IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 29th day of July, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 45/2021 (filed on 19-02-2021)
Petitioner : K.J. Thomas,
Kollamparambil House,
Koovappalli P.O.
Pin – 686518
Kanjirappalli.
(Adv. Jose Joseph)
Vs.
Opposite Parties : (1) Kerala Water Authority.
Rep. by its Managing Director,
Jalabhavan, Vellayambalam,
Trivandrum – 695033.
(2) Asst. Executive Engineer,
Kerala Water Authority,
P.H. Subdivision,
Ponkunnam – 686560.
(For Op1 and 2, Adv. K.M. George)
O R D E R
Sri. Manulal V.S. President
Case of the complainant is as follows:
Complainant is a consumer of the opposite parties vide consumer number PRH-73/D since last 30 years. The opposite parties fixed the monthly water charge for the complainant as Rs.40. Complainant had constructed a well in his property and he is using the water from the said well for his domestic purpose and agricultural purpose. However he usually uses the water from the water connection of the opposite parties for domestic purpose in the months of March, April and May.
It is submitted in the complaint that Geordy who is the son of the complainant had been running poultry farm in the property during the period of 2008-2018. He had constructed another well for collecting water to the said farm. The said farm was not functioning from 2018 onwards. It is averred in the complaint that usually opposite parties records the meter reading once in a year and bill will be issued on the basis of the said reading. The annual bill of the complainant was below Rs.1000/- till 2019. On 26-11-2019 the opposite party issued bill for an amount of Rs.1,745/- and the complainant paid the amount without any fault. Thereafter on 16-3-2020 the meter reading was recorded by the opposite party and a bill for an amount of Rs.4,449/- was issued to the complainant after converting his domestic connection into non domestic category. The reason for converting the domestic connection is stated as there was a non-working poultry farm in the vicinity. Thereafter opposite parties issued a bill for an amount of Rs.20,326/- on 17-9-20 and another bill for an amount of Rs.73,467 on 12-1-21 were issued to the complainant. It is submitted in the complaint that the meter reading was recorded as 1689 and 1827 as on 18-3-20 and 12-1-21 respectively. It is averred in the complaint that without giving notice to complainant the opposite parties converted the category of the connection as nondomestic and illegally demanded excess amount from the complainant. The said act of the opposite parties amounts to deficiency in service and unfair trade practice. Hence this complaint.
Upon notice opposite parties appeared before the Commission and filed version as follows:
The averment in the complaint that the complainant is using the water connection only for domestic purpose is false. During the year 2019 while the meter reader of the opposite parties recoding the meter reading it was found that the water from the service connection provided by the opposite parties is illegally
tapped to an underground tank which situates nearby the poultry farm by using a flexible hose. Thereafter an inspection was conducted by assistant engineer and it was found that the report of the meter reader was true and demanded the complainant to convert the connection into non domestic category. Moreover on perusal of previous records it is found that the consumption of the complainant became considerably higher than the previous years. On examination of the water
stored in the underground tank it was found that the said water contains chlorine as equivalent to the percentage of chlorine in the water supplied by the opposite parties. On 24-7-2019 the meter reading of the complainant was 972 kl, 1689 kl as on 10-3-20, 1786kl as on 17-9-20 and 1827 as on 12-1-21. It is submitted in the version that the complainant had used the water for the commercial purpose and hence the opposite parties converted the connection into non domestic category. |On 17-11-2020 a disconnection notice was issued to the complainant. There was no deficiency in service or unfair trade practice on the part of the opposite parties.
Complainant filed proof affidavit in lieu of chief examination and exhibits A1 to A5 were marked. Second opposite party filed proof affidavit in lieu of chief examination and marked exhibits B1 to B3 from the side of the opposite parties.
- Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties?
- If so what are the reliefs and costs
Point number one and 2 together.
There is no dispute on the fact that the complainant is consumer of the opposite party by availing a domestic water connection from the opposite parties vide consumer no. PRH-73/D. The specific case of the complainant that in the bill issued dated 16-3-20 the opposite party unilaterally converted his domestic
water connection as non-domestic water connection without giving any notice to him. It is further alleged that opposite parties illegally issued two demand bills for his consumption for Rs.20,326/- and Rs.73,467/- on 17-9-20 and 12-1-2021 respectively.
The complaint was resisted by the opposite parties that during the year 2019 the meter reader found and reported that the complainant had been illegally tapping the water from the connection provided by the opposite parties to an underground water tank which was constructed nearby poultry farm in the property of the complainant. It is further submitted by the opposite parties that on examination of the water from the underground water tank it is found that the said water contained the same percentage of chlorine which the water supplied by the water authority had.
Sub-section (f) of Section 2 of the Kerala Water Authority (Water Supply) Regulations, 1991 the term “domestic connection” is defined as “a category of water supply connection provided from the main to premise to supply water for domestic purposes”.
Section 37 of the Kerala Water Supply and Sewerage Act, 1966 reads as follows :-
37. Definition of Supply of Water for domestic purposes. The supply of water for domestic purposes under this Act means supply of water for any purpose except the following namely :-
a) for any commerce or trade, manufacture or business;
b) for gardens or for purposes of irrigation;
Explanation: In respect of premises used solely for residential purposes and having attached kitchen and domestic gardens, such domestic gardens shall not be treated as gardens for the purpose of this clause.
A reading of the above provisions would indicate that supply of water for residential purposes is coming under domestic purpose. The question to be decided is whether the petitioner is entitled for water charges at domestic rate or not?
On perusal of exhibit B1 we can see the category of connection was changed by the opposite parties to non-domestic category on 18-3-2020. It can be seen from Ext B3 that the meter reader of the opposite parties 1 &2 has reported that the water for poultry farm was taken from the domestic connection provided to the complainant. Though the second opposite party contended that he along with overseer had inspected the premises of the complainant and found that the water was used for non-domestic purpose however no inspection report was produced before us to prove their case. It is pertinent to note that according to the opposite party they had tested the water collected from the underground water tank and satisfied that the same had the equivalent percentage of chlorine which was supplied by them through the domestic water connection to the complainant.
However opposite parties did not produce the said report before us to substantiate their case. So it is clear that the complainant is not drawing the water from the pipeline. The opposite parties have not done their duty on time which caused much hardship and mental agony to the complainant.
It is proved by exhibit A2 that the opposite party has issued a bill for an amount of Rs.4449/- on 16-3-20 under domestic tariff..
Thereafter opposite parties has issued Exhibit A4 demand and disconnection notice to complainant on 11-1-21. On perusal of exhibit A4 we can see that the said bill was issued as noon domestic category and opposite parties levied the charges for non-domestic connection form the complainant.
Regulation 13 of water supply regulations stipulated the procedure to be adopted in the matter of assessment of water charges. Regulation 13 (C) read as follows:-
The Authority may also introduce a slab system for collection of water charges. The slab so fixed shall be revised if the consumption of water at the premises of the consumer is found to have increased or decreased as the case may, based on the observations of meter readings taken in the subsequent six months to the last period.
In this case, the Exhibit A4 bill has been issued without taking reading as stipulated under clause (c) of regulation 13. The said acts of the opposite party caused mental agony to the complainant. No doubt, the complainant is bound to pay the charges for the water which was consumed by him.
Since 2nd opposite party is the Managing Director of 1st opposite party, 2nd opposite party is also vicariously liable for the act done by 1st opposite party. Hence we find that the complainant has succeeded in proving their case and there is deficiency in service from the side of opposite parties 1 &2.
Considering the circumstances and nature of the case we allow the complaint as pass the following order.
- We hereby set aside the bill issued by the opposite parties to complainant on 16-3-20, 17-9-20 and 12-1-21. It is further made clear that the opposite parties are at liberty to issue fresh bill under the category of domestic connection to complainant without levying any penal charge or interest.
- Considering the nature of the case we are not inclined to allow the prayer for cost and compensation.
Pronounced in the Open Commission 29th day of July, 2022.
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 – Provisional invoice issued by opposite party
A2 – Copy of demand and disconnection notice dtd.16-03-20
A3 –Copy of notice dtd.17-9-20 by opposite party to petitioner
A4– Copy of demand and disconnection notice dtd.11-01-21
A5 series– Demand and disconnection notices (4nos.)
Exhibits marked from the side of opposite party
B1 – Copy of consumer personal ledger issued by opposite party
B2 – Copy of consumption chart
B3 – Copy of letter dtd.27-02-2020 issued by opposite party to petitioner
By Order
Assistant Registrar
