BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENA KUMARI .A : MEMBER
SMT. S.K. SREELA : MEMBER
O.P. No. 255/2004 Filed on 18/06/2004
Dated: 30..09..2010
Complainant: P. Satheendran, Remany Nivas, Veliyamcode – P.O., Neyyattinkara Taluk, Thiruvananthapuram.
(By Adv. V.P. Suresh)
Opposite parties:
Kerala Water Authority, Represented by the Executive Engineer, Water Supply Sub Division, Neyyattinkara.
Managing Director, Kerala Water Authority, Vellayambalam.
(By Advs. Santhamma Thomas & Rajesh. R)
This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 24..01..2006, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 30..07..2010, the Forum on 30..09..2010 delivered the following:
ORDER
SHRI.G. SIVAPRASAD, PRESIDENT:
The facts leading to the filing of the complaint are that, complainant is a consumer of the opposite parties vide consumer No.145 MP, that the initial meter reading was 320 litres, that complainant has never got water from the said water connection, that he had paid water charges upto June 1995, that though complainant sent several letters to opposite party informing them about the non availability of water, opposite parties remained silent, that thereafter complainant has given a mass petition to opposite party and the Minister concerned, that finally on October 2003 complainant got water from the water tap of his residence, ie., after 10 years from the date of connection, that complainant has got a water bill dated 21/8/2003 claiming an amount of Rs. 2,578/- as arrears of water charge from July 1995 to September 2003 and all the columns like present reading, previous reading, quantity consumed etc...... are kept blank. Though complainant personally visited the office of the opposite party and given a detailed reply without giving due consideration, opposite party disconnected the water connection and taken away the water meter from the premise of the complainant, that on 8/1/2004 complainant sent lawyer's notice to opposite party demanding restoration of water connection and to cancel the water bill dated 21/8/2003. No action was taken by opposite parties. Hence this complaint to restore the water connection, to cancel bill dated 21/8/2003 and to recover all costs from the opposite parties.
2. Opposite parties filed version contending that the statement of the complainant that he does not get water is incorrect, that he has paid water charges upto June 1995 at the minimum rate of Rs.22/- per month, that if consumer was not getting water he could have got a temporary disconnection, and that the mass petition stated in para 5 of the complaint is admitted. It is submitted by opposite parties that previously the locality had water scarcity and the problem is now cured, that the complainant was using the water supplied by opposite parties and hence he is bound to pay the bill amount, that the arrear bill was prepared at the minimum rates, the details of the readings could not be given due to the water meter was not working. Inspite of repeated requests by opposite parties complainant has not taken any steps to replace the defective meter. Opposite parties disconnected water connection for non payment of dues as per the law. The complainant was issued with bills regularly but he has not paid them. Hence opposite parties prayed for dismissal of the complaint.
3. The points that arise for consideration are:
Whether complainant is entitled to get restoration of water connection?
Whether complainant is liable to pay the amount as per bill dated 21/8/2003?
Whether there is deficiency in service on the part of opposite parties?
Whether complainant is entitled to compensation and costs?
In support of the complaint, complainant has filed affidavit and has marked Exts. P1 to P6. In rebuttal, opposite party has not filed affidavit. Opposite party has marked Ext. D1 consumer personal ledger.
4. Points (i) to (iv): Admittedly, complainant is a consumer of the opposite parties vide consumer No. 145 MP. The very case of the complainant is that he has not got a drop of water from the water tap from the date of connection (15/5/1993). Even then he had paid water charges upto 1995. Ext. P1 is the copy of the Consumer's Meter Card. A perusal of Ext. P1 date of connection is on 15/5/1993 and initial reading was 320 litres, nothing is seen entered regarding meter reading, consumption etc.....in Ext. P1. Exts. P2 & P3 consist of 6 receipts issued by opposite parties. On perusal of Ext. P2 & P3 receipts complainant is seen remitted water charges upto 1/95 at the rate of Rs.19/- per month. Ext. P4 is the copy of the bill dated 21/8/2003 for Rs. 2,578/- for arrears due from 6/95 to 9/03. In Ext. P4 it is seen stated that if the said amount not remitted within one month from the date of receipt of the bill, opposite party will disconnect water connection without further notice. On perusal of Ext. P4 bill it is apparent that all the columns like present reading, previous reading, quantity consumed etc......are kept blank. The very case of the complainant is that even after repeated complaints and mass petition (which is accepted by opposite parties in their version) he got water from the water tap of his residence only on October 2003. The bill is seen dated 21/8/2003. The burden is upon the opposite party to show that consumer has availed water from the said connection upto August 2003. No material furnished by opposite parties to show that complainant has used water during the disputed period. Inview of the documents available on records especially Ext. P1 Consumer's Meter Card, Ext. P4 meter reading bill. Ext. D1 is the copy of the Consumer's Personal Ledger. We are of the view that though connection was there, complainant has never got water till October 2003. It is further to be noted that connection was there in the name of the complainant. He could very well apply for temporary disconnection of water during the disputed period. That was not done by the complainant. Further it is the right of the consumer to know how much water he has consumed. Opposite party has never given any material to substantiate the quantum of consumption of water by the complainant. Without mentioning the meter reading opposite party has issued a meter reading bill. From the bill itself it is evident that the bill was prepared by opposite parties not in accordance with the actual consumption of water by the complainant. Inview of the above, disconnection of water connection on non payment of bill without disclosing the quantum of water consumed by the consumer is illegal, unilateral and against principles of natural justice. Since opposite party has not disclosed the meter readings in Ext. P1 bill, he is not bound to pay the amount mentioned therein. The disputed bill deserves to be cancelled.
In the result, complaint is allowed. Ext. P1 bill dated 21/8/2003 issued by opposite parties is hereby cancelled. Complainant is directed to pay Rs. 500/- on acceptance of which opposite party shall restore water connection to consumer No. 145 MP. There is no compensation in facts and circumstances of the case. Parties shall bear and suffer their costs.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of September, 2010.
G. SIVAPRASAD,
PRESIDENT.
BEENA KUMARI .A.,
MEMBER.
S.K. SREELA,
ad. MEMBER.
O.P.No: 255/2004
APPENDIX
I. Complainant's witness : NIL
II. Complainant's documents:
P1 : Copy of the consumer's Meter Card
P2 : 3 receipts issued by opposite parties
P3 : “ “
P4 : Copy of the Meter Reading bill dated 21/8/2003
P5 : Copy of Advocate notice dated 8/1/2004
P6 : Copy of postal receipt and Acknowledgment card
III. Opposite parties' witness : NIL
IV. Opposite parties' documents:
D1 : Copy of Consumer Personal Ledger
PRESIDENT
