Sri.K.N.Radhakrishnan, Member.
The case of the complainant is as follows:
The complainant had a domestic water connection from the opposite party bearing consumers No. VPM/1761/D dated 1.12.2000. As per the PIC the monthly amount to be remitted was Rs.22/- on any day between 5th and 8th of every month. She had remitted the water charges at the rate of Rs.22/- per month upto 1/2008 without fail. On 7.2.2008 the complainant got a bill from the opposite for an amount of Rs.3526/- which was demanded to be paid on 27.2.2008. When the complaint made enquiries it was understood that the opposite parties were not having sufficient staff for taking meter readings and hence the last bill for Rs.3526/- is calculated for the arrears during the last 85 months. The calculations made to arrive the amount of Rs.3526/- of the disputed bill is without any basis and is illegal also. The act of the opposite parties amounts to deficiency of service from their part. Hence the -2- compliant filed this complaint seeking a direction to set aside the disputed bill dated 7.2.2008, cost etc.
The notice was served with the opposite parties. They appeared and filed their version stating contention as follows.
At the time of connection the water charges of the complainant was fixed at the rate of Rs.22/- per month. This rate was the minimum consumption of water for the minimum 10,000/-liters per month. The complainant remitted the water charges up to January 2008 at the rate of Rs.22/-. On the receipt issued by KWA it is clearly stated, “The amount received is provisional and subject to adjustment after taking meter reading as applicable” Even though the complainant had paid minimum water charges in advance she was bound to remit the additional charges for the excess water she used. As per meter reading dated 22.12.07 the complainant used 2000 kiloliters of water and average monthly consumption was 23,600 liters. Per month. The monthly water charge for 23,600/- liters of water was Rs.63/- per month. So an additional bill of Rs.3526/- was served to the complainant on 7.2.2008 and directed to pay on 27.2.2008. The opposite parties are ready to give instalments to the complainant for remitting the amount, if she approaches the opposite parties. There is no deficiency in service on the part of the opposite parties. Hence the complaint may be dismissed with costs.
The complainant filed proof Affidavit. The opposite parties filed proof Affidavit.
Heard both sides. We have gone through the complaint, version and evidence of both sides. The case of the complainant is that the opposite party had issued arrear bill without taking proper -3- meter readings. According to her she had remitted the water charges as per PIC without any default up to 1/08. The opposite party has taken a condition that the complainant had remitted the amount only as per PIC on the minimum rate. According to the opposite party as per the meter readings the complainant had consumed water over and above the PIC. Hence the opposite party issued additional bill to the complainant. The complainant had no case that the opposite parties are issued additional bill for the water not consumed by her. Moreover there was no case that the water meter was not functioning properly. But the complainant is ready and willing to remit the arrear bill amount dated 7.2.2008. in instalments. The counsel for opposite party submits that they are also ready and willing to give instalments to the complainant. Therefore we are of the opinion that the complaint is to be allowed accordingly.
In the result the complaint is allowed as follows. We direct the opposite parties to give 10 equal monthly instalments to the complainant for remitting the bill dt.7.2.2008. The complainant shall remit the instalment amount on or before 20th of every month. The Ist instalment will be remitted before 30th of November. Both parties will suffer their respective costs.
......................Bindhu M Thomas ......................K.N Radhakrishnan ......................Santhosh Kesava Nath P | |