Kerala

Trissur

CC/19/156

P.K.Sabaida - Complainant(s)

Versus

Asst Ex Engineer water work Sub Division - Opp.Party(s)

Adv.A.D.Benny

26 Dec 2019

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/19/156
( Date of Filing : 18 Mar 2019 )
 
1. P.K.Sabaida
-
...........Complainant(s)
Versus
1. Asst Ex Engineer water work Sub Division
-
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. P.K.Sasi PRESIDENT
 HON'BLE MR. Dr.K.Radhakrishnan Nair MEMBER
 HON'BLE MRS. Sreeja.S MEMBER
 
For the Complainant:Adv.A.D.Benny, Advocate
For the Opp. Party:
Dated : 26 Dec 2019
Final Order / Judgement

                                        O R D E R

 

 By Smt. Sreeja S, Member

         

                   The complainant is a consumer of the Kerala Water Authority with Consumer ID No.3321130733. Since the complainant is residing at abroad, she is represented by her Power of attorney holder P.K. Muhammadali. 1st opposite party is the Executive Engineer of Water work Sub division KWA Thrissur. 2nd opposite party is the Kerala Water Authority represented by its Managing Director, Thiruvananthapuram.

                   2. The opposite party issued a bill dated 14.09.2018 for an amount of Rs.1344/- (Rupees One Thousand three hundred and forty-four Only)  and meter reading was 2570. Thereafter bill dated 17.11.2018 has been issued to her showing the meter reading as NC and by monthly usage of 388KL for which the amount to be paid is Rs.65445/-(Rupees Sixty Five thousand Four hundred and forty four Only). It is also alleged that the said bill has a prior entry for Rs.62,844/-(Rupees Sixty two thousand eight hundred and forty four Only) which has been cancelled and the above amount entered. Water charge also  cancelled and fresh entry of Rs.12920/-(Rupees Twelve Thousand nine hundred and twenty Only)  entered. There after the complainant raised a complaint before the opposite parties which yield no result. Things being so an another bill dated 10.01.19 has been issued entering a reading of 2691 for which the amount to be paid Rs.78358/-(Rupees Seventy Eight Thousand and Three hundred and Fifty Eight Only). It is alleged that all the above bills are baseless, even though complainant issued lawyer notice dated 13.02.16, no response was there from the opposite parties.

                   3. On receiving the complaint notice was properly served to the opposite parties and all opposite parties remained absent and they were set exparte and posted for complainant’s evidence.

                   4. From the side of the complainant, proof affidavit filed and 5 documents produced were marked as Exts. P1 to P5. Ext. P1 is the bill dated 14.09.18. Ext.P2 is the bill dated 17.11.2018, Ext.P3 is the bill dated 10.01.19, Ext.P4 is the lawyer notice and Ext.P5 is the Acknowledgement card. Exts. P2 to P3 show that inordinate amount has been shown and hand written corrections are made. Since there is no contra evidence available, it is only to be concluded that Exts. P2 & P3 are issued without any basis. Ext.P4 is the lawyer notice issued to the opposite parties and Ext.P5 is the A/D card for the same. We have gone through the proof affidavit and Exts.P1 to P5. Complainant filed proof affidavit filed in tune with the complaint and Exts.P2 &P3 would reveal that the same is issued without any basis. Exts. P4 and P5 would show that substantial notice has been issued regarding Exts.P1toP3. Therefore we are convinced that there is a deficiency of service happened on the part of the opposite parties.

                   5. In the result, Ext.P2 bill dated 17.11.18 and Ext.P3 bill dated 10.01.19 are here by cancelled and the opposite parties are hereby directed to pay cost of Rs.3,000/-(Rupees Three Thousand Only) within one month from the date of receiving the copy of this order.

 

                  

 

                   Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of December 2019.

 

Sd/-                             Sd/-                                    Sd/-

SreejaS.                     Dr.K.Radhakrishnan Nair   P.K.Sasi                    

Member                       Member                             President                                   

                                                Appendix

 

Complainant’s Exhibits                                 

Ext.P1 Bill dated 14.09.18.

Ext.P2 Bill dated 17.11.2018.

Ext.P3 Bill dated 10.01.19.

Ext.P4 Lawyer notice and

Ext.P5 Acknowledgement card

 

                                                                                Id/-

                                                                                      Member         

 
 
[HON'BLE MR. P.K.Sasi]
PRESIDENT
 
 
[HON'BLE MR. Dr.K.Radhakrishnan Nair]
MEMBER
 
 
[HON'BLE MRS. Sreeja.S]
MEMBER
 

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