By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to cancel the bill given by the opposite party and to pay cost and compensation due to the deficiency of service by the opposite party.
2. Brief of the complaint:- The complainant is the consumer of opposite party in consumer No.4132107187 and he was used to pay all the bills issued by the opposite party. While so on 12.07.2016 the opposite party has taken the meter reading from 11.05.2016 to 12.07.2016 and demanded to pay Rs.8,300/- as water charge and Rs.7,223/- as additional charge. So the complainant complained to the opposite party to check the meter reading and the fault of meter and connection, but the opposite party has not taken any steps. So the complainant requested to disconnect the connection on 15.07.2016. So the opposite party has disconnected the connection on 15.07.2016 itself. Thereafter the complainant applied for dismantle the water meter on 16.08.2016 but the opposite party has dismantled the connection only in the month of December 2016. But the opposite party has again issued a bill dated 01.11.2016 and demand to pay Rs.22,937/- and Rs.30,351/-. The complainant further stated that after applying for disconnection, complainant is not liable to pay the bills thereafter. The complainant further stated that due to the above acts of the opposite party the complainant caused much difficulty, loss and hardships. He further says that he is not liable to pay the bills after applying for disconnection and the opposite party is liable to cancel the said bill and also liable to pay cost and compensation.
3. Notice was served to opposite party and opposite party filed version denying all the allegations and further states that the complainant is a chronic defaulter in payments and in the adalath conducted in the year 2014 some amount is written off and discounts were given to the complainant. The present allegation is happened due to the leakage of pipe after the meter point which portion is to be maintained by the complainant and opposite party is not liable for the fault I the connection after the meter point and the opposite party further stated that in the year 2014 total bill amount of Rs.78,220/- were reduced to Rs.26,962/- and the complainant remitted that amount also. The new bill is for Rs.37,765/- is up to 06.01.2017 as per the increased rate and the complainant is liable to pay the same and due to the non payment of the bill amount the connection was disconnected and thereafter also the complainant is liable to pay the minimum fixed rent till dismantle. If the complainant want to dismantle the connection the complainant have to remit the dues and to give a written request to dismantle the connection. Anyway the connection is disconnected on 22.12.2016 due to the non payment of the bill, and further stated that there is no deficiency of service from the side of opposite party and prayed to dismiss the complaint.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and A2 documents were marked and from the side of opposite party Ext.B1 to B4 documents were marked. Ext.A1(1) is the Bill dated 02.07.2016 for Rs.15,523/- for the month of May and June 2016. Ext.A1(2) is the bill dated 01.11.2016 for Rs.30,351/- for the entire period including the arrear bill. Ext.A1(3) is also a bill dated 03.09.2016 for Rs.22,937/-. Ext.A2 is the bill dated 03.05.2016 for Rs.596/- for the period March and April 2016. Ext.B1 to B4 are the documents produced by opposite party wherein it is seen that in the adalath, somany reductions were given by the opposite party and the complainant remitted the settled amount also. Ext.B1 to B4 shows the bills during the period and also reported that the pipe leak is found after the point of meter and the consumption of 255 KL is reduced to 120KL as the maximum consumption.
5. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
6. Point No.1:- From the overall evidence, we found that the complainant is a chronic defaulter and not paying the bills regularly and the arrears is settled in the adalath after reducing the bill amount. From the documents produced by the opposite party it shows that the pipe is found leakage after the point of meter and it is the duty of the consumer to rectify the fault after the point of meter. Anyway in such circumstances the opposite party had reduced the used KL to 120 KL which is the minimum level. And the complainant could not prove his case that he has requested to dismantle the connection with any document and the complainant deposed before the Forum that ''he is remembering that the opposite party has intimated to the complainant that the pipe is leaking after the point of meter''.
7. Since the complainant could not prove his case that he has requested to dismantle the connection, we cannot attribute any deficiency of service from the side of opposite party. The leakage of pipe after the point of meter is intimated to the complainant by the opposite party. It is the duty of the complainant to rectify the defects in the pipe after the point of meter. For that also we cannot attribute any deficiency of service from the side of opposite party. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the complainant there is no Order as to cost and compensation.
In the result, the complaint is dismissed. No Order as to Costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 25th day of May 2017.
Date of Filing:07.01.2017.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Younus. Agriculture.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1(1). Demand and Disconnection Notice. Dt:02.07.2016.
A1(2). Demand and Disconnection Notice. Dt:01.11.2016.
A1(3). Demand and Disconnection Notice. Dt:03.09.2016.
A2. Demand and Disconnection Notice. Dt:03.05.2016.
Exhibits for the opposite parties:-
B1(Series). Kerala Water Authority PH Division Sulthan Bathery
Revenue Adalath Details of Consumer No.KM419/D(5 pages).
B2(Series). Details of Meter reading in Consumer No.KM419/D(2 pages).
B3 (Series). Copy of Consumer Personal Ledger (2 pages).
B4(Series). Copy of Consumer Personal Ledger (4 pages).
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PRESIDENT, CDRF, WAYANAD.
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