SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> Sri. Joseph Joseph has filed the complaint before the Forum alleging deficiency in service on the part of the opposite party the Asst. Executive Engineer, Kerala Water Authority. The contention of the complainant is that from 1998 to 2007 April he has remitted the water charges regularly before the opposite party. When approaching the opposite party for remitting the water charges for the month of April 2008, the complainant has received a bill for Rs.2140/- from the opposite party for payment; instead of Rs.252/-. For the relief, the complainant has filed the complaint before the Forum.<br /> 2. Notice was issued to the opposite party, and the same was accepted by them on 17.5.08. But they have not entered appearance before this Forum and not filed any version. The complainant has filed the proof affidavit and produced documents in evidence. Ext.A1 is the consumer Bill No. KWA/AWN/Apr/2008 dt. 25.4.2008 for a sum of Rs.2140/- issued in favour of the complainant. Ext.A2 series are the bills issued by the opposite party for a sum of Rs.252/- each; remitted by the complainant before the opposite party.<br /> 3. Considering the contentions of the complainant this Forum has raised the issue whether there is deficiency in service on the part of the opposite party?<br /> 4. On a detailed perusal of the complaint and the documents given in evidence and a detailed hearing, we are of the view that the Bill dt. 25.4.2008 for a sum of Rs.2140/- issued by the opposite party to the complainant have no locus standi and without any justification since the monthly amount comes only Rs.252/- and the complainant was regularly remitting the same. So the opposite party is not entitled to recover the amount of Rs.2140/- from the complainant, since there was no arrear at the time of issuing the bill for Rs.2140/-. Hence the complaint is to be allowed on the ground that there is deficiency in service on the part of the opposite party. <br /> In the result, we hereby direct the opposite party to withdraw the bill dt. 25.4.2008 for a sum of Rs.2140/- issued to the complainant. We hereby restrained the opposite party from taking any steps to realize the said amount, and from disconnecting the supply of water to the complainant, on the basis of the said bill No.KWA/AWN/Apr/2008 dt. 25.4.08.<br /> Pronounced in open Forum on this the 30th day of June, 2008.<br /> Sd/- SRI. K. ANIRUDHAN:<br /> Sd/- SRI. JIMMY KORAH:<br /> Sd/- SMT. N. SHAJITHA BEEVI:<br /> <br /> <br /> APPENDIX:- <br /> Evidence of the complainant:-<br /> Ext.A1 - Bill for Rs.2140/-<br /> Ext.A2 series - Bills issued by the opposite party for a sum of Rs.252/- each<br /> Evidence of the opposite party :- Nil <br /> <br /> // True Copy //<br /> <br /> By Order<br /> <br /> Senior Superintendent<br /> To<br /> Complainant/Oppo. Party/S.F.<br /> Typed by:-pr/-<br /> Compared by:- <br />