IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 30thday of March, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M. Anto, Member
CC No. 110/2021 (Filed on 13.07.2021)
Complainants : 1. M/s Anand Theatres, TB Road
Kottayam, Kerala-686 001
Rep. by its Partner G.George
2. G.George, Partner
Anand Theatres, TB Road
Kottayam, Kerala-686 001
(By Adv.Sony Sebastian)
Vs
Opposite parties : 1. The Assistant Engineer,
P.H.Sub Division,
Kerala Water Authority
Kottayam, Kerala-686 002
2. The Managing Director,
Kerala Water Authority,
JalaBhavan, Vellayambalam
Thiruvananthapuram, Kerala-693033.
O R D E R
Sri.Manulal.V.S, President
The complaint is filed under section 35 of the Consumer Protection Act 2019.
Case of the complainant is as follows:
The first complainant is a partnership firm with its registered office at Kottayam. The second complainant is the partner of the first complainant. The complainantsavailed a non-domestic water connection from the opposite partiesvide consumer no. M13/185/I(ID:2355118599). The said water connection has been availed for the use of the management, staff and others of the first complainant theatre and the complainants also have a well in their premises from which water is used for the customers of the theatre.The second complainant and other partners of the first complainant are also dependant on the income from the theatre for their livelihood. The bi-monthly water usage of the connection has been about 130-150 KL and the complainant is remitting the entire bill promptly and there were no pending dues to the opposite parties. The opposite parties issued a bill dated13-02-2020 with a usage of 140 KL for an amount of Rs.11,808/- and the complainant paid the bill amount on07-03-2020.Thereafter complainant received bill dated 19-06-2020 from the period of 15-02-2020 to 24-06-2020 with a bi-monthly usage of 442 Kl , a penalty of Rs.1,705/- past dues of Rs.42,136/- along with water charges of rs.17,994/- , aggregating to rs.61,889/-. As soon as the bill was received, a complaint was duly registered with first opposite party however the first opposite party failed to redress the grievances of the complainant.
Thereafter, during the period of lockdown itself, while the theatre was not operating , the complainants received bill dated 08-10-2020 for the period of 25-06-2020 to 13-10-2020 with a consumption of 426 Kl , a penalty of Rs.1,807/-, past dues of Rs.90,371/- along with water charges of rs.8,688/- aggregating to rs.1,00,848/-.This time also a complaint was raised with first opposite party on 13-10-2020, but there was no response from the first opposite party. Subsequently a further bill dated 15-12-2020 with only 18 Kl water usage and rs.1,020/- as water charges with dues and penalty and an another bill dated 04-02-2021 for the period upto 10-02-2021 with a bi-monthly water usage of 18KL, water charges at rs.1,062/- and dues of Rs.73,260/- and penalty of Rs.2,960/- aggregating to Rs.77,226/- with a time limit for payment upto05-03-2021 without fine and upto 20-03-2021 with fine were received by the complainant.
In the meanwhile a disconnection notice threatening to initiate revenue recovery was served to the complainant, if the amount of Rs.77,226/- was not paid on 28-02-2021, while the notice itself was served on the complainants on 01-03-2021. It is averred in the complaint that none of the figures for the alleged past dues tally with the earlier bills. The consumption of water shown is without any verification and there is no basis or any standard rate for the calculation of water charges. The bills are seen prepared mechanically by the opposite parties without even any application of mind. In order to avoid a disconnection andfurther hardship the complainants were constrained to pay Rs.77,226/- by demand draft under protest. Thereafter on 03-03-2021 the complainant caused notices to Assistant Executive Engineer and Managing Director of the water authority raising the issues,however there was no response.
After that another bill dated 19-04-2021 was served to the complainant for the period from 09-02-2021 to 28-04-2021 with a consumption of 962KL, past dues/additional amount of Rs.12,956/-, with water charges of Rs.39,280/- aggregating to Rs.52,236/-. It is averred in the complaint that the opposite parties have not cared to respond or to offer any resolution to resolve the grievances and hardship faced by the complainant and once again mechanically issued the baseless bills. According to the complainants the above said acts of the opposite parties amounts to deficiency in service and unfair trade practice and opposite parties are liable to refund the amount paid under protest and to issue proper and correct bills. Hence this complaint is filed by the complainants praying for an order to quash bills bearing numbers. 57899999 dated 13-02-2020, 62592372. dated 19-06-2020, 66563844 dated 08-10-2020,6929187 dated 15-12-2020,71373226 dated 04-02-2021 and bill no 74571458 dated 19-04-2021 and to direct the opposite parties to refund Rs.77,226/- which is paid by the complainants under protest with 15% interest and to properly verify and issue correct bills to the complainant based on the water meter reading recorded by the complainant.
Upon notice opposite parties appeared before the commission and filed joint version contending as follows:
The complainants had paid Rs.11,808/- towards water charges in the month of March 2020.Thereafter the complainants paid only Rs.77,226/- towards the water charges till the month of March 2021. As per meter reading the consumption of the complainants as on 14-02-2020 was 3692KL and as on 28-04-2021 was 5954KL. The meter reading of the complainants was promptly taken and recorded on 24-06-2020,13-10-2020, 09-02-2021 and 28-04-2021. All the bills were issued to the complainants as per the meter reading. As on 19-04-2021 there was a dues of Rs.51,736/- for the consumption of 962KL water for the period from 09-02-2021 to 28-04-2021. The meter reading of the complainant was 5988 between the period from 28-04-2021 and 05-08-2021. There is no deficiency in service or unfair trade practice on the part of the opposite party.
Complainant filed proof affidavit in lieu of chief examination and Exhibits A1 toA23 from the side of the complainant. N.I. Kuriakkose who is the first opposite party filed affidavit in lieu of chief examination and marked exhibit B1 from the side of the opposite parties.
On evaluation of complaint, version and evidence on record we would like to consider the following points.
- Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?
- If so what are the reliefs and costs?
For the sake of convenience we would like to consider the point number 1 and 2 together.
The complainant alleged that opposite party issued Exhibits A2,A4,A7,A10,A11 and A12 billswithout any basis. The opposite party justifies the issuance of these bills relying on the average bimonthly consumption of water as per the regulation.
Exhibit A2 bill dated13-02-2020 is the demand cum disconnection issued by opposite parties to the complainants. In which included the bimonthly water charges for Rs.11,800/-,additional charges as Rs.8/-.On going through exhibit A2 we can see that the same was issued for the water consumption of 140 KL during the period 15-10-2019 to 14-02-2020.
Exhibit A4 bill dated. 19-06-2020 is the demand cum disconnection notice issued by opposite parties to the complainants. In which included the bimonthly water charges forRs.17,994/- ,arrears as Rs.42,186/- and Rs.1,705/- as penalty. In order to prove the consumption, meter reading of the complainant and the demand from opposite party and collection from the complainant Exhibit B1 the consumer details of the complainant is produced by the opposite party. In which the water charges vide bill dated 17-04-2020 is shown as Rs.17,998/- , fine as Rs.0, excess/ short falls Rs.24,188/- and arrears as Rs.0/-. Howeveragainst the details of bill dated 13-02-2020 it was recorded arrears as Rs.0, water charges as Rs.11,808/-, fine as Rs.0, excess/shortfall as Rs.0, other addl as Rs.0. Admittedly the complainant had paid Rs.11,808/- on 07-03-2020 vide Exhibit A3 receipt. The opposite party did not explain why and how they are arrived at conclusion that there was a short fall of Rs.24,188/- from the complainant on 17-04-2020. On perusal of exhibit A4 we can see that the same was issued by the opposite parties including Rs.24,188/- which is shown as short fall in the bill details dated 13-04-2020 as per Exhibit B1.
Exhibit A7 bill dated08-10-2020 is the demand cum disconnection notice issued by opposite parties to the complainantsin which included the bimonthly water charges forRs.8,668/-,arrearsas Rs.90,371/- and Rs.1,807/- as penalty.Exhibit A7 also issued by the opposite parties including Rs.24,188/- which is shown as short fall in the bill details dated 13-04-2020 as per Exhibit B1.
On perusal of Exhibit A10 bill dated 15-12-2020 we can see the opposite party had made demand for arrears as Rs.73,278/- and water charges as 1020. On a close scrutiny in the details regarding the additional charges we can see that the opposite party has calculated rs.1,00,848/- as additional charge, fine as Rs.4,074/- and inspection charge as Rs.4/-. It is pertinent to not that in exhibit A10 opposite party has made a deduction of Rs.32,668/- as adjustment towards the previous bills. And they finally demanded Rs.72,258/- as additional amount vide exhibit A10. This adjustment towards the previous bills were contrary to the specific case of the opposite party that in the year 2020 the complainants had paid only Rs.11,808/- towards the water charges. In the version as well as in the proof affidavit they did not put forward any explanation with respect to how and why they made this adjustment of Rs. Rs.32,668/- in Exhibit A10. Though the opposite party vide exhibit A10demanded Rs.73,278/- including the water charges of Rs.1,020/- and Rs.72,258/- as additional charges.In Exhibit B1 consumer details shows that the water charges as Rs.1,006/-,fine as 4074, Rs.1,00,848/- as arrears and Rs.32,668/- as excess payment and total amounts to Rs.73,260/- as on 15-12-2020.
Ext.A11 bill dated. 04-02-2021 is the demand cum disconnection issued by opposite parties to the complainants. Wherein included the bimonthly water charges of for Rs.1,002/-, additional charges as Rs.76,224/-. Vide Exhibit A12 the opposite party demanded payment of Rs.77,226/- to avoid the disconnection of the water connection. On a close scrutiny of the above discussed bill we can see that the opposite party has carried out Rs.24,188/- which is shown as short fall in the bill details dated 17-04-2020 to the subsequent bills and issued Exhibit A4,A7,A10,A11 and A12.
During the course of argument the learned counsel for the complainant pointed out that Exhibit A4 is fabricated bill as the bill date shown before the date of inspection. On perusal of Exhibit A4 the bill dated 19-06-2020 the reading date shown is 24-06-2020 the same way adopted in ExhibitA7 the bill dated 08-10-2020 reading collected on 13-10-2020. Similarly, in Exhibit A10 the bill dated 15-12-2020 the reading date shown is 16-12-2020 the same way adopted in ExhibitA11 the bill dated 04-02-2021 reading collected on 10-02-2021.The period for which additional charges is demanded is not stated in exhibit A4,A7 and A11 bills. Admittedly the complainant paid the water charges uptoFebruary 2020. Admittedly Ext.A4,A7,A10,A11 and A12 bills were issued by the opposite party but they have not made any explanation regarding those anomalies in A4,A7,A10,A11 and A12 bills.
It is evident that based on exhibits A4,A7,A10, and A11 bills the opposite party has issued Exhibit A12 notice to the complainant. Admittedly complainant had paid Rs.77,226/- vide exhibit A17 receipt. Admittedly this amount includes the fine and penalty of 2% for the non paymentof water charge in time.
If the opposite party had issued the bill in accordance with the provisions of law complainant would have not been compelled to remit Rs.77,226/- towards the arrears of water charge in pursuant to issuance of Exhibit A11 notice.
In the absence of convincing evidence from the opposite party, we have no hesitation to hold that Exhibit A3 and all the subsequent bills are not genuine and those are created by the opposite party without any basis. It is the bounden duty of the opposite party to substantiate their contention with sufficient evidence. Here there is no evidence from the side of the opposite party to show that Exhibit A4 and other bills are genuine. So Exhibit A4,A7,A10 and A11 billsare found fabricated.
In the result the complaint is allowed and directed as follows:-
- We hereby cancel the bills bearing numbers. 57899999 dated 13-02-2020, 62592372. dated 19-06-2020, 66563844 dated 08-10-2020,69292187 dated 15-12-2020and bill no.71373226 dated 04-02-2021 which are issued by the opposite party to the complainant. It is further made clear that the opposite party is at liberty to issue fresh bills for the actual consumption of the complainant without levying any penal charge.
- The opposite party is directed deduct from the future bill Rs.77,226/- which is paid by the complainants under protest.
The order shall be complied within one month from the date of the receipt of copy of this order.
Pronounced in the Open Commission on this the 30th day of March, 2023.
Sri. Manulal.V.S, President sd/-
Smt.Bindhu.R, Member sd/-
Sri. K.M. Anto, Member sd/-
Appendix
Exhibits marked from the side of complainant.
A1- Copy of water meter reading of Anand Theatres
A2- Original bill of Kerala Water Authority dated 13.02.2020
A3- Original receipt of Kerala Water Authority dated 13.02.2020
A4- Original bill of Kerala Water Authority dated 19.01.2020
A5- Copy of letter to the Assistant Engineer, Kerala Water Authority, Kottayam dated 24.08.2020.
A6- Copy of postal acknowledgment card
A7- Original bill of Kerala Water Authority dated 08.10.2020
A8- Copy of letter to the Assistant Engineer, Kerala Water Authority Kottayam dated 13.10.2020.
A9- Original Postal acknowledgment card
A10- Original bill of Kerala Water Authority dated 15.12.2020
A11- Original bill of Kerala Water Authority dated 04.02.2021
A12- Intimation letter from Assistant Executive Engineer,P.H.Sub Division, Kerala Water Authority, Kottayam.
A13- Letter to the Assistant Executive Engineer, Kerala Water Authority dated 03.03.2021.
A14- Letter to the Assistant Executive Engineer, Kerala Water Authority dated 03.03.2021.
A15- Original postal acknowledgment card
A16- Original postal acknowledgment card
A17- Original receipt of Kerala Water Authority dated 4.02.2021
A18- Original bill of Kerala Water Authority dated 19.04.2021
A19- Original bill of Kerala Water Authority dated 5.08.2021
A20- Original bill of Kerala Water Authority dated 08.11.2021
A21- Copy of letter to the Assistant Engineer, P.H.Sub Division, Kottayam.
A22- Copy of chequedated 20.08.2022.
A23- Minutes of the meeting of the partners of M/s Anand Theatres
Exhibits marked from the side of opposite party.
B1- Bill details of Kerala Water Authority, Kottayam Sub Division.
By order
sd/-
Assistant Registrar
