IN THECONSUMER DISPUTES REDRESSAL FORUM KOTTAYAM

Present

     Hon’ble Mr. Bose Augustine, President

             Hon’ble Mr. K.N. Radhakrishnan, Member

        Hon’ble Mrs. Renu.P.Gopalan, Member

CC No. 47/13

Monday the 12^th day of January, 2015

Petitioner                                              :   K.P. Chellamma,

                                                                W/o .Late C.K. Kesavan Nair

                                                                Karthika House, Thaliyilkotta,

                                                                Thazhathangady PO, Kottayam.

                                                             (B y Adv. K.Venugopal Ambady)

Vs

Opposite parties                                 :    1) The Asst.Executive Engineer

                                                                   Kerala Water Authority,

                                                                   Water Works Sub Division,

                                                                   Kottayam-2

                                                                2) The Kerala Water Authority

                                                                   Repted by Managing Director,

                                                                    Trivandrum.

ORDER

Hon’ble Mr. Bose Augustine, President

          The case of the complainant filed on 23/02/13 is as follows.

          The complainant Purchased his house from his sister as per sale deed No.1263/76 of Kottayam SRO.  There was a water connection of opposite party in the name of prior owner having consumer No.K-20/186/D.  According to the complainant from the date of purchase he is the owner and possessor of the above mentioned water meter connection and he is remitting the water charges to the office of the 1^st opposite party.  The water charges are paid in advance and the same was paid till September 20113.  According to the complainant he was received a bill dated 13-12-12 issued by the 1^st opposite party addressed to her sister, prior owner, demanding Rs.7,999/- as arrears from 10-3-08 to 8-11-12, failing which will entail penal charges / or disconnection without further notice.  On 14-1-13 complainant filed objection to the 1^st opposite party.  And on 23-1-13 a water meter inspector of opposite party who had already inspected the meter, had inspected the water meter again and filed a report to the 1^st opposite party.  Subsequently 1^st opposite party issued a letter demanding the payment of arrear amount of Rs.8837/- within 15 days which was received on 12-2-13. According to the complainant on enquiry it is understand that from 2011 the water slab amount which had been paid in advance has been changed to a higher slab, since the consumption of water is found to be higher.  According to the complainant change of the slab has not been intimated to the consumer and the water supply during the above said period is almost very low.  The complainant is mainly depending on well  in which a motor pump is connected.  So the change of the slab on the ground of higher consumption of water is not correct.  According to the complainant during the year 2008 to 2012 there is acute water shortage in the locality and the water authority has not done anything to the regular supply of water.  And even now water supply in the locality is only for 2 to 3 days in a week and that too for only 2 to 3 hours a day.  So the Kottayam Municipal authorites are supplying water to the inmates of the locality in water tank.  According to the complainant the water meter is in a slanding position and hence there is every change of air passage that can cause higher reading even though there is no water supply.  According to the complainant opposite party has not regularly taken meter reading.  The issuance of bill demanding arrears without taking meter reading is amounts to deficiency in service and unfair trade practice on the part of opposite party.  Hence this complaint.

          The opposite party filed version contenting that the complainant is not a consumer of Kerala Water Authority.  The consumer No.K20/186/D is in the name of K.R.Ponnamma.  If the complainant had purchased the property  he had to change the ownership of water connection by remitting the necessary fees.  The water charge of the said consumer number  was remitted upto September 2013 on

 3-10-12 @ Rs.29 per month.  According to opposite party it was provisional water charges and subject to adjustment after taking the meter reading.  On 6-11-12, a meter reading was taken and it was 1874 KL. So the monthly consumption of the consumer was enhanced to 32.7 KL and monthly water charge was revised from the previous reading at the rate of Rs.179/- per month.  Thus an additional bill of Rs.7999/- was served to the consumer and consumer is bound to pay the additional charges after taking meter reading.  According to the opposite parties they were regularly supplying water to the consumer during the year 2008 to 2012 and it is clear from the meter readings of the consumer.  And on 23-1-13 meter reading was taken as 1954 KL and the monthly water charges of the complainant is Rs.164/-.  As per this reading, the water charge arrears of the complainant is Rs.8337/-.  According to the opposite parties water authority was supplying water regularly on the locality of the complainant and the complainant was using more water during this period.  The change of slab of the consumer is only due to the higher consumption of water.  The high meter reading is not due to the passage of air and there is no chance of the any air passage.  According to the opposite party additional bill is on the basis of meter reading taken and it depends upon the consumption of water.  According to the opposite parties the change of slab of the consumer is due to the increase of water consumption and it was intimated to the consumer through the additional bill.  According to the opposite party issuance of the bill is as per consumption based on meter readings and there is no deficiency in service on the part of opposite parties and they prayed for dismissal of the complaint with their cost.

Points for consideration are:

1. Whether there is any deficiency in service on the part of opposite parties?
2. Reliefs and costs?

Evidence in this case consists of the proof affidavits of both sides and Ext.A1 to A7 documents.

Point No.1

          According to the complainant the bill issued by the opposite party Water Authority on 13-12-12 for an amount of Rs.7999/- is without any basis.  So complainant prays for setting aside the bill.  The copy of the disputed bill is produced and the same is marked as Ext.A3.  In Ext.A3 the period of bill is shown as 10-3-2008 to 30-11-2012.  According to the opposite party the bill is issued for the water charges actually consumed by the complainant.  The complainant paid only the provisional water charges.  On 6-12-12 meter reading was taken and based on the then monthly consumption PIC(Provisional Invoice Charge) has enhanced to Rs.179/- per month.  The opposite party has eventhough raised a contention stating that the bill is issued for actual consumption,  nothing has placed on records to prove the consumption of the complainant.  The consumer personal ledger or else meter reading is not produced.  Opposite party has no case that the meter reading was taken within 6 months and slab of the consumer is fixed in accordance with Water and Sewerages Regulation.  In our view act of the opposite party in issuing bill against provisions of the Regulation amounts to deficiency in service.  Point No.1 is found accordingly.

Point No.2

          In view of the findings in Point No.1 complaint is allowed.

          In the result

1. The bill dated 13-12-12 for an amount of Rs.7,999/- is cancelled.

2. Considering the facts and circumstances of the case no cost and

compensation is ordered.

            Pronounced in the Open Forum on this the 12^th day of January,2015.

Hon’ble Mr. Bose Augustine, President        Sd/-

           Hon’ble Mr. K.N. Radhakrishnan, Member  Sd/-

            Hon’ble Mrs. Renu.P.Gopalan, Member     Sd/-

Appendix

Documents of complainant

Ext.A1-Copy of sale deed No.1263/76

Ext.A2-Copy of Provisional Invoice Card

Ext.A3-Copy of consumer bill dtd 13-12-12

Ext.A4-Copy of letter dtd 14-01-13

Ext.A5-Notice issued by KWA

Ext.A6-Series of demand & disconnection notice(4 Nos)

Ext.A7-Copy of order in CC No.101/2010 dtd 31-8-10

Documents of opposite party

Nil

By Order,

Senior Superintendent