PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 10th day of August 2012
Filed on : 09/12/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
drC.C. No. 684/2011
Between
A.L. George, : Complainant
S/o. Lonan, Appilly house, (party-in-person)
Ponnarimangalam P.O.,
Muvalukad-682 504.
And
1. Assistant Executive Engineer, : Opposite parties
Kerala Water Authority, O.Ps 1,2and 5
Sub Division, Cochin-16, absent)
2. The executive Engineer,
Kerala Water Authority,
Sub Division, Cochin-16.
3. V.J. Kurian, IAS, Chairman, (O.P.3&4 deleted and O.P.5
Principal Secretary, impleaded from the party
Kerala Water Resources Department, array as per order in
Government of Kerala, Secretariat, I.A. 765/2011 dt.19/12/2011)
Trivandrum-590-001.
4. P.J. Joseph,
Hon’ble Minister for Water
Resources, Government of Kerala,
Secretariat, Trivandrum-590- 001.
5. The Managing Director,
Kerala Water Authority,
Trivandrum.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
The Complainant’s father Ouso Lonan availed a domestic water connection from the 1st opposite party at a time during 1970-1973. There had been no dispute between the complainant and the opposite parties with regarding to the water charge bills till the issuance of the disputed bill. As per the direction of the 1st opposite party the complainant replaced the water meter on 08-01-2011. The replaced meter was not working properly and recorded excess reading in the meter. On 16-05-2011 the 1st opposite party issued a water charge bill for Rs. 2,330/- without any details of calculation and again on 11-11-2011 the complainant received another bill to the tune of Rs. 6,872/-. Though the consumption of water was only 350-500 litres of water per month the 1st opposite party stated the consumption as 64400 litres per month. The complainant paid a sum of Rs. 210/- and Rs. 1251/- on 20-01-2011 and on 02-04-2011 respectively. The demand for Rs. 6,872/- is without any basis. Thus the complainant is before us with the following reliefs.
i. to call for previous records of water connection bearing No. M/210/D.
ii. to say the realization of Rs. 6,872/-
iii. to declare that remittance of Rs. 237/- and Rs. 1251/- on 02-01-2011 and 02-04-2011 are for the water charges up to 31-03-2012.
2. Despite service of notice from this Forum the 1st,2nd and 5th opposite parties did not respond to the same for reasons of their own. The 3rd and 4th opposite parties are deleted from the party array as per order in I.A. 765/2011 dated 19-12-2011. Proof affidavit has been filed by the complainant . Exts. A1 to A12 were marked on his side. Heard the complainant who appeared in person.
3. During the proceedings at the instance of the complainant vide order in I.A. No. 765/2011 dated 19-12-2011 the 1st opposite party was directed to keep the recovery of the amount in the impugned bill in abeyance till the disposal of the complaint.
4. The complainant contended that he had made advance payment of water charges till 31-03-2012 as per Exhibit A1 receipt. According to him in spite of that the opposite parties issued Exts. A2 series 2 in numbers and Ext. A12 bills based on reading in the ‘defective’ water meter. The opposite parties have neither appeared before us nor rebutted the allegations of the complainant . Since the opposite parties have not controverted the above allegation the only remedy is to direct the complainant to take steps to replace the defective meter with a new one. Once the meter is so replaced the opposite party is to issue fresh bill under Regulation 13 and 17 of the Kerala Water Authority (Water Supply) Regulation 1991 over the disputed period to the complainant.
5. In view of the above we partly allow the complaint and direct as follows:
i. We set aside Ext. A2 series (2 in numbers) and Ext. A12 water charge bills.
ii. The complainant shall take steps to replace the defective water meter immediately.
iii. The 1st opposite party shall issue a fresh water charge arrear bill on the basis of the subsequent 6 months reading in the new water meter under Regulation 13 and 17 of the Kerala Water Authority (Water Supply) Regulation 1991 retrospectively for the disputed period.
iv. The remittance made by the complainant shall be adjusted against the amount arrived at by the 1st opposite party.
The above said order shall be complied with within time with the above directions.
Pronounced in the open Forum on this the 10th day of August 2012
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of receipt
A2 : Copy of consumer bill
dt.11/11/2011
A3 : Copy of letter
A4 : Copy of consumer bill
dt. 17/19/2009
A5 : Copy of consumer bill
dt. 22/02/2010
A6 : Consumer bill dt. 29/10/2010
A7 : Consumer bill dt. 31/12/2010
A8 : Copy of consumer bill
dt. 10/03/2011
A9 : Copy of paper cutting
Opposite party’s Exhibits : : Nil
