By Sri.M.P.Chandrakumar, Member :
The case of the complainant is that he is having a water connection no .403, in the name of his late mother. The availability of water supply is rare and hence the complainant’s families rely on wells in the houses nearby for water. In the summer season, they rely on water supplied in tanker Lorries by the Trissur Corporation. During February 2014, the complainant received a Demand cum Disconnection notice dated12-7-2013 for Rs.61280/-.Even though the complainant asked the opposite party’s officials about the details of the bill by enquiring the matter in the office, he got no satisfactory reply. Instead, the opposite parties informed that if the complainant remitted Rs.10, 000/-, they are ready to withdraw the Demand cum Disconnection notice. Accordingly, the complainant remitted Rs.10, 000/- on 4-02-14. On 2-02-15, the officials of the opposite parties engaged in meter reading, approached the complainant’s wife and informed that if an amount of Rs.75000- is not remitted towards water charges, the connection will be disconnected and RR steps will be taken to realize the amount. The officials have not even intimated the period to which the amount belongs and the other details. According to the complainant, he has not used water for the amount demanded to be remitted as per the notice dated 12-07-13 or as per the direction dated 2-02-15 and hence is illegal. Hence the complaint filed with prayers to direct the opposite parties to provide him the actual due details in respect of consumer no .403, and also to direct the opposite parties not to initiate RR steps or disconnection of the water connection ,in addition to sanctioning compensation and costs.
2. In the version filed the opposite party states that the allegation of the complainant, regarding non-availability of water is false. Neither the complainant nor any other consumers of the locality has filed any complaint before the office of the opposite parties regarding non-availability of water. According to the opposite party, RA-13 notice had been issued to the complainant on 26-06-12 .Upon the said notice, the consumer has remitted Rs.5000/-. At the time of inspection consequent on the complaint filed by the complainant to reduce water charges, it was found that a tap to a plastic water tank without float valve for storage of water was seen installed underground beneath the water meter. The overflow of water has also been noticed and strict instructions have been given to the consumer for affixture of float valve. When the consumption of the consumer hiked to the arrear amount of Rs.62, 000/-, notice was issued upon which the complainant remitted Rs.10,000/.The other averments are false. The consumer personal ledger maintained contains all details .The bills and notices have been issued after complying all formalities prescribed by the act. The allegation regarding the demand to remit Rs.75000/- to the complainant’s wife is false. There is no deficiency of service and no wrong committed from the side of the opposite party. Considering the above, the complaint may be dismissed with costs
3.The points for consideration are
1.Is there any deficiency of service on the part of the opposite parties?
2.If so, compensation and cost
4.Evidence consists of proof affidavit filed by the complainant and counter proof affidavit filed by the opposite parties. The complainant has produced documents marked as Ext. P1 to P6 whereas the opposite party has produced evidence marked as exhibit R1. Ext. P1 is the provisional invoice card; Ext. P2 is the Demand and Disconnection notice dated for Rs.61280/-; Ext.P3 is the receipt dated 4-02-14 for Rs.10, 000/-; Ext. P4 is the copy of letter dated 21-01-15 of the ward councilor to the opposite parties along with copy of the petition; Ext. P5 & P6 are the consumer cards 2014 & 2015 ;Ext. R1 is the copy of consumer personal ledger
5. It can be seen that the cc has been filed against Ext. P2 Demand cum Disconnection notice for Rs.61280/- dated 12-07-13.According to the complainant’’അടക്കാന് ആവശ്യപ്പെട്ട സംഖ്യ ഏതു കാലത്തേ ആണെന്ന്, ബന്ധപ്പെട്ട വിവരങ്ങളോ പ്രസ്തുത ഉദ്യോഗസ്ഥന് പറയുക ഉണ്ടായില്ല .ഡി ഉദ്യോഗസ്ഥന് അടക്കാന് ആവശ്യപ്പെട്ട സംഖ്യക്കോ, 12-07-13 ലെ നോട്ടീസില് ആവശ്യപെട്ട സംഖ്യക്കോ ഉള്ള ജലം ഹര്ജിക്കാരനോ, കുടുംബമോ ഉപയോഗിച്ചിട്ടില്ല .ഡി തുകക്കുള്ള വെള്ളം പോലും പൈപ്പ്ലൂടെ വരികയുണ്ടായിട്ടില്ല ‘’.The argument of the complainant being this, it was for the opposite party to provide the detailed explanation with all details , resulting in the issue of such a bill and thus prove that the bill amount is the cost of water actually used by the complainant .However, instead of this ,the statement of the opposite party merely informs the forum that the notice has been issued as per the provisions of the act and that all the details are available in the consumer personal ledger produced as Ext. R1. Accordingly, Ext. R1 has been gone through. But, we are not in a position to get a clear-cut picture of the factors leading to the bill amount of Rs.61280/-. As such, we are bound to consider that the claim put forward by the complainant is true to facts. We are also bound to consider that the action of the opposite party, in not providing a satisfactory explanation, even to the forum, is deficiency of service.
6.In the result, the complaint is allowed. Ext. P2 Demand cum Disconnection notice is cancelled. The opposite parties are directed to provide the actual due details in respect of the water connection to the complainant. An amount of Rs.1000/- (Rupees One thousand only) is sanctioned as compensation and costs to the complainant, to be paid by the opposite party, within one month of the date of receipt of this order. Opposite party can adjust this amount towards future bill of complainant within 6 months from the date of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of June 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits
Ext. P1 provisional invoice card;
Ext. P2 Demand and Disconnection notice dated for Rs.61280/-;
Ext.P3 Receipt dated 4-02-14 for Rs.10, 000/-;
Ext. P4 copy of letter dated 21-01-15
Ext. P5 & P6 - consumer cards 2014 & 2015
Opposite Parties Exhibit
Ext. R1 copy of consumer personal ledger
Id/-
Member
