BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 16/08/2013
Date of Order : 15/10/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 582/2013
Between
Elachar Joseph, | :: | Complainant |
W/o. Late Joseph Vazhappilly, 26/2522 A, Vazhappilly House, Santhi Nagar, Thevara, Cochin – 13. | | (By Adv. Manu Roy, Vyapar Bhavan, Opp. Lourdes Church, Thevara Junction, Cochin – 15.) |
And
Assistant Executive Engineer, | :: | Opposite Party |
Kerala Water Authority, Pallimukku, Kochi – 16. | | (By Adv. P.A. Augustine, 91, DD Tex world, Market Road, Kochi – 11.) |
O R D E R
A. Rajesh, President.
1. This complaint has been preferred by the complainant to get the impugned water charge bills set aside and also seeking direction against the opposite parties to replace the faulty meter and to pay compensation and costs of the proceedings. The opposite party filed their version stating that there is no deficiency in service on their part and the complainant is liable to pay the amounts as per the disputed bills.
2. No oral evidence was adduced by the parties. Exts. A1 to A7 and Ext. B1 were marked on the side of the complainant and the opposite parties respectively. Heard the learned counsel for the parties.
3. During the proceedings in this Forum, at the instance of the complainant, vide order in I.A. No. 453/2013 dated 16-01-2013, this Forum directed the opposite party not to disconnect the water connection of the complainant until further orders.
4. Exts. A1 to A4 are the water charge bills issued by the opposite party to the complainant for the period from 18-12-2012 to 21-06-2013. As per Exts. A1 to A3, the status of the water meter is shown as “observation reading” which would show that the same is not working properly. The bills issued by the opposite party on the basis of a faulty meter is unsustainable in law. We are only to set aside Exts. A1 to A4.
5. We have carefully gone through Ext. B1, the consumer ledger maintained by the opposite party. Evidently, the complainant had an average consumption of water at the rate of 53 KL per month prior to 18-12-2012. We think that a direction to the opposite party to issue a fresh water charge arrear bill to the complainant treating the average consumption of water by the complainant as 53 KL per month for the period from 18-12-2012 to till date is enough to console the grievance of the complainant.
6. To set things right, we pass the following order :-
We set aside Exts. A1 to A4 the impugned bills.
The opposite party shall issue a fresh water charge arrear bill to the complainant for the period from 18-12-2012 to till date, considering the consumption of water by the complainant @ 53 KL per month.
The opposite party shall adjust the remittances made by the complainant during the above period as regards the proposed bill.
The complainant shall remit the amount as per the proposed bill within 30 days from the date of receipt of the same, failing which the opposite party is at liberty to realize the said amount with interest @ 12% p.a. from the date of default till realisation.
The order in I.A. No. 453/2013 dated 16-08-2013 is made absolute.
The complainant is directed to take immediate steps to get the water meter replaced.
The order shall be complied with, in line with the above directions.
Pronounced in the open Forum on this the 15th day of October 2014.
Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/- V.K. Beena Kumari, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Consumer bill dt. 18-12-2012 |
“ A2 | :: | Consumer bill dt. 22-02-2013 |
“ A3 | :: | Consumer bill dt. 26-04-2013 |
“ A4 | :: | Demand and disconnection notice |
“ A5 | :: | Application for meter testing dt. 22-12-2012 |
“ A6 | :: | Receipt dt. 22-12-2012 |
“ A7 | :: | Notice dt. 27-02-2013 |
Opposite party's Exhibits :-
Exhibit B1 | :: | Copy of the water charge remittance details |
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