By Sri.  A.S. Subhagan,  Member:-

          This  is a complaint filed under section 12 of the Consumer Protection Act 1986.

          2. Facts of the case:-  The  Complainant is a consumer of the 1^st  Opposite Party,  and is having a domestic water connection in his house since years,  with consumer connection No. MNT/1330D.  The   consumption of water from the water authority connection is very less as the Complainant and three other families have a well as the main source of water usage.  But still the Complainant pays the amount of water charge in advance and has no dues to the  Opposite Party.

          3. On  15.04.2016  the Complainant received a bill from the Opposite Party for an amount of Rs.9,258/-  with interest to be paid  and  thereafter received another bill dated 07.06.2020 for an amount of Rs.10,232/- to be paid  by the Complainant.  The Complainant had paid the water charges for an amount of Rs.200/-  for  the bill dated 10.12.2015 just  before  receiving  the above mentioned  bills and he never kept  any amount  as balance towards his payments for  consuming  water  from  the authority.  On receipt of the two bills the Complainant  was shocked  and went to the office  of  water authority and as per their direction on 20.06.2016 had filed a petition  before the Executive Engineer,  Water Authority,  Mananthavady stating  the exorbitant amount  for  which notice was sent to him by the 1^st  Opposite Party.  On receipt of the request of the Complainant  the officials from  Water Authority checked the meter  and found it faulty.  At the time of inspection when the meter was checked and found it faulty.  At the time of inspection when  the meter was checked water flow was disconnected but the meter was working even with the passage of air so it was understood and was admitted by the 1^st  Opposite party that the meter was faulty.  Seeing the faulty meter the 1^st  Opposite Party had assured to take necessary action for which the Complainant waited but as he received no communication or reply from the  1^st  Opposite Party and  as the  1^st  Opposite Party was convinced that the meter was faulty he was under the impression that the said bills were  cancelled and as the faulty meter was not rectified he had disconnected the said water connection also.

          4. To the shock of the Complainant,  after two years of disconnection of the water connection he received a notice numbered as A2-110/2010(RR) dated 27.02.2016 from the 2^nd  Opposite Party,  The Assistant Executive Engineer,  Kerala Water Authority,  P.H. Division,  Sulthan Bathery stating that  an amount of Rs.10,460/- is due to be paid by him towards payment of usage of water and if not paid within 15 days Revenue Recovery proceedings will be initiated against him.  On receipt of the notice the Complainant had sent a letter stating all facts to all the three  Opposite Parties but none has  replied till this date. 

          5. The above bills  and notice are erroneous as the Complainant is not liable to pay the amount as the Complainant had not used water to that quantity and the meter was faulty which was understood and admitted by the 1^st  Opposite Party at the time of inspection who had assured to change it to the Complainant but had not done due to which the Complainant had disconnected  the water connection.  The Complainant is not liable to pay any amount as claimed in the bills and notice.  The bills and notice issued to the Complainant for Rs.9,258/-,  Rs.10,232/-  and Rs.10,460/-  are illegal and erroneous.

          6. The Complainant is not liable to pay the amount mentioned in the said bills and notice as he had not used water as per the bills and notice.  Moreover the act of claiming an amount  after realizing  that the meter was faulty and that the Complainant had not consumed the said quantity of water and also without replying or responding to the petitions and the letters of the Complainant amounts to gross deficiency of  service by the Opposite Party.  Due to the illegal action of the Opposite Parties  the Complainant has suffered mentally to a tune of Rs.25,000/- which the Opposite parties are liable to pay to the complainant as compensation.

          7. In view of the above facts the Complainant has approached this Commission with the following prayers in the complaint.

1.  Declaring  the Bill dated 15.04.2016  for Rs.9,258/-  in  consumer connection No.MNT/1330/D,  Bill dated 14.06.2016  for Rs.10,232/- in consumer connection No.MNT/1330/D  and Notice No.A2-110/2010 Dated 27.02.2019  in consumer connection No.MNT/1330/D as illegal,  null and void and that the Complainant is not liable to pay the bill amounts and the notice amount of Rs.10,460/-.
2. Directing the Opposite Parties not to initiate revenue recovery proceedings on the basis of above bill.
3. To pay a compensation of Rs.25,000/- to the Complainant for the mental agony and distress caused to him due to the illegal action of the Opposite Parties.
4. To pass such other or further reliefs as the Complainant prays for and this Hon’ble  Forum deems fit to grant.

8. Commission  registered the complaint and notices were served upon the

Opposite Parties but they did not appear and therefore they were set exparte.    The complainant appeared and  chief affidavit was filed.  Exts.A1 to A6 were marked from  his side and he was examined as PW1.  Ext. A1 is the notice issued by the Opposite Party on 15.12.2015,  Ext. A2 is the notice issued on 15.04.2016,  Ext. A3 is the notice issued  on 14.06.2016,  Ext. A4 is the notice,  issued  on 27.02.2019,  Ext. A5 is the complaint application submitted by the Complainant and Ext. A6  is the letter submitted  by the Complainant to the Opposite Party.   In spite of  Exts. A5 and A6 were submitted to the Opposite Parties they were not seen responded.  The Opposite Parties had the Opportunity  to appear  before the Commission and to contest the case.  But they even didn’t  care to appear.  On a careful scrutiny of  Exts.A1 to A6  the Commission is of the view that the Complainant’s case is genuine one.  Issue of  unreasonable bills to a customer by the Opposite Party without any sustaining grounds and taking  action without redressing his grievance  as per Ext.A5 and A6 notices  amount to unfair trade practice/ deficiency  in service on the part of the Opposite Party.  Therefore the complainant is entitled to get  relief as prayed for but the compensation claimed by the Complainant is exorbitant.

In the result,  the complaint is partly allowed and the Opposite Parties  are directed to

1.  Not take or initiate any revenue recovery proceedings on the basis of Exts. A2,  A3 and A4 notices against the Complainant as the Commission declares  Exts.A2, A3 and A4 as illegal, null and void and
2. Pay a compensation of Rs.15,000/-  (Rupees Fifteen thousand only) which shall be  paid by the Opposite  Parties jointly and severally to the Complainant for the mental agony and distress caused to him due to the illegal action of the Opposite Parties against the Complainant, within one month from the date of this order failing which the Complainant shall  have the right to recover  the amount together with interest @ 8% per annum from the date of this order by due process of law.

Dictated to the Confidential Assistant, transcribed by him and corrected by

me and Pronounced in the Open Commission on this the 14^th   day of July 2022.

Date of filing:02.11.2020.

                                                                    PRESIDENT:   Sd/-

                                                                   MEMBER    :   Sd/-

                                                                   MEMBER    :  Sd/-

APPENDIX.

Witness for the complainant:

PW1.          Siva Kumar.                             Complainant.                 

Witness for the Opposite Party:

Nil.

Exhibits for the complainant:

A1.             Copy of Demand and Disconnection Notice.                  dt:10.12.2015.

A2.             Copy of Demand and Disconnection Notice.                  dt:06.04.2016.

A3.             Demand and Disconnection Notice.                      dt:07.06.2016.

A4.             Notice.                                                                  dt:27.02.2019.

A5.             Copy of Application.                                            dt:20.06.2016.

A6.             Copy of Letter.                                                      dt:29.03.2019.     

Exhibit  for the Opposite Party:

Nil.