DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 31st day of October 2009.

 Present : Smt. H. Seena, President

: Smt. Preetha.G. Nair (Member)

: Smt. Bhanumathi.A.K. (Member)

C.C.No.66/2008

T. Parukutty

W/o. Chami Gupthan

House No.9/116

' Anjali'

Panayampadam

Karimba Village

Mannarkkad Taluk

Palakkad.

(Adv.K.R. Kochunarayanan) - Complainant

V/s

The Assistant Executive Engineer

Kerala Water Authority

P H Sub Division

Mannarkkad - Opposite party

(Adv K. Raghu )

O R D E R

By Smt. Preetha.G. Nair, Member

The complainant is a consumer of the opposite party. The complainant need to pay Rs.22/- per month as water charges as per the provisional invoice card issued by the opposite party. On 07/01/2008, the complainant was served with a bill for Rs.21,904/- towards water charges for the period 06/12/2004 to 28/12/2007. The monthly charge was shown as Rs.614/-. On 27/11/2007 the opposite party issued excess bill for Rs.535/- to the complainant for the year 2006-2007. After the payment of this excess bill for Rs.535/-, complainant had sent one registered letter to opposite party for disconnecting the water connection. But the opposite party has not responded for the letter. The opposite party issued another bill dated 07/01/2008 to the complainant. The opposite party without any basis issued two excess bills to complainant. Thereafter the complainant issued lawyer notice dated 25/02/2008 to the opposite party. Then the opposite party send an irresponsible reply without containing any data produced by complainant. According to the complainant the officer or staff in the opposite party office has not come to the house of

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the complainant as on the dates mentioned in the excess bill. Also the meter readings were not recorded in the provisional invoice card. Further the complainant states that as per the reading the water used in the summer season is very low and during the rainy season water consumption seems to be high. Hence the meter reading shown by the opposite party has no evidentiary value to adjudicate the dispute. The opposite party issued excess bill against the complainant on 07/01/2008. Hence the complaint filed for getting compensation of Rs.5,000/- from opposite party and to cancel excess bill.

The opposite party filed version stating the following contentions. The complainant as a consumer has paid the minimum water charges of Rs.22/- per month fixed by the provisional invoice card. The complainant failed to remit the minimum water charges of Rs.22/- from 4/06 to 11/07. So the opposite party has send the notice for due amount of Rs.535/-. The opposite party has issued the excess bills as per the meter reading. The opposite party denied the say of the complainant that he had paid the excess bill on 17/12/2007 and thereafter issued another bill dated 07/01/2008 without any basis. According to opposite party a new meter was installed on 06/12/2004. Thereafter the meter reading of water issued by the complainant is as follows.

06/12/2004 – 0.500 KL

06/06/2006 – 1280 KL

06/12/2006 – 1475 KL

16/06/2007 – 3834 KL

22/12/2007 – 3909 KL

An amount of Rs.21,904/- for 3909 KL of water for the period 06/12/04 to 22/12/07. Further the say of the opposite party is that the meter readings were taken time to time as mentioned in the ledger. Complainant used 3909 KL water from 06/12/04 to 22/12/07. The complainant has paid Rs.814/- as minimum water charges. In short the excess amount was Rs.21,904/- is as per the meter readings. The opposite party denied that water leakage was shown in the meter during the period from 06/12/2006 to 16/06/2007. The opposite party stated that the repairing of the meter was done by the complainant under her expense. Also the opposite party stated that on 06/12/2004, 06/06/2006, 06/12/2006, 16/06/2007

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and 22/12/2007 the opposite party has taken the meter reading and mentioned in the ledger. But all the meter readings are not stated in the card because the non production of the card. Hence the opposite party claimed that the complaint is to be dismissed with compensatory cost of Rs.5,000/- to the opposite party.

Complainant filed affidavit and documents. Exhibit A1 to A8 marked on the side of the complainant. Opposite party also filed affidavit and documents. Exhibit B1 to B2 marked on the side of opposite party. Matter was heard

Issues to be considered are:

1. Whether there is any deficiency in service on the part of opposite party?

2. If so, what is the relief and cost?

Issues I & II

We perused relevant documents on record. The facts and available records would show that there was negligence on the part of the complainant in making payment towards the water charges due under the provisional invoice card. It is to be noted that Exhibit A4 bill is issued on the basis of the meter reading. No doubt about the fact that the complainant is bound to pay minimum water charges. But here in the disputed bill the rate is shown as Rs.614/- per month. Clause (d) of the Kerala Water Regulation 13 prescribes the mode to be adopted in the case the water charges are revised under clause (b) and C of regulation 13 . It is also stipulated that the adjustment bill in Form No. IX shall be issued once in every six months to the consumer. In the present case no such adjustment bill have been issued to the consumer. The issuance of Exhibit A4 bill claiming a sum of Rs.21,904/- as arrears shows the failure on the part of the opposite party to act as per rules . As per provisional invoice card the complainant is bound to pay Rs.22/- per month. The excess bill issued to the complainant for a period 06/12/2004 to 28/12/2007 as per Exhibit A4. The opposite party did not produce any evidence regarding the change of charges . According to Exhibit A4 bill the charge of water has been changed Rs.22/- to Rs.614/-. But that was not proved. It is well settled law that pleadings are not evidence much less proof.

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No evidence has been produced from the side of the opposite party to show that all meter readings are taken at the intervals of six months and issued to the complainant. According to Exhibit B1, the meter readings are taken on 06/12/2004, 06/06/2006, 16/12/2006, 16/06/2007, 22/12/2007. The opposite party has taken the Ist meter reading on 06/12/2004 and after 18 months the second meter reading was taken on 06/06/2006. Inshort there was delay in taking the meter reading.

We find that Exhibit A4 is the detailed bill where in the rate and excess water consumed are noted. The counsel for the opposite party has produced the meter reading register before the Forum. The same tallied with the billing in Exhibit A4 disputed bills. The readings are also noted in the meter reading register. Of course there is delay in taking the meter readings. Hence there is deficiency in this regard. All the same the complainant is liable to pay for the water consumed.

In view of the above circumstances we hold the view that there is deficiency in service on the part of opposite party., Hence the complaint partly allowed. We direct the opposite party to pay an amount of Rs.5,000/- as compensation and Rs.1,000/- as cost to the complainant. Cost and compensation as ordered above can be adjusted in Exhibit A4 bill. Opposite party is directed to provide instalment facility for atleast three months for the payment of the bill amount.

Pronounced in the open court on this the 31st day of October, 2009

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

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APPENDIX

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

1. Ext. A1 – Letter from Assistant Executive Engineer dated 27/11/2007 of Consumer No.28/MKD

2. Ext. A2 - Provisional Invoice card of Kerala Water Authority

3. Ext A3 - Receipt No.122708 dated 06/12/2004

4. Ext. A4 – Bill No.462 dated 07/01/208

5. Ext. A5 – Acknowledgement card and copy of letter dated 28/01/2008

6. Ext. A6 - Copy of Lawyer notice dated 25/02/2008

7. Ext .A7 - Reply to Lawyer notice

8. Ext. A8 series – Receipt No. 264085 dated 17.12.07 and Receipt No.264086 dated 17.12.07

Exhibits marked on the side of the Opposite Party

1. Ext. B1 - Copy of Consumer Personal Ledger of Kerala Water Authority

2. Ext. B2 - Copy of Bill No. 462 of Kerala Water Authority

Forums Exhibits

Nil

Cost (allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings