DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 17th day of November 2012
Present : Smt.Seena.H, President
: Smt.Preetha.G.Nair, Member
: Smt.Bhanumathi.A.K, Member Date of Filing : 27/07/2012
CC No.144/2012
Gokulraj.C,
S/o.C.Gopalan,
Sreeroopa,
Chandranagar,
Palakkad – 678 007 - Complainant
(By Adv.Girish K Nochully)
Vs
1.Assistant Executive Engineer,
Kerala Water Authority,
Kalmandapam, Palakkad.
(By Adv.K.A.Stanly James)
2.The Managing Director,
Kerala Water Authority,
Vellayambalam,
Thiruvananthapuram - Opposite parties
(By Adv.K.A.Stanly James)
O R D E R
By Smt.PREETHA G NAIR, MEMBER
Complainant has availed the water connection from the opposite parties with consumer No.173/MRD. The opposite parties issued the water bills with huge amount without assessing the meter reading. Also the opposite parties disconnected the water connection due to non payment of bill amount. Thereafter the opposite parites received huge amount from the complainant and reinstated the water connection. The complainant is a senior citizen and wife and daughter lived together with him. Then the complainant filed complaint as CC/176/10 before the Hon’ble Forum and compliant allowed in his favour. The oppsoite parites filed appeal before the Hon’ble State Commission against the order. The Hon’ble State Commission dismissed the appeal and the opposite parties paid Rs.5,665/- as compensation to the complainant through cheque dated 23/12/11. The opposite parties will be deducted an amount of Rs.12,409/- as the excess amount collected from the complainant in the bill amount as per the order. But the opposite parties had not deducted the amount in the water bill. The complainant has paid Rs.189/- as the monthly water charge under the Domestic Water connection No.173/MRD. So the water charge from March 2009 to March 2012 was Rs.6,804/- for 36 months Rs.12,409/- was the excess amount collected from the complainant. Then the opposite parties had deduct the excess amount of Rs.12,409/- to the water charges and refund an amount of Rs.5,605/- to the complainant. But the opposite parties had not complied the order of the Forum. Thereafter the opposite parties had issued a water bill dated 10/3/12 for an amount of Rs.7001/- to the complainant on 15/3/2012. Further the opposite parties had disconnected the water connection to the complainant in several times due to the non payment of bill amount. So the complainant purchased water for huge amount. The opposite parties had not given water on the months of January and February. Then the complainant filed complaint to the opposite parties on 24/1/2012 and 7/2/12. But the opposite parties had not given water. The opposite parties were trying to collect excess amount from the complainant.
The complainant filed an E.P. before the Forum on 26/3/12. But the petiton returned for clearing defects on 7/7/12. The act of opposite parties amounts to deficiency in service. So the compliannat prays an order directing the opposite parties to
1. Reconnect the water connection and give water every day and take the meter reading correctly.
2. Deduct the excess amount in the new bill and refund the balance amount of Rs.5,605/-.
3. Cancel the new bill dated 10/3/2012 No.184
4. Comply the order in CC176/2010
5. Pay Rs.30,000/- as compensation for mental agony and cost of the proceedings
Opposite parties entered appearance and vakkalath filed. Thereafter no representation from the side of opposite parties. Also opposite parites not filed version and affidavit.
Complainant filed affidavit and documents. Ext.A1 to A8 marked on the side of the complainant.
Issues to be considered are;
1. Whether the opposite parties complied the order in CC 176/2010 ?
2. Whether there is any deficiency in service on the part of opposite parties?
3. If so, what is the relief and cost?
Issue No.1
We perused relevant documents on records. The main allegation of the complainant is that the opposite parties had not complied the order dated 27/7/2011 in CC 176/2010. In Ext.A8 the complainant filed execution petition under Section 27 of the Consumer Protection Act. The prayer mentioned in Ext.A8 that “CDRF കോടതിയുടെ ദയവുണ്ടായി എതിര്‍കക്ഷികള്‍~ക്കെതിരെ മേല്‍~ നമ്പറിലെ കോടതി വിധി അനുസരിക്കാത്തതിന് U/S 27 of Consumer Protection Act. പ്രകാരമുള്ള തടവ്, പിഴ, ശിക്ഷാനടപടികള്‍ സ്വീകരിച്ചും ഹര്‍ജിക്കാരന്‍റെ വീട്ടിലേയ്ക്കുള്ള വാട്ടര്‍ കണക്ഷന്‍ പുന:സ്ഥാപിച്ചും കുടിവെള്ള വിതരണം ആവശ്യാനുസരണം ഇടതടവില്ലാതെ കൃത്യമായി നടത്തുവാനും, മീറ്റര്‍ റീഡിങ്ങ് കൃത്യമായി നടത്തുവാനും ഹര്‍ജിക്കാരനില്‍ നിന്നും എതിര്‍കക്ഷികള്‍ അനാവശ്യമായി അധികം ഈടാക്കിയ ബില്‍സംഖ്യ 2009 മുതലുള്ള പുതിയ ബില്ലില്‍~ നിന്നും കിഴിവ് ചെയ്ത് ബാക്കി 5605/- രൂപ (അയ്യായിരത്തി അറ നൂറ്റി അറുപത്തിയഞ്ഞ്ച് രൂപ മാത്രം) എനിക്ക് എതിര്‍കക്ഷികളോട് തിരികെ തരുവാനും, ഇപ്പോള്‍ വീണ്ടും ഹരിജിക്കാരനില്‍ നിന്നും ഈടാക്കാന്‍ ശ്രമിച്ചുകൊണ്ടിരിക്കുന്ന എതിര്‍കക്ഷികളുടെ വ്യാജബില്‍ നം.184 തിയതി 10/3/12 റദ്ദാക്കിയും, ടി സംഖ്യ എതിര്‍കക്ഷികളോട് എന്നില്‍~ നിന്നും ഈടാക്കരുത് എന്ന് കല്‍പ്പിച്ചും മേല്‍നമ്പരിലെ വിധി എതിര്‍കക്ഷിളെ കൊണ്ട് നടപ്പിലാക്കിക്കുവാന്‍ വിധിപ്രകാരമുള്ള തടവ് ശിക്ഷയും, പിഴ സംഖ്യ ഈടാക്കലും എതിര്‍~കക്ഷികള്‍~ക്കെതിരെ സ്വികരിച്ചും ഒരുതരവുണ്ടാകുവാന്‍ അപേഷിച്ചുകൊള്ളുന്നു.
As per Ext.A1 the order dated 27/07/2011 the order is that opposite parties are directed to cancel the disputed bills dated 2/6/2010 and 9/12/2010 and issue fresh bill based on the actual consumption of water by the complainant on the basis of meter reading deducting water charges remitted by the complainant without claiming any penal interest. Opposite parties are directed to give suitable installments to the complainant for the payment of the revised bill amount. Opposite parties are further directed to pay an amount of Rs.5,000/- (Rupees Five thousand only) as the compensation for mental agony and Rs.500/- (Rupees Five hundred 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 receipt of order till realization. The complainant admitted that the opposite parties paid Rs.5,665/- as compensation on 23/12/2011. So the order to cancel the bill dated 2/6/2010 and 9/12/2010 and issue fresh bill on the actual consumption of water on the basis of meter reading deducting water charges remitted by the complainant without claiming any penal interest was not complied by the opposite parties. But in Ext.A8 the complainant has not mentioned that order. The complainant filed execution petition for new prayer.
Section 27(1) of the Consumer Protection Act states that where a trader or a person against whom a complaint is made (or the complainant) fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person (or complainant) shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both.
In the present case the complainant filed execution petition stating that the water connection is reconnect, water giving without breaking, cancel the bill No.184 dated 10/3/12. Meter reading is taking regularly and refund an amount of Rs.5,605/- as excess collected from him. The prayer in the execution petition filed by the complainant is against the order in CC 176/2010. So the execution petition returned for clearing defects. Thereafter the complainant has not filed execution petition with curing the defects. As per Ext.A6 bill dated 10/3/2012 the opposite parties issued the bill from 4/3/2011 to 29/02/2012 alongwith arrears upto 2/2012. In short the opposite parties paid the compensation alongwith cost of Rs.5,605/- and issued a bill dated 10/3/2012. Hence the opposite parties complied the order in CC 176/2010.
Issues No.2 & 3
Admittedly the opposite parties paid Rs.5,665/- as compensation to complainant on 23/2/2011. Thereafter on 15/03/2012 the opposite parties issued the bill dated 10/3/2012 marked as Ext.A6. In Ext.A6 mentioned the arrears upto 2/2012 is Rs.5,294/- and adjustment of Rs.880/-. Also Ext.A6 bill issued from 4/3/2011 to 29/2/2012 and mentioned monthly charge is Rs.827/-.
According to the complainant Rs.189/- is the water charge. It is evident from Ext.A3 that Rs.189/- fixed as the water charge per month. As per Section 13 (B) of the Kerala Water Supply Regulation the opposite parties had taken the meter reading in the subsequent six months to the last period. But the opposite parties had not produced any document to show that they had taken the meter reading in the subsequent six months to the last period.
As per Ext.A1 the opposite parties filed version and stated that verified from the personnel ledger of the complainant, it is noticed that the payment made on 28/6/2010 is not deducted from the demand notice. It is happened due to the computer error and the complainant is bound to pay an amount of Rs.4,035/-. In Ext.A6 dated 10/3/2012 shows that the total arrears is Rs.6,174/- and the monthly charge is Rs.827/-. But the opposite parties had not filed version and affidavit. Also the opposite party had not produced evidence to show the meter readings of the complainant and calculation statement.
As per Ext.A7 the complainant and his daughter purchased water from Das & Das for an amount of Rs.1,050/- (Rs.550 + Rs.500). According to the complainant the water got not regularly. Also the complainant stated that the water connection was disconnected by the opposite parties. No documentary evidence produced by both parties to show that when the water connection was disconnected. As per the Kerala Water Supply Regulation Act if the water charges was not paid the opposite parties had the right to disconnect the water connection after issuing the notice.
As per Ext.A6 on the back side mentioned that instruction to the consumer
1. Non payment of these amounts within the due date will entail penal charges and / or disconnection without further notice as per KWA regulation.
The opposite parties issued the bill dated 10/3/2012 as Ext.A6 with the monthly charges and arrears for an amount of Rs.7001/- But the complainant has not paid the amount and opposite parties disconnected the water connection. The complainant has not produced evidence to show that notice given to opposite parties regarding the adjustment and the amounts claimed in Ext.A6 bill.
The opposite parties had not produced evidence to show that the reason for not giving water regularly to the complainant. As per Ext.A7 in the month of February and March 2012 the complainant purchased the water. No contradictory evidence produced by the opposite parties. Also the opposite parties had not produced evidence to show that how they claimed the amount in Ext.A6.
In the above discussions we are of the view that there is 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.1,000/-(Rupees One thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings.
Also directed the opposite parties to cancel the Ext.A6 bill dated 10/3/2010 and issue a fresh bill alongwith detailed calculation statement without claiming interest within 15 days from the date of receipt of order, failing which the opposite parties are liable to pay an amount of Rs.10,000/-, to the complainant.
Order shall be complied within two months 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 17th day of November 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 – Copy of Order of CDRF, Palakkad dated 27/7/11
Ext.A2 – Copy of Order of CDRC, dated 5/11/11
Ext.A3 – Provisional Invoice Card issued by Kerala Water Authority
Ext.A4 – Copy of complaint sent by the complainant to the opposite party dated
24/1/11
Ext.A5 - Copy of complaint sent by the complainant to the opposite party dated
07/2/2012
Ext.A6 – Bill dated 30/3/12 issued by Kerala Water Authority
Ext.A7 – Bill dated 3/3/12 & 25/2/12 issued by Das & Das Water Supply
Ext.A8 – Copy of EP returned for clearing defects.
Exhibits marked on the side of the Opposite party
Nil
Cost
Rs.1,000/- allowed as cost of proceedings
