DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 31st day of January 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 20/05/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.80/2017)
Innocent,
Valiya Veettil House,
Near Old Employment Exchange Road,
Shornur -1, 697 121. - Complainant
Vs
Assistant Executive Engineer,
Water Authority Office, Kerala,
Shornur- 1, 697 121 - Opposite party
(Adv.K,A.Stanly James)
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint.
Complainant submitted that the opposite party issued a bill dated 6-3-2017 for an amount of Rs.3,068/- to the complainant and he has remitted the same on 9-3-2017. The reading shown in the above bill is 2433 KL. But after two months the opposite party again issued another bill dated 05-05-2017 for an amount of Rs.3,482/- to the complainant. The reading shown in the disputed bill is 2484 KL. Complainant submitted that the 2nd bill issued by the opposite party is unjust, suspicious and liable to be set aside. Hence the complaint. Complainant prays for an order to set aside the 2nd bill dated 05-05-2017 and direct opposite party to pay Rs. 5,000/- as compensation for mental agony and cost of proceedings.
Complaint was admitted and notice was issued to opposite party. After accepting the notice opposite party entered appearance and filed version contending the following:-
The bill dated.06.03.2017 for an amount of Rs.3,068/- is the partial bill for the water consumed by the complainant between October 2015 to February 2017. As per the reading on September 2015 the slab issued for the complainant is of Rs.236/-. The bill dated.06.03.2017 was calculated on the said slab and the same was issued. The total bill during 10/2015 - 02/2017 is Rs.4,012/- and after deducting Rs.944/- the amount paid by the complainant on 27.02.2016 the said bill for Rs.3,068/- was issued. Later when the reading of the month of March 2017 was entered into the e-Bill system it is found that the consumer had consumed on an average 33.38 KL (2433-1857 = 576/17 months approx) of water during 10/15-02/2017 and hence his slab will be Rs.401+2 = Rs.403/- and not Rs.236/- which is the slab for consuming water less than 30 KL/month. The complainant is liable to pay Rs.167/- per month which is the difference in the amount of Rs.3,482/- including the difference/balance amount for 18 months to be paid and also the bills for the water consumed on an average of 25.5 KL in 04/17 and 05/17 which will come under the slab Rs.231.5/-. The actual amount to be paid by the complainant is Rs.3,469/- and not 3,482/-. It is an inadvertent clerical error caused while calculating the bill manually. The bill dated.06.03.2017 is true and correct. This opposite party has not caused any mental agony or peculiarity loss to the complainant and hence the opposite party is not liable to pay any amount for the same and litigation cost.
The following issues that arise for consideration are.
- Whether there is any deficiency of service from the part of opposite party?
- If so what are the relief and cost?
Issues 1 & 2
Heard. We have perused the documents filed before the Forum. On the perusal of Ext. B1 series it is seen that the opposite party has not taken reading properly. On the back side of the Ext. A1 it is clearly mentioned that “the actual amount due will be ascertained on reading the meters and necessary adjustment bill showing amounts due to/from you will be sent to you once in six months.” In the present case the additional bill issued for 17 months. Issuance of belated additional bill amount to deficiency in service.
Opposite party pleaded that the bill dated.06.03.2017 for an amount of Rs.3,068/- is the partial bill for the water consumed by the complainant between October 2015 to February 2017. But in Ext.A3 it is not mentioned that the bill dated.06-03-2017 was a partial bill for the period from October 2015 to February 2017. Opposite party should have charged the additional charges in the bill dated 6-3-2017 itself. Instead they issued another bill for Rs. 3,482/-. No clarification was given to the complainant for this even after repeated request. Opposite party unnecessarily dragged the complainant to the Forum.
Under the above circumstances we are of the view that these acts of opposite party amount to deficiency in service. Therefore the opposite has the liability to pay compensation for the mental agony caused due to the act of opposite party. Complainant has no allegation that the meter is faulty meter or he has not used the water mentioned in the disputed bill. Hence the bill dated 5-5-2017 cannot be quashed.
In the result we partly allowed the complaint and direct opposite party to pay Rs. 2,000/- (Rupees two thousand only) as compensation for mental agony and cost of proceedings.
Pronounced in the open court on this the 31st day of January 2018.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Provisional Invoice Card – Consumer No.450 issued by Kerala Water
Authority
Ext.A2 - Demand & Disconnection Notice dated.06.03.2017 issued by Kerala Water
Authority, PH.Sub Division, Shornur 1 to the complainant
Ext.A3 - Demand & Disconnection Notice dated.05.05.2017 issued by Kerala Water
Authority, PH.Sub Division, Shornur 1 to the complainant
Ext.A4 - Original Receipt dated.26.10.2015 for Rs.718/- issued by Kerala Water
Authority P.H Sub Division, Palakkad
Ext.A5 - Original Receipt dated.27.02.2016 for Rs.944/- issued by Kerala Water
Authority P.H Sub ivision, Shornur
Ext. A6 Series - Original Photographs of the Borewell (2 No’s) in complainant house
Ext.A7 - Original Receipt issued by Kerala Water Authority Receipt No.11325190 dated.04.11.2011 to the complainant
Exhibits marked on the side of Opposite parties
Ext.B1 series - Copy of Consumer Ledgers
Ext.B2 - Copy of the Govt.Order No.GO (MS) No.92/2014/WRD dated.30.09.2014
Ext.B3 - Photograph of the construction of new building by the complainant
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost and compensation - Rs. 2,000/-
