DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 7th day of December 2012
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 09/10/2012
(C.C.No.190/2012)
K.P.Kunjimuhammed,
S/o.K.A.Pareekutty alias Kunhiapa,
Kaliparambil,
Kalladikkode,
Karimba Panchayat,
Karimba Village II,
Kalladikkode – 678 596 - Complainant
(By Adv.Viju K Raphel)
V/s
1.Assistant Engineer,
Kerala Water Authority Office,
Ottapalam, Palakkad
2.Assistant Executive Engineer,
Kerala Water Authority Office,
Mannarkkad, Palakkad - Opposite parties
O R D E R
By Smt.PREETHA G NAIR, MEMBER
The complainant has taken a water connection from the opposite party to his house. The opposite party has not given water to the complainant from 4/10/12 onwards. The opposite party has issued letter no.1-909/92 to disconnect the water connection as the consumer no.421 regarding the arrear amount from 8/11 to 9/12 for an amount of Rs.485/- within 7 days. But the notice received by the complainant on 3/10/12. The opposite party had disconnected the water connection on 4/10/12. On September 10,13,17,27,28 and October 3,6 the water was not given by the opposite party and the complaint given through phone to the authorized officers by the complainant. During the period the opposite party has not taken the water reading and given the notice. On 2010 also the opposite party had taken water reading and issued a bill for an amount of Rs.3500/- The complainant is a senior citizen and also included in BPL family. So the complainant could not pay the bill amount in together. The complainant suffered lots of mental agony to pay Rs.3500/- In the present case the opposite party had not given one day time for paying the bill amount. The complainant could not pay the bill of huge amount together. The act of opposite party amounts to deficiency in service. Hence the complainant prays an order directing the opposite parties to pay Rs.3500/- as the bill amount, Rs.10,000/- as compensation and cost of the proceedings.
Opposite parties was absent and hence set exparte. Complainant filed affidavit and documents. Ext.A1 to A6 marked on the side of the complainant.
Matter heard.
Issues that arise for consideration
1. Whether there is any deficiency in service on the part of opposite parties ?
2. If so, what is the relief and cost ?
Issue No.1 & 2
We perused relevant documents on record and heard from the complainant. Ext.A3 dated 18/9/12 notice issued by the 1st opposite party to demand the arrear amount of Rs.485/- from 8/11 to 9/12 within 7 days from the date of receipt of notice. Ext.A4 shows that the postal envelop to the name of complainant issued by the opposite parties with postal seal on 3/10/2012. According to the complainant the notice of opposite party received on 3/10/12 and the water connection disconnected on 4/10/12. No contradictory evidence produced by the opposite party. Ext.A5 receipt dated 10/10/12 shows that an amount of Rs.520/- received by 1st opposite party from the complainant. Ext.A6 is the meter reading card shows that the opposite parties had not taken the water meter reading within 6 months. According to the complainant he is a senior citizen and included in BPL. So the complainant could not pay the arrear amount together. As per Ext.A1 the opposite parties had issued a bill of Rs.3574/- as the arrear amount from 12/09 to 12/10. In Ext.A2 the complainant paid an amount of Rs.3500/- to the opposite parties.
As per Ext.A1 and Ext.A3 the opposite parties had issued the arrear amount for the period of 1 year. As per the Act every 6 months the meter reading should be taken and given the bill. No evidence produced by the opposite parties to show that they had acted as per the provisions of the Kerala Water Authority Regulation Act. The opposite parties not filed version and affidavit. Also after receiving the notice from the Forum, the opposite parties had not appeared and set exparte. The act of opposite parties amounts to deficiency in service. The complainant has not produced evidence to show that he had not used water. Also the complainant had not produced evidence to show that the opposite party had issued the arrear amount of excess water. So we cannot consider the 1st prayer to refund the bill amount of Rs.3,500/-.
The act of opposite parties in not issuing the bill within the period and not taking the meter reading as per the Act amounts to deficiency in service. On the available evidence the complainant and his family included in the BPL family and also he is a senior citizen. The complainant stated that he could not pay the bill amount together.
In the above discussions we are of the view that deficiency in service on the part of opposite parties. In the result complaint partly allowed. We direct the opposite parties jointly and severally liable to pay the complainant an amount of Rs.3,000/-(Rupees Three thousand only) as compensation and Rs.1,000/-(Rupees One thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 7th day of December 2012.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Disconnection notice issued by the 2nd opposite party to the
complainant dated 8/12/10
Ext.A2 – Receipt issued by the 2nd opposite party to the complainant dated
29/12/2010
Ext.A3 – Disconnection notice issued by the 2nd opposite party to the
Complainant dated 18/9/12
Ext.A4 – Postal cover received by the complainant
Ext.A5 – Receipt issued by the 2nd opposite party to the complainant dated
10/10/12
Ext.A6 – Water meter card issued by the 2nd opposite party to the complainant.
Exhibits marked on the side of the opposite party
Nil
Cost
Rs.1000/- allowed as cost of the proceedings.
