IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 28th day of August, 2009. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No. 94/2009 Between: M.M. Mathew, Manacheril Veedu, Kolabhagom P.O., (Thottapuzhasseri Panchayat, Ward – II), Thadiyoor – 689 545. .... Complainant. And: - The Executive Engineer,
Kerala Water Authority, P.H. Division, Ramanchira, Thiruvalla. - The Asst. Executive Engineer,
Kerala Water Authority, P.H. Sub Division, Kottayam Road, Mallappally. .... Opposite parties. ORDER Sri. Jacob Stephen (President): The complainant has filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is that he is a consumer of the opposite parties vide consumer No.TPY-489 under domestic category. He got the water connection on 07.03.2001. He had paid the water charges upto January, 2009 and the last payment was made on 27.02.2008. He is not a defaulter to the opposite parties till 27.02.2008 as he had paid the entire water charges including all the dues, if any. After the last payment-dated 27.02.2008, he went abroad and stayed there for 4½ months. After his return, on 26.03.2009, he approached the opposite parties for the payment of the water charges. At that time, he was informed that he has to pay Rs.11,000/- including his dues from 2006 onwards. Since he had paid the entire water charges up to 1/09 including the dues till 27.02.2008, there is no chance for any a dues. So he made a complaint to the second opposite party who assured that he will enquire into the matter and take necessary action on the complaint. But so far, the complainant has not received any reply. Because of this, he was not able to remit water charges for the year 2009. 3. While so, the complainant had received a notice dated nil from the first opposite party directing him to remit Rs.6,827/- on or before 15.06.2009 being the dues from 3/06 to 1/09. It is also intimated in the notice that the complainant’s water connection will be disconnected, if the remittance is not made within time. The issuance of the above said demand notice is illegal and the complainant is not liable to pay the same and is liable to be set aside. The above said act of the opposite party is a deficiency of service. Hence this complaint for setting aside the impugned demand notice, for restraining the opposite parties from disconnecting the complainant’s water connection and allowing him to remit the water charges due from 1/09 onwards. 4. In this case, the opposite parties were not appeared or filed their version. So the opposite parties were declared as exparte. 5. In order to prove the complainant’s case, he had filed a proof affidavit narrating his case along with 10 documents. On the basis of the proof affidavit, the complainant was examined as PW1 and the documents produced were marked as Exts.A1 to A10. Ext.A1 is the Provisional Invoice Card dated 7.03.2001 issued to the complainant by the opposite parties. Ext.A2 is the receipt-dated 27.02.2008 for Rs.489/- for the water charges from 12/07 to 1/09 issued by the opposite parties and Exts.A3 to A8 are also the receipts issued by the opposite parties for the water charges from 2001 to 2007. Ext.A9 is is the Demand Notice dated nil for Rs.6,827/- issued by the opposite parties. Ext.A10 is the Meter Reading Card issued by the opposite parties to the complainant. 6. On a perusal of Exts.A1 to A8, it is seen that the complainant had paid the water charges upto January 2009 and he had made the last payment on 27.02.2008. According to the complainant, all the payments are made directly at the counter of the opposite parties. During the payment at the counter, officials never demanded for any dues, which means that the complainant has no dues till 27.02.2008 as per the records of the opposite parties. In the circumstances, we find no basis for the demand made by the opposite parties vide Ext.A9 demand notice dated nil demanding the complainant’s dues from 3/06 to 1/09 and hence it is an illegal notice liable to be set aside. Therefore, this complaint is allowable. 7. In the result, this complaint is allowed as follows: (1) The impugned demand notice dated nil (Ext.A9) is hereby set aside. (2) The opposite parties are restrained from taking any action against the complainant on the basis of the Ext.A9 demand notice. (3) The opposite parties are directed to collect the regular water charges of the complainant due from 1/09. (4) In the absence of any prayer for cost and compensation, we are not inclined to allow cost and compensation to the complainant. Declared in the Open Forum on this the 28th day of August, 2009. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: PW1 : M.M. Mathew. Exhibits marked on the side of the complainant: A1 : Provisional Invoice Card. A2 : Receipt dated 27.02.2008 for Rs.489/- for the water charges from 12/07 to 1/09 issued by the opposite parties to the complainant. A3 : Receipt dated 10.04.2001 for Rs.279/- for the water charges from 3/02 to 3/02 issued by the opposite parties to the complainant. A4 : Receipt dated 7.06.2002 for Rs.306/- for the water charges from 4/02 to 6/03 issued by the opposite parties to the complainant. A5 : Receipt dated 3.10.2003 for Rs.507/- for the water charges from 6/03 to 9/04 issued by the opposite parties to the complainant. A6 : Receipt dated 21.07.2004 for Rs.478/- for the water charges from 5/04 to 7/04 issued by the opposite parties to the complainant. A7 : Receipt dated 11.04.2005 for Rs.665/- for the water charges from 8/04 to 3/06 issued by the opposite parties to the complainant. A8 : Receipt dated 27.12.2006 for Rs.886/- for the water charges from 11/05 to 11/07 issued by the opposite parties to the complainant. A9 : Demand Notice dated nil for Rs.6,827/- issued by the opposite parties to the complainant. A10 : Meter Reading Card. Witness examined on the side of the opposite parties : Nil. Exhibits marked on the side of the opposite parties : Nil. (By Order) Senior Superintendent. Copy to:- (1) M.M. Mathew, Manacheril Veedu, Kolabhagom P.O., (Thottapuzhasseri Panchayat, Ward – II), Thadiyoor – 689 545. (2) The Executive Engineer, Kerala Water Authority,P.H. Division, Ramanchira, Thiruvalla. (3) The Asst. Executive Engineer, Kerala Water Authority, P.H. Sub Division, Kottayam Road, Mallappally. (4) The Stock File.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
