Kerala

StateCommission

A/16/234

MATHEW - Complainant(s)

Versus

KERALA WATER AUTHORITY - Opp.Party(s)

S UNNIKRISHNAN NAIR

31 Dec 2016

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO. 234/16

JUDGMENT DATED:31.12.2016

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

 

M. Mathew,                                                                          

Muthoot House, Kozhencherry.                                     : PETITIONER

 

(By Adv: Sri. Narayan.R)

 

            Vs.

Kerala Water Authority,

R/by its Assistant Ex. Engineer,

Pathanamthitta Section,                                                   : RESPONDENT

Pathanamthitta-689 645.

 

(By Adv: Sri. Issac Samuel)

                                                                                               

JUDGMENT

HON.JUSTICE.P.Q.BARKATHALI : PRESIDENT

This is an appeal filed by the complainant in CC.39/15 on the file of Consumer Disputes Redressal Forum, Pathanamthitta, challenging the order of the Forum dated, February 29, 2016 in so far as Forum directed the complainant to pay 50% of the water bill dated, December 18, 2013.

2.      The case of the complainant as testified by him as PW1 and as detailed in the complaint before the Forum in brief is this:-

Complainant is a consumer of the opposite party, Kerala Water Authority having consumer No.1212/D at Kozhenchery.  The opposite party has not issued any bill from the water charge from 2010 to 2011.  The opposite party orally demanded Rs.10,000/- as water charge. As the opposite party threatened to disconnect the water connection complainant was forced to pay an amount of Rs.22,586/- on January 2, 2014.  On January 5, 2015 the opposite party issued a bill for Rs.44,891/- with the endorsement ‘meter is not working’.  On January 9, 2015 opposite party issued a notice to the complainant to change the meter as it is not working.  The bill dated, January 9, 2015 for Rs.44,891/- is illegal.  Therefore he has filed the complaint for cancellation of the bill dated, January 05, 2015 and January 09, 2015 and claiming compensation.

3.      Opposite party is Kerala Water Authority represented by its Assistant Executive Engineer, Pathanamthitta section.  He in his version contended thus before the Forum.  Up to December 2013 the total arrear was Rs.45,172/- of which complainant paid 50% ie Rs.22,586/- and the water connection was restored. In the revenue Adalath held on February 2015 instalment payment was allowed.  Complainant did not pay the amount.  Therefore on January 9, 2015 notice was issued demanding Rs.44,891/-.  The average consumption of water was 83K.ltr. per month for which Rs.22,583/- has to be charged.  Therefore complaint has to be dismissed.

4.      Complainant was examined as PW1 and the opposite party as DW1.  On the side of the complainant Exts.A1 to A4 were marked before the Forum.  On an appreciation of evidence Forum found that the bill Ext.A2 dated, January 5, 2015 is not correct and directed the opposite party to correct the said bill under the provisions of Kerala Water Authority Water Supply Regulations Act, 1991.  Forum has also directed the complainant to pay 50% of the bill amount Rs.22,586/-.  Complainant has come up in appeal challenging the said order of the Forum.

5.      Heard both the counsels.

6.      The only question which arises for consideration is whether the Forum is justified in directing the complainant to pay 50% of Ext.A2 bill amount.

7.      The Forum has already found that Ext.A2 bill dated, 5.1.2015 is not correct and directed the opposite party to correct the bill as per the provisions of section 17(a) and (d) of Kerala Water Authority (Water Supply Regulation) Act, 1991.  Therefore complainant is bound to pay only corrected amount.  That being so, Forum is not justified in directing the complainant to pay 50% of the bill amount.

In the result appeal is allowed.  The order of the Forum is modified to the effect that the direction to pay Rs.22,586/- ie 50% of the bill amount dated, January 18, 2013 is set aside.  Complainant need pay only the corrected bill amount to be issued by the opposite party.

 

 

JUSTICE P.Q. BARKATHALI  :  PRESIDENT

 

 

V.V. JOSE : MEMBER

 

VL.