BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 02/01/2013

Date of Order : 04/01/2014

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 5/2013

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :-

The complainant availed a water connection from the opposite party. On 21-07-2012, the opposite party issued an exorbitant bill to the tune of Rs. 23,873/-. The average monthly consumption of water by the complainant is only 20 KL. The bill under challenge has been issued for 6 months and 25 days. The opposite party failed to take the meter readings bimonthly. Though the complainant submitted a complaint before the Executive Engineer against the disputed bill, action has not been taken. Thus, the complainant is before us seeking an order to get the bill in question set aside and also seeking a direction to issue water charge bills bimonthly.

2. The version of the opposite party is as follows :-

The bill dated 21-07-2012 was issued on the basis of actual meter reading. The present water meter was fixed on 05-09-2011. The average consumption of water is calculated on the basis of the meter reading. The average consumption of the complainant for the period from 05-09-2011 to 18-11-2011 was 33.7 KL per month, for the period from 19-11-2011 to 07-07-2012, it was 173.9 KL per month. It was reduced to 17.7 KL for the period from 08-06-2012 to 01-02-2013. The excess meter reading for the period from 18-11-2011 to 07-06-2012 may have been due to the taking of water by using mechanical devices or water leak after the meter point. If the long average consumption is taken the monthly consumption is 80.64 KL and the complainant is liable to pay Rs. 18,594/- upto February 2013. There is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3. No oral evidence was adduced by the complainant. Exts. A1 to A11 were marked on his side. Neither oral nor documentary evidence was adduced by the opposite party. Ext. X1 also was marked. Heard the complainant who appeared in person and the learned standing counsel for the opposite party.

4. The points that came up for consideration are as follows :-

1. Whether the complainant is liable to pay the amount as per the impugned bill?

2. Whether the opposite party is liable to issue water charge bills bimonthly?

5. Point No. i. :- Exts. A1 and A3 to A11 are water charge bills issued by the opposite party to the complainant. The details of Exts. A1 and A3 to A11 are as follows :-

6. Admittedly, the water meter of the complainant was replaced on 05-09-2011. At the instance of the complainant, vide order in I.A. No. 01/2013 the opposite party produced the copy of consumer ledger which was marked as Ext. X1. As per Ext. X1, the consumption of water by the complainant after the replacement of the meter is as under.

7. It is evident from Ext. X1, there is a sudden unexplainable spurt in reading from 83 KL on 18-11-2011 to 1238 KL on 07-06-2012. Neither party did raise any objection regarding the consumption of water prior to or after the sudden change in the water meter reading on 07-06-2012. Considering the reading in Ext. X1, we cannot come to a conclusion that the complainant had used such a huge quantity of water during the relevant period which seems to be unreasonable, especially since the average consumption of water is usually 30 KL per month approximately. The sudden spurt in the water meter reading cannot be blamed on the complainant for reasons unexplained. We are of the firm view that this anomaly is to be corrected in the interest of justice.

8. To set thing right, we pass the following order :-

1. We set aside the impugned bill.

2. The opposite party is directed to issue a fresh bill (treating the monthly consumption of water by the complainant at 30 KL) for the period from 18-11-2011 to 07-06-2012 within a period of 30 days from the date of receipt of a copy of this order.

3. It is made clear that the complainant is liable to pay water charges as per the reading, since 07-06-2012 onwards.

4. The order in I.A. No. 01/2013 is made absolute.

5. The complainant is directed to take steps to get the water connection transferred in his favour within 6 months from the date of receipt of a copy of this order.

The order shall be complied with, in line with the above directions.

Pronounced in the open Forum on this the 4^th day of January 2014.

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/- V.K. Beena Kumari, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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