BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 28/02/2014
Date of Order : 07/06/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 139/2014
Between
1. Bhaskaran P.R., | :: | Complainant |
S/o. P.P. Raman, Puvathumparambil, Eloor, Kizhakumbagam, Udyogamandal – 683 501. 2. Rajesh. P.B., S/o. Bhaskaran. P.R., Puvathumparambil, Eloor, Kizhakumbagam, Udyogamandal – 683 501. | | (By Adv. Varghese Parambil, Joseph & Parambil Lawyers, P.H. Extn Road, Ernakulam North, Kochi – 18.) |
And
Kerala Water Authority, | :: | Opposite Party |
Rep. by the Assistant Executive Engineer, Water Supply Sub-Division, Kalamassery – 683 104. | | (By Adv. P.A. Augustine, 91, D.D. Tex World, Market Road, Kochi – 11.) |
O R D E R
A. Rajesh, President.
1. The complaint is preferred by the complainant to get the impugned bills cancelled and also seeking a direction against the opposite party to issue a fresh bill based on the actual consumption of water by the complainant.
2. Heard the learned counsel for the parties and perused the documents on record. Admittedly, the complainant has not remitted the water charges from 04-01-2010 till date. It is not in dispute that the water meter had been working from 04-01-2010 to 21-06-2010 and the same became defunct thereafter. So, the disputed bills issued by the opposite party on the basis of the readings in the defective meter is not sustainable in law.
3. To set things right, we pass the following order :-
We set aside the bills in question.
The complainant shall take immediate steps to replace the defective water meter.
The opposite party shall issue a fresh water charge arrear bill to the complainant for the period from 04-01-2010 from the date of replacement of the water meter taking long average consumption of water by the complainant from 04-01-2010 to 21-06-2010 not to mention without any interest or surcharge.
The opposite party shall grant 3 monthly instalments to the complainant to remit the amount as per the fresh water charge arrear bill. It is made clear that if the complainant fails to remit the amounts within time, the amount shall carry interest @ 12% p.a. till payment. The order in I.A. No. 180/2014 is made absolute.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 7th day of June 2014.
Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/- V.K. Beena Kumari, Member.
Forwarded/By Order,
Senior Superintendent.
