BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 10/06/2010

Date of Order : 25/10/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 343/2010

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :

The complainant availed himself of water connection from the 2^nd opposite party bearing consumer No. 41/856/N under non-domestic category. As per the PIC issued by the 2^nd opposite party, the bimonthly water charges to be remitted was Rs. 298/-. The complainant remitted the upto date water charge till April 1999. Subsequently, the building to which the connection was granted has been rented out. The complainant was under the belief that the tenants have been remitting the water charges. The facts while so on 12-11-2009, the complainant received a demand notice issued by the 2^nd opposite party to pay Rs. 1,80,497/- towards water charge arrears. Thereafter, the opposite parties initiated Revenue Recovery Proceedings against the complainant. The complainant is not liable to pay the amount as per the demand. Thus, the complainant is before us to get the disputed bill set aside.

2. Version of the opposite parties :

The disputed water connection was granted on 07-07-1990. Water meter reading was available till January 1993 and thereafter meter became faulty. The only payment made by the consumer was Rs. 365/- on 03-11-1992. Later on 17-11-2008, the connection was disconnected for non-payment of water charges. The complainant is liable to pay the water charges as per the disputed bill.

3. The complainant was examined as PW1 and Exts. A1 and A2 were marked on his side. No oral evidence was adduced by the opposite parties. Exts. B1 to B4 were marked on their side. Heard the counsel for the parties.

4. The only point that came up for consideration is whether the complainant is entitled to get set aside the impugned bill?

5. During the proceedings in this Forum at the instance of the complainant vide order dated 12-08-2010 in I.A. 448/10, this Forum directed the opposite party to resume the water connection provided the complainant pays 20% of the bill amount in question. Accordingly, the complainant remitted a sum of Rs. 36,000/- with the opposite party. But the opposite party could not reconnect the water supply due to technical reasons.

6. It is not in dispute that the complainant is a non-domestic category consumer of the 2^nd opposite party, since 07-07-1990 and the connection was disconnected on 17-11-2008 due to non-payment of water charges. Admittedly, the complainant had remitted Rs. 365/- on 03-11-1992 towards water charges. Ext. B3 meter reading register goes to show that water meter reading of the complainant is not available. However, the complainant does not have a case that he had not been getting water till disconnection of the supply. Since the consumption of water is not available, the only remedy is to direct the complainant to remit the minimum water charges applicable as per norms prevailing.

7. In the result, we allow the complaint and direct as follows :

1. We set aside Ext. A2 bill dated 12-11-2009 issued by the 2^nd opposite party.

2. The 2^nd opposite party shall issue a fresh water charge arrear bill to the complainant for the period from 03-11-1992 to 17-11-2008 treating the consumption of water as minimum for reasons stated above after adjusting Rs. 36,000/- which the complainant had remitted as per the direction of the Forum.

3. The complainant is at liberty to approach the 2^nd opposite party to get the water connection resumed as per norms.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 25^th day of October 2011.

Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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