smt. Padmini Sudheesh, President: Petitioners case is as follows:- 1. The petitioner is residing in House No.XXX/35 of Thrissur Corporation after the death of his father. The water connection to the house is in the name of deceased father and the number is 9523. After the death of his father, the petitioner is continuing as the consumer of water connection and remits the water charges regularly. He had remitted the water charge on 2.5.07. On 22.2.08 the petitioner had gone to remit the water charge from 2007 June onwards. Then the respondent informed that the petitioner had to remit arrear water charges for Rs.7316/- from 1997 October to 2007 January. Besides this, they will not accept the regular charge without remitting the arrear water charge. The petitioner is using the above said water connection only for domestic purpose and there is no excess usage of water. He had other water sources like well, pond etc. The petitioner is remitting regularly Rs.28/- monthly as the water charge and it can be seen from the payment book in Page No.3. The respondent has to inform the petitioner if there is any arrear. That is not done and he is not liable for the arrears. 2. The notice from the Forum is accepted by the respondent, but not turned up. So on 24.4.08 the respondent is called absent and set exparte. 3. To prove the case of the petitioner he has filed affidavit and produced one document which is marked as Ext. P1. 4. Heard the Counsel. 5. According to the petitioner, he is remitting the water charge regularly and he is not liable to pay the arrear. He also claims compensation for mental agony and costs. There is no counter evidence. 6. So the petition is allowed and the respondent is directed not to charge the additional water charge entered in Ext. P1 and to accept the monthly water charge Rs.28/- per month. The petitioner is entitled for Rs.1000/- (Rupees one thousand only) as compensation and Rs/300/- (Rupees three hundred only) as costs. Time for payment of compensation and cost one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 9th day of May 2008.

......................Padmini Sudheesh
......................Rajani P.S.