CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 25th May, 2016
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER
: SRI. V.P.ANANTHA NARAYANAN, MEMBER
Date of filing : 15/12/2015
CC /191/2015
P.K.Gopalan,
S/o.C.Kutty,
Peringara, Pooja Nagar : Complainant
Puthur, Palakkad
(Party in person)
Vs
Assistant Executive Engineer, : Opposite party
P.H.Sub Division,
Kerala Water Authority,
Kalmandapam, Palakkad.
(By Adv.K.A.Stanly James)
O R D E R
By Smt. Suma. K.P, Member,
The complainant and his wife are senior citizens and are consumers of opposite party bearing consumer No.PKD/21294/D. Complainant states on 07/05/2015 his water connection was disconnected. At the time of reconnection the slab was fixed @ 125/- per month. But when the bill was issued on October, he was asked to pay Rs.804/- as water charges along with Rs.1626/- as adjustment towards arrears along with 10 Rupees as fine. Bill was issued dated 16/10/2015. The slab was shown as Rs.129/-. The complainant alleges that on subsequent bills issued his slab was fixed on various rates. He enquired about it with the officer of the help desk and he answered that he had to pay arrears during the period of 2013. The complainant further submits that since his slab was fixed @125/- per month he is liable to pay charges for 4 months from July till October @125/- per month. The above bill issued for Rs.2,573/- is highly excessive and it amounts to deficiency of service on the part. Hence he had approached before this forum seeking an amount of Rs.25,000/- compensation for the mental agony suffered by him due to the deficiency of service on the part of the opposite party.
The notice was issued to the opposite party. Opposite party entered appearance and filed version contending the following. Opposite party has issued bill only for the quantity of water used by the consumer. Bill issued by the opposite party is not excessive or wrong. So far consumer has not made any representations to the opposite party showing defect in the bill or stating bill to be excessive. On 07/05/2015 complainant has only remitted a bimonthly water charge of Rs.129/-. After installation of new water meter on 07/05/2015, water consumption had increased. Hence from 07/05/2015 to October 2015 the complainant had to remit Rs.2573/- towards water charges. Water charges are not fixed on permanent basis, but are fixed on the quantity of water consumed by the complainant. After 07/05/2015 complainant has not remitted any amount towards water charges. On previous occasions complainant might have consumed less quantity of water and the opposite party had issued water bill only for the quantity of the water consumed. But on later occasion complainant had consumed more water and bill was issued accordingly. As on 2015 December complainant is bound to remit Rs.3801/- towards water charges . The ledger extract will prove the quantity of consumption of water by the complainant on various periods. Complainant is not entitled to get any of the reliefs claimed in the complaint. Hence the complaint has to be dismissed.
Complainant filed chief affidavit. Opposite party also filed affidavit. Ext.A1-A4 was marked from the part of the complainant. Ext. B1 was marked from the part of the opposite party. Evidence was closed.
Matter was heard.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite
party?
2. If so, what is the reliefs and cost?
ISSUES 1 & 2
We had perused the documents as well as affidavits produced before the Forum. In the affidavit filed by the complainant he had come up with a new allegation that the opposite party had disconnected his water connection on 6/5/2015 and it was reconnected only on 07/05/2015 after paying the entire dues. The said allegation was not raised in the initial complaint filed before the Forum. He further alleges that the connection was disconnected well before the due date. He had appealed before the authority not to disconnect the connection and to grant some more days for paying the dues. The opposite party did not even grant a prior notice before disconnection. Being senior citizens the complainant and his wife had to struggle even without drinking water. The opposite party had contented that the connection was disconnected for failure in payment of arrears of water charges as on March 2015. According to the complainant there was still 12 more days for paying the dues. But no such evidence is produced before the Forum to prove the above fact. According to the opposite party there was an arrears of Rs.3119/- as on March 2015. Said amount was paid only after disconnection and their connection was restored on 7/5/2015. Since the water meter was not working during that period complainant with the permission of the opposite party changed the water meter engaging a licensed plumber. After 07/05/2015 complainant has not remitted any amount towards water charges. He had not produced any evidence to the effect that he had paid atleast the minimum slab of water charge as admitted by him. The ledger extract of the complainant for the period from 14/12/2010 to December 2015 which was marked as Ext.B1 shows that as on 2015 December complainant is bound to remit Rs.3801/- towards water charges. The complainant had not stated or produced any evidences to show that he had paid any amount towards the said arrears. The water charge is not fixed on permanent basis but fixed on the quantity of water consumed by the complainant.
In the above circumstance we cannot attribute deficiency of service on the part of opposite party. The complainant has filed this complaint without true knowledge of the facts. Hence complaint is dismissed without costs.
Pronounced in the open court on this the 25th day of May, 2016.
Sd/-
Shiny.P.R
President
Sd/- Suma. K.P
Member
Sd/-
V.P. Anantha Narayanan
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1- KWA Bill No.15936347 dtd.17/12/2015 in the name of complainant(Original
Ext.A2- KWA Bill No.16922239 dtd.17/2/2016 in the name of complainant. (Original
Ext.A3 -KWA Bill No.14975131 dtd.16/10/2015 in the name of complainant (Original
Ext.A4- KWA Bill No.14013618 dtd.13/8/2015 in the name of complainant (Original)
Exhibits marked on the side of opposite party
Ext.B1- Copy of Ledger extract of the complainant for the period from 14/12/2010 to 12/2015
Witness marked on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost Allowed
No cost allowed
