BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                            C.C.No: 407/2013     Filed on  28/09/2013

                                            Dated:  15..07..2016

Complainant:

          Sasidharan, T.C. 42/1413, Sreevaraham, Thiruvananthapuram.

                              (Party in person)

Opposite party:

Kerala Water Authority, Chalai Section, Kuriathy, Manacaud, Thiruvananthapuram – 695 009. Represented by its Assistant Executive Engineer.

          (By Adv. Issac Samuel)

This C.C having been heard on 15..10..2015, the Forum on 15..07..2016  delivered the following:

ORDER

SHRI. P. SUDHIR, PRESIDENT:

          Complainant’s case is that he is the consumer of opposite party as per consumer No. MDD/7126 and Meter No.9458 consumer ID No. 2113126872. Complainant and his family is using water only for their domestic purpose. For the last 6 years monthly consumption is from Rs.100/- to Rs.800/- and was paid by the complainant regularly.

          Complainant received a bill No. 6136972 dated 06/09/2013 for Rs. 18284/- and bill date was 05/10/2013 and disconnection date shown as 21/10/2013. The reading shown as 2046 as previous reading and 2066 on 11/09/2013. Complainant has not used that much water and he approached this Forum to set aside the bill dated 06/09/2013 mentioned above as illegal and void with other prays.

         2. Notice sent to opposite party and opposite party appeared and contested the case.

          3. This Forum pronounced an Interim Order dated 11/04/2014 in which complainant is directed to install a new meter and opposite party is directed to permit the complainant to install the new meter. After installation of new meter opposite party shall raise fresh bill for the disputed period. After installation of new meter and reading was recorded and thereafter opposite party filed version. As per the version, the meter was replaced on 30/05/2014. The assessment of the disputed period was:

          High consumption reported period       :         November 2012 to 06/2013

          Total water charge during the period    :         2381 x 8 = 19048  

          Average consumption from the new meter     13.3 kl

          Water charge having 13.3 kl                 :         Rs. 62/- pm

          Total amount as per the new average   :         62 x 8 = 496/-

          Difference                                            :         19048 – 496 = 18552

          ie Rs. 18552/- may be waived from the system as per the interim order of this Forum.

          It is submitted that the excess amount was due to the meter readings from 11/2012 to 7/2013. The meter reading on 09/11/2012 was 994kl  and that of 13/07/2013 was 2046kl with an average consumption of 129.56kl per month from 11/2012 to 7/2013 @ Rs. 2381/- per month for eight months.

          It is submitted that the average consumption of this connection from the same meter from 6/2013 were as follows:

          The meter has been replaced on 30/05/2014 as ordered by this Forum. The consumption recorded on new meter are as follows:

From the above reading and consumption it is clearly evident that the old water meter was working properly and hence the exorbitant reading recorded during 7/2013 was the reading as per the actual consumption. This exorbitant consumption may be due to the leakage after the meter point or overflow of tanks or leakages to flushing systems or actual consumption with or without the knowledge of the complainant.          

          4. Issues:

           (i) Whether there is deficiency of service on the part of opposite party?

(ii) Whether the complainant is entitled to set aside the bill dated 06/09/2013 issued by opposite party?

          (iii)Whether the complainant is entitled for the relief sought for?

          5. Issues (i) to (iii):   Complainant filed chief examination affidavit and Exts. P1 & P2 marked. Opposite party filed chief examination affidavit and Ext. D1 marked. Perused the evidence. It is seen that the average consumption of 5 reading prior to 6/213 is 12.3, average of 5 reading after 30/05/2014 is 10.49. There was a steady usage  at the disputed period. But after the change of water meter the average is low but the consumption varies from 5.5 kl/pm to 16 kl/pm. So the complainant has got an exorbitant consumption of water. As per clause 42(A) of the Kerala Water Supply and Sewerage (Amendment) Act 2008 “Whenever water is supplied under the Act through the meter, it shall be presumed that the quantity indicated by the meter has been consumed, until the contrary is proved. Here the complainant has not proved the contrary. We are of the opinion that complainant failed to prove his case and complainant is not entitled for the relief sought for and complaint is to be dismissed.

          In the result, complaint is dismissed without cost.  

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of July, 2016.

                                Sd/-P. SUDHIR             :         PRESIDENT

  Sd/-R. SATHI      :         MEMBER

  Ad.                        Sd/-LIJU B. NAI  :         MEMBER

C.C.No: 407/2013

APPENDIX

  I. Complainant’s witness          :         N I L

 II. Complainant’s documents:

          P1      :  Copy of water bill dated 06/09/2013

          P2      :  Copy of water bill series (10 Nos.)

III. Opposite party’s witness      :         N I L

IV. Opposite party’s documents:

          D1      :  Copy of bill details of Chalai Section Water Authority dated 11/11/2013.

Sd/- PRESIDENT

  Ad.