By Smt.Padmini Sudheesh, President :
The case of complainant is that the complainant is a High School represented by Manager and is a consumer of respondents as holds water connection. The respondents had issued a notice dated 27/10/06 demanding to pay Rs.50,751/-. It was issued by stating arrear balance upto 2/05. There are no readings and no details in the bill. The water is not available from this connection for a long period. Later the respondents issued another notice dated 24/3/08 demanding Rs.1,05,597/-. The bill is illegal and time barred. Hence the complaint.
2. The version averments in brief are that the complainant is a chronic defaulter. But water was used sufficiently. There is no complaint on the part of complainant that water is not available. There is no application requesting disconnection of water supply. There is no allegation of fraud on the part of respondents. There is no limitation at all because the account is running. The complainant was served with arrear notice for Rs.50,751/-. But he has not remitted any amount towards the same. Hence on 24/3/08 a bill was issued and notice was also issued for initiating RR action. There was no deficiency in service from these respondents. Hence dismiss.
3. Points for consideration are that :
1) Whether there was any deficiency in service committed by respondents?
2) If so reliefs and costs ?
4. Evidence consists of oral testimony of PW1, Exhibits P1,P2 and Exhibit R1.
5. Points: Exhibit P1 is arrear notice issued by water authority to the complainant institution for Rs.50,751/-. It is stated that arrear balance upto 2/05. Even if there are several columns stated like free allowance per month, period of billing, present reading, previous reading etc. there is no filling of these columns. Several columns are remaining blank. There is only the recording as arrear balance upto 2/05 – Rs.50,751/-. So it can be considered that the bill is illegal. The consumer is bound to know the details of amount to be remitted and the other details also. The act of respondents is a deficiency in service on the part of respondents.
6. Exhibit P2 is the copy of RR notice by which the consumer was wanted to pay Rs.1,05,597/- as arrear towards water charges. Since Exhibit P1 is found illegal, Exhibit P2 will also become illegal. There is no attempt on the part of respondents to explain and establish the impugned notices.
7. Exhibit R1 is marked by water authority and the marking seriously opposed by complainant. According to him it cannot be marked without going through the reading records. But the document was marked subject proof. There is no proof adduced additionally. Exhibit R1 is vague and it is recorded that disconnected on 2/05. If that be so what is the validity of Exhibit P1 amount should be explained by water authority. It is not done. There is serious default on the part of water authority in establishing their case. In this circumstance it is found that Exhibits P1 and P2 are illegal and liable to be dismissed.
8. In the result Exhibits P1 and P2 stand cancelled.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 3rd day of March 2014.
