Karnataka

Bangalore 4th Additional

CC/15/1309

Smt. S. REKHA - Complainant(s)

Versus

Bangalore Water supply Sewerage Board, - Opp.Party(s)

Shrama & Bhat

20 Jun 2018

ORDER

Complaint filed on: 15.07.2015

                                                      Disposed on: 20.06.2018

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.1309/2015

DATED THIS THE 20^th JUNE OF 2018

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

	Complainant/s	V/s	Opposite party/s
	Smt.S.Rekha, W/o Sri.Umesh Babu Patel, Aged about 55 years, R/at No.39/3, 6th Main, 13th Cross, Malleswaram, Bangalore-560 003.   Rep by GPA Holder Sri.Umesh Babu Patel, S/o Patel Puttaswamy Gowda, Aged 67 years, R/at No.39/3, 6th Main, 13th Cross, Malleswaram, Bangalore-560 003.   By.Adv.Sharma & Bhat		BANGALORE WATER SUPPLY SEWERAGE BOARD, Chairman, Sampige Road,Malleshwaram, Bengaluru-560 003.   Exparte.

 

 

PRESIDENT: SRI.S.L.PATIL

1.       This complaint has been filed by the complainant as against the Opposite Party directing to rectify the fault in their meter or any other fault prevailing at their end forthwith, to stop issuing incorrect bills to the Complainant that reflect “arrears” of non-payment and to take every step to avoid such problems in the future, to grant such other reliefs with costs.

2.       The brief facts of the case of the complainant are that the Complainant has received abnormal and excessive bill amounts from the Opposite Party.  The following table illustrates the dates and the incorrect bills sent by the Opposite Party to the Complainant.

Sl.No.	Date	Incorrect bill amount (in Rupees)
1	April-May 2014	2612.00
2	May-June 2014	6693.00

 

The Complainant and her husband use Cauvery water only for drinking and cooking while for all other purposes, they use bore well water. The Complainant had the water tank in her house checked by a plumber in order to rule out any possibility of water leakage. Also, the Complainant has got “water proofing” done in order to ensure there is no fault at her end. The Complainant has painstakingly tried to communicate her grievances to the Opposite Party on several occasions by way of letters; describing her problem and requesting action from the Opposite Party to rectify the same but to no avail. The Complainant has put in great effort to follow up this matter with the Opposite Party but has got no result, instead much of her precious time has been wasted due to this. The daily water consumption of the Complainant and her husband does not exceed 500 litres. That being the case, the bills issued by the Opposite Party are truly abnormal and incorrect. The Complainant has also approached the jurisdictional “water adalat” in February of 2015 and sought relief, however, it did not yield any result.  The Complainant had issued notice dt.28.4.2015 through her counsel, but received no reply from the Opposite Party.  Hence, this complaint.

3.       Notice was ordered to the Opposite party. Inspite of notice duly served on them, they did not appear, hence placed exparte.

4.       The complainant to substantiate her case, filed affidavit evidence. Though documents produced, did not mark. The complainant has also filed written arguments. Heard learned counsel for the Complainant.

           5. The points that arise for our consideration are:

       1) Whether the Complainant proves the deficiency in service on

            the part of the OP, if so, whether she is entitled for the relief

            sought for?

        2) What Order?

                  

6.  Our answers to the above points are as under:

Point No.1 : Partly in the affirmative

Point No.2 : As per the final order for the following

REASONS

7. POINT NO.1 :   We have briefly stated the contents of the complaint.  Even though the notices were duly served on the Opposite Party, they did not appear to oppose the claim of the complainant. Under such circumstances, non-appearance/non-filing of the version, amounts to an admission with regard to the grievance of the complainant. In the light of decision reported in 2018 (1) CPR 314 (NC) in the case of M/s Singla Builders & Promoters Ltd., V/s Aman Kumar Garg. Anyhow we place reliance on the contents of the complaint filed by the Complainant. The power of attorney holder of the Complainant Umesh Babu Patel who is the husband of the Complainant filed affidavit evidence by reiterating the contents of the complaint. The Complainant has sought for the specific relief as against the Opposite Party to rectify the fault in the said meter or any other fault prevailing, stop issuing incorrect bills to the Complainant that reflect “arrears” of non-payment and to take every step to avoid such problems and for any other such reliefs. The Complainant has questioned the incorrect bills as described in Para-1 of the complaint which we have already stated in the foregoing paragraphs. It is the case of the Complainant that herself and her husband use Cauvery water only for drinking and cooking while for all other purposes, they use bore well water. The Complainant had the water tank in her house checked by a plumber in order to rule out any possibility of water leakage. This fact is not denied by the Opposite Party by way of appearing before this Forum and also by way of filing version. Further, the Complainant has got “water proofing” done in order to ensure there is no fault at her end. This fact has been communicated to the Opposite Party on several occasions by way of letters describing her problem which went in vain. This fact is proved by the Complainant ongoing through the contents of document No.4 letter dt.10.5.2014, document No.5 letter dt.4.7.2014, document No.6 letter dt.11.7.2014, document No.7 letter dt.15.9.2014, and document No.9 letter dt.18.1.2015. In this context, the Opposite Party by its letter dt.25.10.2014 has written a letter to the Complainant referring the letter dt.14.5.2014, 12.9.2014 stating that there was a ball volt sinked in the water. Hence, the water was leaking. In this context, in the month of May 2014, issuance of the water bill was found to be on the higher side. Hence, they have charged highest bill.  This fact ought to have been proved by the Opposite Party by way of filing the version. In this context, if this forum directs the Opposite Party to rectify the fault in the meter fixed by them to the water supply of the Complainant’s residence, we hope ends of justice would meet sufficiently. Further with regard to stop issuance of the incorrect bills and such other reliefs are not considered by this forum for the simple reasons that the Opposite Party has to rectify the mistake found in the said water usage accessories meter. Accordingly, this point is answered partly in the affirmative.

8.       POINT NO.2: In the result, we pass the following:

ORDER

The complaint filed by the Complainant is allowed in part. The Opposite Party is directed to rectify the fault in the meter affix for the supply of water to the Complainant’s house. With regard to the other reliefs which are negated.

The Opposite Party is directed to comply this order within 6 weeks from the receipt of this Order. Failing which, the Complainants are at liberty to take proper steps as per law.

Looking to the circumstances of the case, we direct both the parties to bear their own cost.

Supply free copy of this order to both the parties.

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the open Forum on 20^th June 2018).

(ROOPA.N.R)     MEMBER	(S.L.PATIL)  PRESIDENT

 

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

Umesh Babu Patel., who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Doc-1	GPA executed by Complainant in favour of Umesh Babu Patel
Doc-2-3	Bill issued by Opposite Party dt.9.5.2014.  24.6.2014
Doc-4-7	Letter dt.10.5.2014, 4.7.2014, 11.7.2014, 15.9.2014 issued by the Complainant to the Opposite Party
Doc-8	Letter dt.25.10.2014 issued by the Opposite Party to the Complainant
Doc-9	Letter dt.18.1.2015 issued by the Complainant to the Opposite Party
Doc-10	Legal notice issued by the Complainant dt.28.4.2015
Doc-11	Acknowledgement of the legal notice issued.
Doc-12	Letter issued by the Complainant to Chief Engineer, BWSSB
Doc-13	Bill issued by BWSSB dt.9.1.2017, 9.2.2017, 9.8.2017, 9.9.2017, amounting  to Rs.11,609, 15,534/-, 40,182/-, 40,776/-
Doc-14	Report issued by A.G.Madhavarao & sons
Doc-15	Vijaya Karnataka Paper with an article mentioning default in water bills by BWSSB like the case filed by the Complainant dt.26.11.2016
Doc-16	Details of the bills

 

(ROOPA.N.R)      MEMBER

(S.L.PATIL)     PRESIDENT