IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 16th day of September, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 118/2021 (filed on 20-07-2021)
Petitioner : T.V. George,
Thanuvelil,
Sreenivas Iyer Road,
Kottayam - 686001
(Adv. Saji Koduvath and
Adv. Alex P. Raju)
Vs.
Opposite Parties : (1) Asst. Engineer,
P.H. Subdivision,
Kerala Water Authority,
Kottayam – 686002
(2) The Managing Director,
Kerala Water Wuthority,
Jalabhavan, Vellayambalam,
Thiruvananthapuram - 695033
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 35 of The Consumer Protection Act2019.
The brief of the complainant’s case is as follows, The Domestic water
connection with No.M14 493 D was allotted to the complainant on 17.05.2006. Eight family were using water from this connection. Separate application was given for the 8 families but the existing water connection was sanctioned and Rs.900 was paid as the connection charges .Notice was given to the complainant for remitting Rs.2,48,795/- on 4/5/2021.In order to set aside the Bill dated 4/5/2021 for an amount of 2,48,795/- and to use the water connection without break and to prevent the opposite party from disconnecting the water meter/Revenue Recovery actions and to recover the amounts illegally collected from the complainant, this complaint is filed.
On admission of the complaint Copy of the complaint was duly served to the opposite party. The opposite party appeared and filed their version.
According to the version of the opposite party the water connection with No. M 14/493/D was given as a single unit connection on 17/5/2006. From 11/14 this connection was changed to Flat connection having 9 units. The consumer used to default the payments, and had remitted the charges with fine. The last payment was on 8/2/21 for an amount of 1270/. The balance to be paid up to 16/8/21 is Rs.2,48,985/-. As per letter No.KWA/IA/LAR-Gen.383/2020 dated 23/1/21 revised calculation was done. As per the Revised calculation for 1/11/14 to 1/21 the amount to paid by the consumer is Rs.2,44,790.As per admission request no.104805 dated 18/3/21 the connection was shifted to single use connection. The existing bill amount is the amount to be paid for the water used as per domestic Tariff. The consumer is legally bound to remit the bill amount. The bill dated 4/5/21 was issued as per rules. There is no deficiency of service on the part of the opposite parties.
Complainant filed proof affidavit and marked documents Exhibits A1 to A4. The Opposite party filed proof affidavit and marked documents as Exhibits B1and B2.
On the basis of the complaint, Proof affidavit of complainant, version of the opposite party and evidence adduced we would like to consider the following points.
1 Whether there is deficiency in service on the part of the opposite parties?
2 If so, what are the reliefs and costs?
Point No.1 and 2
On the basis of the complaint and version of the opposite party and evidence on record it is clear that the complainant is having a Water connection with No.M14 493 D from 17-05-2006.There were 9 families in the building but a single water connection was given for the entire building. Complainant used to remit the water bills periodically. A bill for an amount of Rs.2,48,795 was issued to the complainant on 5-4-2021.
Exhibit A1 series is the receipts for the payment of 22 bills for the period from 15-06-2006 to 2-2-2021.
Exhibit A2 is the certificate issued from municipality Kottayam on 4-4-06 stating that the complainant T. V George and Susamma George are the owners of the Building Nos.528, A, B1, B2, C, C1, C2, D1, D2 and is issued for availing water connection.
Exhibit A3 is the Application submitted by the complainant before Assistant Executive Engineer Kerala Water Authority Kottayam requesting to provide separate water connection for the 8 flats in the building.
Exhibit A4 is the copy of the bill received by the complainant through WhatsApp for an amount of Rs.2,48,795/- dated 05/04/2021 Exhibit B1 is the consumer details (personal ledger) of the complainant, Exhibit B2 is the report about action taken after the Audit with regard to the connection of the complainant by The Assistant Executive Engineer to the Executive Engineer P H division KWA Kottayam.
In Ext B2 it is stated that the Water connection of the complainant with No. M14/493/D Domestic connection was changed to Flat connection from 11/14 as per the Letter No.KWA/IA/LAR-Gen/383/20 dated 23.01.2021 of The Accounts Member Kerala Water Authority. Since the building is having an area of 928 Square Meter, direction was given by The Managing Director Kerala Water Authority to change the connection to single unit connection in the video conference held on 18.03.2021. When the Water connection was changed from single unit connection to flat connection an amount of Rs.2,22,707/- for the period from 1.11.14 to31.07. 2019 and an amount of Rs.22,092/- for the period from 08/19-01/21 is due to KWA being the water charges. Thus, for the period from 11/14 to 01/21 a total amount of Rs.2,44,799/- is to be received to KWA as water charges by treating the connection as Flat connection. But it is clear that The Managing Director of Kerala Water Authority in the Video conference held on 18.03.2021 issued direction to treat the water connection as a single unit connection as the total area of the building is only 928 Square meter.
From the above discussion it is clear that after changing the water connection of the complainant to single unit connection as per the direction given by the Managing Director, KWA in the video conference held on 18.03.202. The opposite party issued Ext A4 bill with an amount of Rs.2,48,795/- dated 05.04.2021 treating the water connection as flat connection for the period from11/14 to 01/2021. This act is against the direction given by the Managing Director, KWA on 18.03.202.
This act of the opposite parties is clearly deficiency in service on their part as per Consumer protection Act. On the basis of the above facts, we allow the complaint and pass the following orders.
1. We here by set-aside the bill for an amount of Rs.2,48,795/- dated 05.04.2021 issued by the opposite party.
2. The opposite party is directed to pay Rs.5000 /- as compensation for the mental agony and sufferings to the complainant with cost Rs.3000/-
3. The opposite party is at liberty to issue fresh bill if required for the period from 11/14 to 1/2021 if any amount is due to Kerala Water Authority as water charges treating the connection as a single unit connection for the said period.
The Order shall be complied within a period of 30 days from the date of receipt of Order.
Pronounced in the Open Commission on this the 16th day of September, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 series – Copy of bills issued by opposite party (24 nos.)
A2 – Copy of certificate dtd.4-4-16 issued by Kottayam Municipality
A3 – Copy of letter issued by complainant to opposite party
A4 - Copy of the bill received to the complainant through WhatsApp containing
bill for an amount of Rs.248795 dated 05/04/2021
Exhibits marked from the side of opposite party
B1 – Copy of consumer details (ID M14/493/D)
B2 – Copy of letter dtd.20-03-21 by Asst. Executive Engineer to Executive
Engineer
By Order
Sd/-
Assistant Registrar
