By Sri.M.P.Chandrakumar, Member :
The complainant, aged 73 ,living with his wife , is a consumer of the opposite party, the consumer no being 150/KVM (VMR 150/D). After obtaining connection from July 2005, the complainant is remitting all the bills in time. According to the complainant, as per rule, the opposite parties are bound to take meter reading once in a month and issue bill to consumers. But, as against this, the opposite parties are taking meter reading as per their will and pleasure and giving bills. The case of the complainant is that at present, he has been issued with a bill dated 30-01-18 for Rs.29597/-. Even though the complainant approached the opposite parties and asked about the issue of the bill to him, who has remitted all bills in time, there was no reply. When the complainant questioned the bill, the opposite parties replied that they are willing to reduce Rs.2500/-. According to the complainant, the bill is illegal. The detail of the bill has not been provided to him. The bill has caused great mental problem to him. The complainant has given the details of the dates of the bills issued to him from the date of connection, the amounts remitted as per the bills and also the date of receipt no’s. According to the complainant, the non- providing of the bills in time is deficiency of service. Hence the complaint filed with prayers to cancel the bill, to direct the opposite parties not to effect disconnection and also to sanction compensation and costs.
2.In the version filed, the opposite party states that the complainant is having liberty to remit minimum charges every month and water charges according to consumption of water upon meter reading. The meter readings, consumption, water charges, bills and notices issued, remittance details, person to whom water connection belongs to and category of water connection etc can be proved by the consumer personal ledger, maintained by the office of the opposite party. Every consumer is, at liberty, to avail copy of the consumer personal register by payment of the prescribed fees. The consumer has never disputed the availability of water. Hence, consumption is admitted. Since the account of the complainant , maintained by the office of the opposite party is a running account , the problem of limitation does not arise. The opposite party has replied to the complaint of the consumer, by stating the real facts and circumstances. The consumer is well aware of the arrear amount to be remitted by him, before the filing of the complaint. Since the gate was locked for a long period, the water meter of the complainant was not visible to the officials of the opposite party to record reading for a long period. The consumer is having every liability to remit the arrears of water charges. The opposite party has not created any difficulties to the complainant, as averred in the complaint. There is no deficiency of service on the part of the opposite party. Hence 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 OP1.The complainant has filed evidences marked as Ext. P1 to P6 whereas the opposite party has marked the copy of the consumer personal ledger as Ext. R1. Ext. P1 is the consumer meter card; Ext. P2 is the provisional invoice card; Ext. P3 series consists of 12 remittance receipts; Ext. P4 consists of 4 remittance receipts ; Ext. P5 is the bill dated 29-03-17; Ext. p6 is the bill dated 30-01-18 for Rs.29597/-
5.The argument of the complainant is that ‘’ കൃത്യമായി തുക അടച്ചുപോന്ന എനിക്ക് എങ്ങനെ ഇത്രയധികം രൂപയുടെ ബില് വന്നു എന്ന ചോദ്യത്തിന് എതിര്കക്ഷികള്ക്ക് യാതൊരുവിധ മറുപടിയും ഇല്ല....................യാതൊരുവിധ ന്യായീകരണം ഇല്ലാതെയും ഒരു വിശദീകരണം ഇല്ലാതെയും ആണ് എനിക്ക് 29597/- രൂപയുടെ ബില് തന്നിരിക്കുന്നത്.73 വയസ്സായ എനിക്ക് ഈ കാലഘട്ടത്തില് മാനസികമായി എന്നേ ബുദ്ധിമുട്ടിച്ചു പണം ഈടാക്കുവാനാണ് ഇവര് ശ്രമിക്കുന്നത്’’
6.The argument of the complainant being as above, the forum has studied the entire details of the case with the available records and has the following observations
1. Ext.P6, the disputed bill contains no details as to the period of the bill, the reason for the issue of such a bulk amount bill, the meter reading etc. The forum is of the view that a bill issued to a customer should be explanatory, containing at least the above details.
2. Ext. P1, the consumer meter card is a document, kept at the premises of the customer for the meter reader to record the details of meter reading and thereby the consumption. .However, meter reading details are not seen recorded in Ext.P1, thereby denying facility for the forum to get a detailed analysis of the energy consumption by the customer.
3. Ext.P2, the provisional invoice card is a document, which is ought to contain the details of remittance by the customer. However, the document is seen completed only up to 11/15.This is also incomplete, since the complainant has produced remittance receipts up to 30-3-2017.Since the complainant is of the argument that he has remitted all the bill amounts in time, the details as per the completed card was very important.
4. On going through the copy of the consumer personal ledger– Demand portion-, it is seen that an amount of Rs.28816/- is shown as EXCESS/SHORTFALL on 26-05-2017 and an amount of Rs.29112/- has been entered as DEMAND as on 28-09-2017.On the other hand, an amount of Rs.29597/- is shown as additional amount in Ext. P6 –Demand cum Disconnection notice dated 30-01-18. The reasons for the same have not been explained.
7. Considering all the above, the complaint is allowed. Ext. P6 bill is cancelled. An amount of Rs.2000/-(Rupees Two thousand only) is sanctioned as compensation and costs to the complainant, to be adjusted in the future bills.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of October 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits
Ext.P1 consumer meter card;
Ext.P2 provisional invoice card;
Ext.P3 series - 12 remittance receipts;
Ext. P4 - 4 remittance receipts ;
Ext. P5 Bill dated 29-03-17;
Ext. p6 Bill dated 30-01-18 for Rs.29597/-
Opposite parties Exhibit
Ext.R1 copy of the consumer personal ledger
Id/-
Member
