IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 30th day of March, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M. Anto, Member
CC No. 111/2021 (Filed on 13.07.2021)
Complainants : 1. M/s Abhilash Theatres, TB Road
Kottayam, Kerala-686 001
Rep. by its Partner G.George
2. G.George, Partner
Abhilash Theatres, TB Road
Kottayam, Kerala-686 001
(By Adv.Sony Sebastian & Adv.Eldho Jacob Philip)
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,
Jala Bhavan, 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 complainants availed a non-domestic water connection from the opposite parties vide consumer no. M13/186/N (ID:2355118611). 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 50-80 KL and the complainant is remitting the entire bill promptly and there are no pending dues to the opposite parties. The opposite parties issued a bill dated 13-02-2020 with a usage of 296 KL for an amount of Rs.2,032/- and the complainant paid the bill amount on 07-03-2020. 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 146 Kl , a penalty of Rs.428/-, past dues of Rs.10,593/- along with water charges of Rs.4,205/- aggregating to Rs.15,230/-. 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 89 Kl , a penalty of Rs.295/-, past dues of Rs.14,753/- along with water charges of Rs.999/-, aggregating to Rs.16,049/- 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 22 Kl water usage and Rs.1,180/- as water charges with dues and penalty and on another bill dated 04-02-2021 for the period upto 10-02-2021 with a bi-monthly water usage of 22KL, water charges at Rs.437/- and dues of Rs.14,018/- and penalty of Rs.556/- aggregating to Rs.15,025/- with a time limit for payment upto 05-03-2021 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.15,025/- is not paid by 28-02-2021, while the notice itself was served on the complainants on 01-03-2021. It is averred in the complaint that no 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 and further hardship the complainants were constrained to pay Rs.15,025/- 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 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 34KL, past dues/additional amount of Rs.1,332/-, with water charges of Rs.634/- aggregating to Rs.1,996/-. 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. 6292373 dated 19-06-2020, 66563845 dated 08-10-2020,6929188 dated 15-12-2020, 71373227 dated 04-02-2021 and bill no 74571450 dated 19-04-2021 and to direct the opposite parties to refund Rs.15,025/- 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 complainant had paid Rs.15,025/- towards water charges on 03-03-2021. There was a due of Rs.1,996/- as the bill for the month of April 2021. All the bills were issued to the complainants as per the meter reading. If there is any fine that is due to the non payment of water charges in time. There was a consumption of 44.59 KL/month during the period from 14-02-2020 to 24-06-2020 and consumption of 11.24 KL/month during the period of 24-06-2020 to 13-10-2020. Due to the non payment of the water bill within the specified time a fine at rate of 2% is also levied. The penalty which was imposed vide bill no.6929188 dated 15-12-2020 was due to the non payment of prior bi-monthly bill. In the year 2020 the complainants had paid only Rs.2,032/- on 07-03-2020. In order to realize the arrears the disconnection notice was issued to the complainant on 28-02-2021 and the complainant paid Rs.15,025/- on 03-03-2021. The bill is issued for the actual consumption of the complainant on the basis of the meter reading and the complainant is legally bound to pay the amount. The meter reading is taken in accordance with provisions of the act. The bills were issued after taking the bi-monthly meter reading so the bills for the current month consumption is recorded in the succeeding months bill. So as there was deduction of rs.4,412/- which was effected in the bill dated 03-09-2020 and deduction of rs.3,120/- was effected in the bill dated 15-12-2020. The complainants had not paid the bill for an amount of Rs.1,966/- for the consumption of 17 KL/month for the period of 02-2021 to 03-2021. The said bill includes Rs.638/- and rs.1,328/- as additional amount. 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 and A25 from the side of the complainant. N.I. Kuriakkose R who is the first opposite party filed chief 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 exhibit A3, A6, A9, A10 and A17 bills without any basis. The opposite party justifies the issuance of these bills relying on the average bimonthly consumption of water as per the regulation.
Exhibit A3 bill dated 19-06-2020 is the demand cum disconnection issued by opposite parties to the complainants. In which included the bimonthly water charges of Rs.4,205/-, arrears as Rs.11,025/- and Rs.428/- 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.4,029/-, fine as Rs.0, excess/ short falls Rs.6,348/- and arrears as Rs.0/-. However against the details of bill dated 13-02-2020 it was recorded arrears as Rs.0, water charges as Rs.2,032/-, fine as Rs.0, excess/shortfall as Rs.0, other addl as Rs.0. Admittedly the complainant had paid Rs.2,032/- on 07-03-2020 vide Exhibit A2 receipt. The opposite party did not explain why and how they arrived at the conclusion that there was a short fall of Rs.6,348/- from the complainant on 17-04-2020. On perusal of exhibit A3 we can see that the same was issued by the opposite parties including Rs.6,348/- which is shown as short fall in the bill details dated 13-04-2020 as per Exhibit B1.
Ext.A6 bill dated 08-10-2020 is the demand cum disconnection issued by opposite parties to the complainants in which included the bimonthly water charges of Rs.999/-, arrears as Rs.14,753/- and Rs.295 as penalty. A7 also issued by the opposite parties including Rs.6,348/- which is shown as short fall in the bill details dated 13-04-2020 as per exhibit B1.
On perusal of exhibit A9 bill dated 15-12-2020 we can see the opposite party had made demand for arrears as Rs.14,761/- and water charges as Rs.1,180/-. On a close scrutiny in the details regarding the additional charges we can see that the opposite party has calculated rs.16,049/- as additional charge, fine as Rs.648/- and inspection charge as Rs.4. It is pertinent to not that in exhibit A9 opposite party has made a deduction of Rs.3,120/- as adjustment towards the previous bills and they finally demanded Rs.13,581/- as additional amount vide Exhibit A9. 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.2,032/- on 07-03-2020 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.3,120/- in Exhibit A9. Though the opposite party vide Exhibit A9 demanded Rs.14,761/- including the water charges of Rs.1,180/- and rs.14,761/- as additional charges, in Exhibit B1 consumer details it is shown as the water charges as Rs.441/-, fine as Rs.646/-, rs.16,049/- as arrears and total amounts to Rs.14,108/- as on 15-12-2020.
Ext.A10 bill dated 04-12-2021 is the demand cum disconnection issued by opposite parties to the complainants wherein the bimonthly water charges of Rs.437/-, additional charges as Rs.14,588/- are included. Vide Exhibit A10 the opposite party demanded payment of Rs.15,025/- 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.6,348/- which is shown as short fall in the bill details dated 13-04-2020 to the subsequent bills and issued Exhibit A6, A9 and A10 bills.
During the course of argument the learned counsel for the complainant pointed out that Ext.A3 is fabricated bill as the bill date shown before the date of inspection. On perusal of Ext.A3 the bill dated 19-06-2020 in which the reading date shown is 24-06-2020. The same way is adopted in Exhibit A6, the bill dated 08-10-2020 in which reading collected on 13-10-2020. Similarly, in Exhibit A9 the bill dated 15-12-2020 in which the reading date shown is 16-12-2020. The same way adopted in Exhibit A10 the bill dated 04-02-2021 in which reading collected on 10-02-2021. The period for which additional charges is demanded is not stated in Exhibit A3, A6, A9 and A10 bills. Admittedly the complainant paid the water charges upto February 2020. Admittedly Ext.A3, A6, A9 and A10 bills were issued by the opposite party but they have not made any explanation regarding those anomalies in Ext.A3, A6, A9 and A10 bills.
It is evident that based on Exhibits A3, A6, A9 and A10 bills the opposite party has issued A11 notice to the complainant. Admittedly complainant had paid Rs.15,025/- vide Exhibit A16 receipt. Admittedly this amount includes the fine and penalty of 2% for the non payment water charge in time. If the opposite party had issued the correct bills of the complainants would not have been compelled to remit Rs.15,025/- towards the arrears of water charge pursuant to issuance of Exhibit A11 notice.
In the absence of convincing evidence from the opposite party, we have no hesitation to hold that Ext.A3 and all the subsequent bills are not genuine and those are created by 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 Ext.A3 and other bills are genuine. So Ext.A3, A6, A9 and A10 bills are found fabricated.
In the result the complaint is allowed.
ORDER
- We hereby cancel the bills bearing numbers. 6292373 dated 19-06-2020, 66563845 dated 08-10-2020, 6929188 dated 15-12-2020, 71373227 dated 04-02-2021 and bill no 74571450 dated 19-04-2021 which is 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 to deduct Rs.15,025/- from the future bill 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 Abhilash theatres.
A2- Original receipt of Kerala Water Authority, Kottayam P.H Subdivision, dated 13.02.2020.
A3- Original bill dated 19.06.2020 issued by Kerala Water Authority, Kottayam P.H Sub division
A4- Copy of letter to the Asst. Engineer, Kerala Water Authority, Kottayam, dated 24.08.2020.
A5- Postal acknowledgment card
A6- Original bill dated 08.10.20 issued by Kerala Water Authority, Kottayam P.H Sub division
A7- Copy of letter to the Asst. Engineer, Kerala Water Authority, Kottayam, dated 13.10.2020.
A8- Copy of the postal acknowledgment card
A9- Original bill dated 15.12.2020 issued by Kerala Water Authority, Kottayam P.H Sub division
A10-Original bill dated 04.12.2021 issued by Kerala Water Authority, Kottayam P.H Sub division.
A11-Letter from Asst.Executive Engineer, Kerala Water Authority, P.H Sub Division, Kottayam
A12-Copy of letter to the Asst.Executive Engineer, Kerala Water Authority, P.H Sub Division, Kottayam, dated 03.03.21.
A13-Copy of letter to the Asst.Engineer, Kerala Water Authority, P.H Sub Division, Kottayam, dated 03.03.21.
A14-Copy of track consignment
A15-Postal acknowledgment card
A16-Original receipt of Kerala Water Authority, Kottayam P.H Sub division, dated 04.02.2021.
A17-Original bill dated 19.04.2021 issued by Kerala Water Authority, Kottayam P.H Sub division.
A18-Original bill dated 05.08.2021 issued by Kerala Water Authority, Kottayam P.H Sub division.
A19-Original bill dated 08.11.2021 issued by Kerala Water Authority, Kottayam P.H Sub division.
A20-Copy of online bill dated 09.03.2022 of Kerala Water Authority.
A21-Copy of letter to the Asst.Engineer, Kerala Water Authority, Kottayam, dated 07.05.22.
A22-Copy of online receipt of Kerala Water Authority, dated 07.05.22.
A23-Copy of bill dated 11.07.2022 of Kerala Water Authority
A24-Copy of online receipt dated 02.08.22 of Kerala Water Authority
A25-Minutes of M/s Abhilash Theatres dated 28.06.21.
Exhibits marked from the side of opposite party.
B1- Copy of bill details of Kerala Water Authority, Kottayam Sub Division.
By order
sd/-
Assistant Registrar
