By Smt. C.S. Sulekha Beevi, President,<br /> 1. According to complainant short assessment bill issued by opposite party dated, 25-03-2002 for Rs.5613/- for the period 1/2000 to 8/2000 is illegal. He prays for cancellation of the bill and compensation.<br /> 2. Opposite party filed version admitting the issuance of the bill. Opposite party contends that meter was faulty during the said period which was replaced on 11-8-2000. The bill issued is based on average consumption for succeeding three months after replacement of meter. Complainant is liable to pay the same.<br /> 3. Affidavit filed by complainant and Exts.A1 to A5 marked on his behalf. Opposite party has not filed any affidavit or documents. Ext.A1 is the disputed short assessment bill for Rs.5613/-. Ext.A2 are the details of calculation of the short assessment for the period from 1/2000 to 8/2000. Complainant was allowed to remit the amount by instalments as per Ext.A4. The receipt issued for payment of Rs.2900/- which is the1st instalment is Ext.A3. According to Opposite party meter was faulty and was replaced on 11-8-2000. Apart from the pleadings no evidence is adduced by opposite party that meter was faulty. Complainant was paying current charges regularly as per Provisional Invoice Card. From 01-01-2001 spot billing was introduced. There after Ext.A1 additional bill is issued by opposite party on 25-03-2003 for the period from 1/2000 to 8/2000 alleging meter was faulty. It is the duty of opposite party to maintain and check the meter. The same has to be replaced immediately when defect is noticed. Consumer cannot be penalised for the delay in replacing the meter. He was paying regular current charges as per Provisional Invoice Card issued to him which was the method prevailing at that time. For the above reasons, we find Ext.A1 bill is issued without any basis and complainant is not liable to pay the amount charged in Ext.A1 bill.<br /> 4. In the result, complaint allowed. Ext.A1 bill for Rs.5613/- dated, 25-03-2002 stands cancelled. Opposite party shall refund an amount of Rs.2900/- which has been already remitted towards Ext.A1 bill within three weeks from the date of receipt of copy of this order.<br /> Dated this 6th day of February, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A5<br /> Ext.A1 : Disputed short assessment bill for Rs.5613/-<br /> dated, 25-3-202. <br /> Ext.A2 : Details of calculation statement of the short assessment<br /> for the period from 1/2000 to 8/2000.<br /> Ext.A3 : Registered letter dated, 3-4-2002 sent by opposite party <br /> to complainant<br /> Ext.A4 : Proceedings dated, 30-4-2002 by opposite party to complainant.<br /> Ext.A5 : Receipt for Rs.2900/- dated, 30-4-2002 by opposite party <br /> to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />