By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite Party to specify and inform the Complainant about which is the water connection in the name of Complainant and which is the connection in the name of cheriya palli, to issue the bills with respect to cheriya palli in the name of Muthavalli, Kalpetta Cheriya palli to issue fresh bills to the Complainant in his personal connection and to the Muthavalli Cheriya palli in the Cheriya palli connection after excluding interest and fine to cancel the bills of Cheriya palli during the period prior to November 2011, to pay compensation of Rs.10,000/- and cost of the proceedings.
2. Complaint in brief:- The Complainant is the Muthuvalli of Kalpetta Cheriya Palli and the Complainant gave application for getting water connection in his personal building as well as in the name of Cheriya palli in the year 2009. The Opposite Party gave water connection in both the places and informed the Complainant that the personal connection number is KM1590/MD and the Cheriya palli consumer number is KM 1591/ND. The Opposite Party issued water bills as per such numbers and such bills are duly remitted up to 22.11.2011. There was no dues till that date. On 08.12.2012 the Opposite Party issued a bill for a sum of Rs.41,344/- for the period 8/2009 to 11/2011 to the Complainant wrongly. The Opposite Party threatened the Complainant that if bill is not remitted, the water connection will be disconnected. So the Complainant filed a complaint CC 208/11 before the Forum and the Forum passed order in it on 29.04.2014 set asiding the above stated bill and directed the Opposite Party to issue correct bill stating the consumer number and building number within one month. But Opposite Party violated the order and issued two bills dated 18.07.2014 to the Complainant in his personal name. On 08.08.2014, the Complainant gave a reply to the Opposite Party for clarification. The Opposite Party gave a reply on 22.08.2014 for the reply stating that both connections are in the name of Complainant. The opposite party issued a bill for a sum of Rs.65,183/- for the period 7/2009 to 6/2014. The act of Opposite Party is clear deficiency of service and hence this complaint.
3. On receipt of complaint, notice was issued to opposite Party and Opposite Party appeared before the Forum and filed version. In the version of Opposite Party the Opposite Party stated that the Opposite Party issued fresh bill to the Complainant showing the connection number and building number clearly. In order to escape from the bill this complaint is filed by the Complainant. Both the water connections are in the name of Complainant only. The commissioner in CC 208/2011 reported the matter clearly and prayed to dismiss the complaint.
4. On perusal of complaint, version and documents the Forum raised the following
points for considerations.
1. Whether there is deficiency of service from the part of Opposite parties?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to A14. The Opposite Party also filed proof affidavit and the opposite party is examined as OPW1 and Exts.B1 to B3 is marked. The Forum analysed that the same issue is discussed in CC 208/2011 and the Forum passed a judgment on 29.04.2014. As per the Judgment in CC 208/2011, the Forum directed the Opposite party to issue bill mentioning the building number, meter number, consumer number with proper address. The Opposite Party send two bills which are produced in this case and marked as Ext.A6(1) and Ext.A6(2). These bills are used in two connections ie Ext.A6(1) is in the name of Mosque and Ext.A6(2) is in the name of Pocker Haji. The Forum found that the address shown in two bills are one and the same. The building number and meter number are not shown in the bills. So the Forum priema facie found that the Opposite Party not followed the directions given by the Forum in the earlier order. The earlier order in CC 208/11 is a speaking order and no more discussions are necessary with regard to consumer number etc. It is the obligation of opposite party to issue bills with full details regarding the connection. But the Forum noticed that the opposite party committed great mistake in issuing bills in proper address from the very beginning itself. When the Complainant paid the bills with respect to mosque, the Opposite Party appropriated it towards the bills of building. Now there is no provision to make reverse entry of the amount already deposited by the Complainant. Hence the Complainant is not liable to pay any penal interest towards the due amount. The complainant is liable to pay only the actual bill amount remains unpaid. So according to the Forum now the only solution to the problem is that let the opposite party fix a fare and reasonable amount in both connections towards dues after waiving the entire penal interest by considering this as a special case. The Opposite Party can claim only the actual bill amount remains unpaid in both connections till the date of this order. Subsequent to the payment of actual bill amounts due by the Complainant, the Opposite Party should issue future bills in both connections clearly by writing the entire details of connection including consumer number, building number, meter number with proper address including the word 'Mosque' and 'Building' separately. Since the Opposite Party not followed the directions as per order in CC 208/11 while issuing Ext.A6(1) and Ext.A6(2) bills, the Forum found deficiency of service from the part of Opposite Party. Point No.1 is found accordingly.
6. Point No.2: Since the Forum found deficiency of service from the part of Opposite
Party, the Opposite Party is liable to pay cost and compensation to the Complainant.
In the result, the complaint is partly allowed and the Opposite Party is directed to cancel Ext.A6(1) and Ext.A6(2) bills dated 18.07.2014 and the Opposite Party is also directed to pay Rs.1,000/- (Rupees One thousand) only as cost and Rs.1,000/- (Rupees One thousand) only as compensation to the Complainant. The opposite party is also directed to fix a fare and reasonable amount as a lump sum amount in both connections towards the actual bill amount and issue a single bill in both connections after waiving the entire penal interest by taking this case as a special case. The Opposite Party is also directed to issue future bills by stating the proper address including consumer number, meter number, building number by separately writing the name 'Mosque' and building respectively. The Opposite Party is directed to issue the combined bill as stated above within one month from the date of receipt of this order and the Complainant is directed to pay the bill amount within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 16th day of December 2015.
Date of Filing:22.11.2014
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Packer Haji. Complainant.
Witness for the Opposite Party:
OPW1. Jithesh. T.K. Asst. Executive Engineer,
Kerala Water Authority, Kalpetta
Exhibits for the complainant:
A1. Notice. dt:02.02.2010.
A2 series (21 Nos) Receipts.
A3. Disconnection Notice dt:14.10.2011
A4. Bill No.370 dt:08.12.11
A5. Order (CC 208/2011) dt:29.04.2014
A6(1) Bill No.6202. dt:18.07.2014.
A6(2) Bill No.6203 dt:18.07.2014
A7. Copy of Letter. dt:08.08.2014.
A8. Acknowledgment
A9 Series (8 Nos) Letter.
A10 Copy of Certificate.
A11. Copy of Register of Works.
A12. Copy of Letter. dt:14.06.2013.
A13. Copy of Letter. dt:19.03.2014.
A14. Letter. dt:11.07.2014
Exhibits for the opposite Party.
B1. Copy of Commission Report. dt:07.12.2013.
B2. Copy of Agreement.
B3. Copy of Agreement.
