By Sri. K. Gheevarghese, President:-
The complaint filed against the Opposite Party not to disconnect the supply of water on the non payment of the illegally demanded water charge and the bill also to be cancelled.
2. The complaint in brief is as follows:- The Complainant is a consumer of water supply for domestic purpose. The meter installed in the premises were faulty and the same was informed to the Opposite Party. The water connection was taken in anticipation of the drought. The water charges were remitted by the Complainant from time to time in advance. Whereas the Complainant was issued a bill demanding additional amount of Rs. 7,998/- for a period from 12/04 to 6/08. The amount demanded as in the way of additional charges is nothing but deficiency in service. The bill issued to the complainant demanding additional amount to be canceled and the Complainant is to be compensated with Rs.5,000/- for pain and sufferings.
3. The sum up of the version filed by Opposite Party is as follows:- The Opposite Party is in their capacity to demand the charges for additional consumption of water. The faulty meter as stated by the Complainant is not known to the Opposite Party. The monthly charge Rs.40/- was remitted by the Complainant for the period from 12/04 to 6/08. The consumption of water by the Complainant for this period is an average of 56 Kilo litre and the charge payable is Rs.226/-. The amount demanded by the Complainant is basing on the consumption of water. There is no deficiency in service on the part of the Opposite party.
4. The Opposite Party also filed additional version. The Complainant had not informed of the Opposite Party that the meter installed was faulty. The amount demanded from the Complainant was only for the use of additional quantity of water. The amount demanded from the Complainant is absolutely based on the quantity of water consumed. The complaint is to be dismissed with compensatory cost.
5. Points in consideration are:-
Whether any deficiency in service on the part of the Opposite Party in the issuance of the bill for additional water charges.
Relief and cost.
6. Points No.1 and 2:- The Complainant and Opposite party filed proof affidavits Exts.A1 to A11, B1 to B9 are the documents considered. The Complainant and Opposite Party have given oral testimony in this case.
7. The case of the Complainant is that the bill dated 29.07.2009 of Rs.7,998/- is absolutely wrong. This bill was issued to the Complainant demanding the additional amount for a period from 12/04 to 6/08. The Opposite Party has no case that the Complainant is prompt payee of water charges. Ext.B7 is the quantity showing the consumption of water for a period in between 24 December 2004 to 28 June 2008. The provisional invoice card consists of a note which also state that the actual amount due from the consumer is to be basing on the meter reading and it is to be sent once in six months and the bill for arrears of water charges would be issued separately. In the oral testimony of Assistant Executive Engineer who is examined as OPW2 admitted that the arrear bill issued to the party is not as per metre recording from time to time which was due to the shortage of staff. The meter installed in the premises of the Complainant had been faulty. How long the faulty metre was in continuity is not brought out in evidence. How ever it is also admitted that reading of the metre was not taken from 2004 to 2008. The Opposite Party could not take the reading of the meter to enable them to issue bill for additional amount. The Opposite Party can demand charge strictly basing on the consumption of water which is to be as recorded in meter. In this case being the meter was faulty such circumstance does not arise. The document Ext.B7 produced by the Opposite Party stating the excess consumption of water cannot be considered as based on recording the actual consumption of water. Ext.B7 is the detail on the additional charge from December 2004 till June 2008. The average monthly consumption as per this document is 56 Kilo Litre it is evident from the testimony of Assistant Executive Engineer that the meter reading was not taken from 2004 to 2008. How ever the Opposite Party came to a conclusion that the monthly consumption of water by the Complainant amount to 56 Kilo Litre which is reasoned for issuance of Ext.A2 the additional charge demanded by the Opposite Party. It is found that the additional amount of Rs.7,998/- is nothing but improper and incorrect.
In the result, the bill dated 29.07.2009 of Rs.7,998/- (Rupees Seven thousand Nine hundred and Ninety Eight only) bill No.5466 is canceled. The Opposite Party is also directed to give Rs.500/- (Rupees Five hundred only) to the Complainant towards the cost. This is to be complied by the Opposite Party within one month from the receipt of this order.
Pronounced in open Forum on this the day of 30th October 2010.
Date of filing:21.12.2009.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
A P P E N D I X
Witness for the Complainant:
PW1. T.M. Mathew Complainant.
Witnesses for the Opposite Party:
OPW1. Mohan Asst. Engineer, Water Authority, Sulthan Bathery.
OPW2. K.K. Sundaram. Asst. Executive Engineer, Water Authority.
Exhibits for the Complainant:
A1. Copy of Provisional Invoice Card.
A2. Copy of Bill. dt:29.07.2009.
A3. Copy of Letter. dt:06.01.2010.
A4. Copy of Provisional Invoice.
A5. Copy of Bill. dt:29.07.2009.
A6. Copy of Letter. dt:06.01.2010.
A7. Copy of Letter. dt:02.09.2010.
A8. Copy of Receipt. dt:15.09.2010.
A9. Copy of Receipt. dt:15.09.2010.
A10. Copy of Receipt. dt:15.09.2010.
A11. Copy of Letter. dt:22.02.2010.
Exhibits for the Opposite Party:
B1. Copy of Application.
B2. Copy of Residential/ Ownership Certificate. dt:28.05.2004.
B3. Copy of detailed Plan showing the proposed water connection to building No.PP VI/117.
B4. Copy of Water/ Server Connection Work Order. dt: 20.10.2004.
B5. Copy of Connection Order. dt:08.12.2004.
B6. Copy of Agreement of the Supply of Water. dt:08.12.2004.
B7. Details of Additional Charge in respect of Sri. Mathew. T.M.
B8. Copy of Ledger.
B9. Copy of Letter. dt:06.01.20
