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DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, PALAKKAD
Datedthis the 6th day of November, 2023
-Prsent : Sri. Vinay
Menon V., President
: Smt. Vidya A.,
: Sri. Member
Krishnankutty N.K., Member Date of Filing: 21 /08/2023

CC/215/2023
C.U.Arvind,
58, "Kausikam",
Aiswarya Nagar,
Nurani, Palakkad -678 004.
(Party in Person) Complainant

Vs
The Asst. Executive Engineer,
Kerala VWater Authority,
Coimbatore Road,
TKV Nagar, Kalmandapam,
Palakkad -678 541.
(By Adv. R. Gangadharan) Opposite party

ORDER IN THE QUESTION OF MAINTAINABILITY


By Sri. Vinay Menon V., President
1 This is the second bout of attack of the
complainant against the O.P. based on the same
cause of action as raised by him and
dismissed bythis Commission by our Order dated
11/08/2023 in CC 89/2023 on the question of maintainability itself.
2. At the time of the complaint being filed, this Commission had raised a
question
regarding the maintainability (if not admissibility) of this
complaint as this Commission
felt that the dispute is nota
Consumer Dispute'.
3.
Subsequent to the O.P.s filing their version, we took up
the complaint for hearing on
maintainability.
4
Complainant, as he had already grieved in CC/89/2023, claims to be the
owner of Flat
No. 103, Brightline Apartments, Kairaly
Gardens. His grievance is regards the individual
water connection granted to the resident of
property bearing number 101, which the
complainant alleges is in violation of statutory provisions and has
posited number of
a
questions of law for our consideration.
4UMER

DUTES)
ESSA!
1
5
Complainant has no
grievance whatspever with regard to the
nm. AS aconsumer of O.P. he has no connection granted to
grievance dispute with regard to the services
or
provided to him. He seeks an order that
answers the legal questions raised by him and
TOr a declarationof the illegality of
connection granted by 0.P. to Flat No. 103.
6.
Ihus there is no dispute as
between the complainant and the 0.P.s that
Witnin the purview of a consumer would fall
disputes upon which this Commission can
jurisdiction. exercise
7.
The complainant was informed regarding the nature of his
maintainability while discussing complaint and its non
the merits of
Cc/89/2023 as well as this case. The
complainant chose to file complaints repeatedly before this
is pending before this Commission for version Commission. (cc/232/2023
of opposite party and for hearing on
maintainability).
8. Hence this complaint is dismissed with acost of
tothe opposite party.
Rs.5,000/- payable by the complainant

cerified copy Pronounced in open court on this the 6" day of


I No. ui the
November, 2023.
Application
of receipt of Sd/
Application Vinay Menon V
President
6l23 Sd/
Vidya.A
erilied Copy of orr Member
Sd/
8l23
NB : Parties are
Krishnankutty N.K.
Member
directed to take back all extra set of
in accordance with Regulation 20(5) of the -documents submitted in the proceedings
Consumer
Procedure) Regulations, 2020 failing which they will be Protection (Consumer Commission
weeded out.

Forwardd/By Orier,
Fair copy on
Despatched on:
: 06/11/2023 Assisganf Registrar
&ln l23 CONSURS Assistant Registrar
ConsNnerDspules Reussel Coeission
Palakkad, Kerala State

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