DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 30^th  day of April 2018

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                 Date of filing:  16/06/2017

              : Sri.V.P.Anantha Narayanan, Member

(C.C.No.96/2017)

A.K.Krishnakurup,

S/o M.K.Krishnan,

Kalarikkal Veedu,

Mezhathur (PO),

Palakkad – 679 534.                                                                   -        Complainant

(By Adv.Sobhana.T)

 V/s

1.  Assistant Executive Engineer,                                        -        Opposite parties

     Kerala Water Authority, P.H.Section,

     Guruvayur, Thrissur, Kerala.

2.  Assistant Executive Engineer,

    Kerala Water Authority, P.H.Section,

    Thrithala, Palakkad, Kerala.

(By Adv.Stanley James)

                                                          O R D E R

By Sri. V.P.Anantha Narayanan, Member

          Briefly the case of the complainant is narrated as follows.

    Complainant is a consumer of Kerala Water Authority, P.H Section, Thrithala with consumer No-1215/TLA and is also a senior citizen cum pensioner.  The complainant was consuming water on the above mentioned consumer number from April 17, 2006 and was remitting promptly the amount fixed by the Kerala Water Authority; the receipt for the amount paid by him was also received from Kerala Water Authority and kept by him.  Complainant pleads that in December 2016 also bill amount was paid as per Kerala Water Authority’s instruction and receipt therefore was kept by him.  But, when the complainant went to Kerala Water Authority’s office to remit the water bill for 2017, he got the information from that office that he had to pay excess water charge of Rs.1,21,241/- demanded from him the Kerala Water Authority and he was also told that if the same amount was not paid on the date fixed by Kerala Water Authority, water supply to the complainant would be suspended.  According to the complainant, a notice to this effect was received by him from the opposite party on 15.02.2017.  And another notice also came to him on 08.03.17 in which opposite party stated that from 9/09 to 2/17 excess water charge plus fine which amounted to Rs.1,21,241/- should be paid within 7 days; if not paid, without notice complainant’s service connection would be disconnected and through revenue recovery procedure the above stated amount would be recovered.  According to the complainant, this notice caused to him much difficulty and mental agony which was because of irresponsible act of the opposite party.  Then, on 03.05.17, a letter was given to the opposite party requesting for cancelling the excess bill amount, but no consideration was given by the opposite party to the complainant.  Complainant pleads that opposite parties reply dated.09.05.17 was unlawful.  Complainant has been paying the bill amount as per Kerala Water Authority’s instruction and has been going to Kerala Water Authority office to pay each bill amount.  According to the complainant, on no previous occasion, complainant was informed about the excess bill; the opposite party did not comply conditions of Kerala Water Authority and committed deficiency in service.  Being a pensioner, complainant cannot mobilise this huge excess bill amount; the opposite party’s notice to the complainant to suspend his water supply is a human right violation and an illegal act.  The complainant had to approach this Forum because of deficiency in service and irresponsible act on the side of the opposite party.  Hence, complainant prays to the Hon’ble Forum to direct the opposite party to exempt the complainant from payment of the excess bill amount of Rs.1,21,241/-, to compensate the complainant to the extent of Rs.1,00,000/- for financial difficulties and loss suffered by him and to pay Rs.1,00,000/- to the complainant towards mental agony suffered by him and to meet the cost of proceedings met by the complainant. 

          The complaint was admitted and notices were sent to 1^st & 2^nd opposite parties to enter appearance and file versions.  Although notice to 2^nd opposite party also was served, his name called absent and hence he was set ex-parte.  In the version filed by the 1^st opposite party, he contends that except those specifically admitted, this opposite party denies the remaining matters.  This complaint is not legally maintainable; in the Thrithala section of Kerala Water Authority, there is no officer mentioned in the complaint as the 2^nd opposite party.  This opposite party also contends that to the complainant as per consumer No.1215/TLA a domestic drinking water connection was given on 17.04.2006 from Kerala Water Authority Thrithala section and he was promptly paying the minimum rate of water tax upto 15.12.2016.  Opposite party further contends that in this connection on 14.09.2009 the reading was 119 kilo liters.  The next reading was taken on 18.01.2014 with reading of 3692 kilo liters.  As per the reading, from 09/09 to 01/2014 during the 53 months period for 67 kilo liters @ Rs.817/-, Rs.43,301/- was the water charge, after deducting from Rs.43,301/-, the already paid amount of Rs.1,166/- (@ Rs.22/-), the balance of arrear amount  was Rs.42,135/- which was in arrears upto 01/14, contended by the opposite parties.  After this, the readings and consumption were stated by the 1^st opposite party.  According to 1^st opposite party, total amount payable upto 2/17 was Rs.1,21,241/-; since complainant did not pay the arrear amount of Rs.1,21,241/- and water tax of Rs.609/, one more notice was sent to the complainant on 08.03.2017 to remit Rs.1,21,850/- (Rupees one lakh twenty one thousand eight hundred and fifty only) (Rs.1,21,241/- + Rs.609/-).  Opposite party contends that he has done only his duty as a responsible official with no intention to create mental tension and difficulties to the complainant.  Opposite party further contends that since he has no authority to increase or to decrease the amount payable by the complainant, the request letter given by the complainant on 03.05.2017 could not be considered.  Although complainant was informed to remit the amount, after 12/16 complainant was not prepared to remit the amount.  According to the opposite party, in this matter no lapse or no dereliction of duty has occurred on the part of Kerala Water Authority officials.  Hence opposite party prays to the Hon’ble Forum to dismiss the complaint. 

          Notice to 2^nd opposite party served, their name called absent and they were set ex-parte.  Complainant filed chief affidavit, so also 1^st opposite party.  This issue was referred for mediation but it was not settled.  From the side of the complainant Exts.A1 to A7 were marked and on the side of the opposite parties Ext.B1 series were marked.  Complainant and opposite party were heard. 

            The issues arising in this case are.

1. Whether there is any deficiency in service and/or unfair trade practice from the part of the opposite parties ?
2. If so, whether the complainant is entitled to any relief and cost?

Issues 1 & 2

The complainant is a consumer of Thrithala Office of Kerala Water Authority with consumer No.1215/TLA.  He was sanctioned domestic water connection from April 17, 2006 and was paying correctly the bill amount and keeping its receipt.  When the complainant went to Water Authority office to remit water bill for 2017, he was instructed to pay excess bill amount of Rs.1,21,241/-.  A notice dated.15.02.2017 was also given to him which was marked as Ext.A1 which indicates that complainant by way of water charge from 1/2010 to 2/2017 is liable to pay Rs.1,21,241/- before 23.02.2017 and receipt has to be obtained.  Again, another notice dated.08.03.2017 was received from the opposite party.  This notice was marked as Ext.A2 which shows complainant’s consumer number and states that towards water consumed from 09/09 to 02/17 excess water charge plus fine amounting to Rs.1,21,241/- was in arrears and this amount should be paid within 7 days of the receipt of this notice; if not, without further notice complainant’s water connection would be disconnected and through Revenue Recovery procedure, this amount would be recovered.  On 03.05.2017 a letter was given by the complainant to the 1^st opposite party requesting him to exempt the complainant from payment of the huge excess water charge demanded as per notices dated.15.02.2017 and 08.03.2017 of the opposite parties; this letter was marked as Ext.A5.  The provisional invoice card marked as Ext.A3 indicates that complainant remitted water charge amount on different dates; the meter reading card of Kerala Water Authority vide Ext.A4 which also indicates that, meter readings were taken on 14.09.2009 and 16.02.2017.  According to the complainant, Kerala Water Authority has not given him advance intimation about the excess bill and hence it amounted to deficiency in service on the part of opposite party and also caused much mental agony to the complainant.  The opposite party also sent a letter dated.09.05.2017 marked as Ext.A6 to the complainant which indicates complainant’s consumer number, month of receiving connection, meter readings on different dates etc.  The complainant has produced receipts issued by Kerala Water Authority for water charges paid by the complainant on different dates and these receipts are marked as Ext.A7 series. 

In his version 1^st opposite party contends that the complainant is a consumer of Kerala Water Authority, Thrithala with consumer No.1215/TLA which is a domestic connection given on 07.04.2006, initial water charge was fixed as Rs.22/- per month and the complainant paid in advance the provisional minimum water charge amount till 15.12.2016.  The reading in the above connection on 14.09.2009 was 119 kilo liters but on 08.01.2014 it was Rs.3,692/- kilo liters.  The average consumption during the period of 53 months was 67 kilo liters per month and the slab for the same shall be Rs.417/- and water charges will be Rs.43,301/- and after deducting Rs.1,166/- paid by the complainant as provisional minimum charge for the period, water charges to be paid by the complainant would be Rs.42,135/-.  In the consumer ledger marked as Ext.B1 series, disconnection details, last reading, reading date, consumer number, name and address of the consumer, reading details, payment details, initial reading etc. are shown.  According to the opposite party, as on 02.02.2017, complainant is liable to pay an amount of Rs.1,21,241/- and a notice mentioning the same was issued to the complainant on 15.02.2017.  Since the complainant did not pay this amount, another notice dated.08.03.2017 for Rs.1,21,850/- was issued to the complainant which includes the water charge of Rs.609/- for the 1^st two months of 2017.  Hence, according to the opposite party, there is no deficiency in service from their part and they did not cause any mental agony to the complainant.  The bills and notices sent by the opposite parties are legal and therefore the connection was disconnected due to nonpayment of the bills and arrears. 

     From the affidavits and other documentary evidences produced before this Forum, we observe that after 14.09.2009, meter reading was taken on complainant’s water connection by the opposite parties only on 16.02.2017 which constitutes negligence on the part of opposite parties.  Further, we also understand that complainant promptly paid provisional minimum water charges on his water connection till 15.12.2016 which is also admitted by the opposite parties.  We also view that, the opposite parties have issued a notice only on 15.02.2017 intimating the complainant of his excess water consumption between 01/2010 and 02/2017, his having to pay excess water charge of Rs.1,21,241/- (Rupees one lakh twenty one thousand two hundred and forty one only) and suspension of water supply to the complainant, if Rs.1,21,241/- was not paid on or before 23.02.2017/- which shows a grave deficiency in service and unfair trade practice on the part of the opposite parties.  Hence, we view that the aforesaid acts on the part of the opposite parties are found to have caused immense mental agony to the senior citizen cum pensioner complainant. 

Under the above circumstances the complaint is partly allowed. 

We direct the opposite party to grant to the complainant the facility of paying the huge excess water charge of Rs.1,21,241/- (Rupees one lakh twenty one thousand two hundred and forty one only) levied on him in 10 equal monthly instalments; 1^st & 2^nd opposite parties are also ordered to be jointly and severally liable to pay to the complainant a compensation of Rs.5,000/- (Rupees five thousand only) for mental agony suffered by him; also opposite parties are jointly and severally directed to pay to the complainant Rs.2,000/- (Rupees two thousand only) towards the cost of proceedings met by him.            

This order shall be executed within one month from the date of this order; otherwise complainant is also entitled to interest at 9% p.a on the total amount due to him from the date of this order till realization. 

Pronounced in the open court on this the 30^th day of April 2018.

        Sd/-

                  Shiny.P.R

                   President 

                        Sd/-        

                   Suma.K.P

                    Member

          Sd/-

    V.P.Anantha Narayanan

                    Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          -  Original Notice issued by Assistant Engineer, Kerala Water Authority to the

              complainant dated.15.02.2017

Ext.A2          -  Original notice dated.08.03.2017 issued by Assistant Engineer, Kerala Water

              Authority to the complainant

Ext.A3          -  Original Provisional Invoice Card issued by Assistant Engineer, Kerala Water

             Authority to the complainant

Ext.A4          -  Original Meter Reading Card issued by Assistant Engineer, Kerala Water

             Authority to the complainant

Ext.A5          -  Request letter sent by complainant to the Assistant Executive

             Engineer, Kerala Water Authority, P.H.Section, Guruvayur for a favourable

             step

Ext.A6          -  Reply given by the Assistant Executive Engineer  to the complainant’s letter

Ext.A7 series -  Original receipts issued by Kerala Water Authority to the complainant

                      for water, sewer, maintenance charges paid by the complainant to

                       Kerala Water Authority on various dates

Exhibits marked on the side of Opposite parties

Ext.B1 series  -  Various pages of consumer ledger of the complainant maintained by

                       the opposite parties

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost

          Rs.2,000/-