O R D E R
By Smt. Sreeja S. Member:
The complainant availed a non - domestic water connection to House No.XIV/666 (10) on 13/07/15 with Consumer No.8236/AYL/D and also to another building No.14666 (17) and also a non - domestic connection to building No.14666 (7) on 14/07/15 with consumer 8235/AYL/ND. The building was used as godown for business purposes and two workers are residing there. For regular water need, they depend the well in the property and two bathrooms and 4 water taps are there in the building. Till date no arrear is there and one year’s water charges was also remitted in advance at the time of providing the connection. Thereafter the opposite parties issued bill No.24528043 dtd. 08/03/17 towards by-monthly water charge showing Rs.3,820/- and previous bill adjustment as Rs.23,490/-. Thus they demand a sum of Rs.27,314/- towards water charge. There is no such usage and the bill is false and baseless. So issuance of such a bill amounts to deficiency in service and unfair trade practice. Hence this complaint.
2) On receiving complaint, notice served properly to the opposite parties. 1st & 2nd opposite parties appeared through counsel and filed their version. The 3rd opposite party filed adoption statement. The consumer is having every liability to remit minimum charges every month and water charges according to consumption of water upon meter readings. The water connection which belong to non-domestic category. The complainant is well aware about the arrear amount to be remitted by consumer before filing the above numbered complaint. There is no deficiency in service from the side of this opposite parties as averred in the complaint. The only intention of the above numbered complaint is to escape from responsibilities and liabilities by blaming this opposite parties. The water charges of consumer is calculated as per the formalities prescribed by the Act. It can be proved by oral and documentary evidence of opposite parties. Hence prayed for dismissal.
3) Points for consideration are :
a) Whether there is any deficiency in service on the part of opposite
parties or not ?
b) If yes, reliefs and costs ?
4) When the case was posted for evidence the complainant filed proof affidavit in tune with the complaint and the documents produced are marked as Exts. P1 to P15. Ext. P1 is the copy of Connection order for Non Domestic Connection for House No.XIV/666/(17) dtd.6/7/15; Ext. P2 is the copy of Connection order for Non Domestic Connection for House No.XIV/666(10) dtd. 6/7/15; Ext. P3 is the copy of Consumer Meter Card for House No.XIV/666 (17); Ext. P4 is the copy of Provisional Invoice Card of Consumer No.8235/AYL/ND dtd.14/07/15; Ext. P5 is the copy of Consumer Meter Card for House No.XIV/666(10); Ext. P6 is the copy of Provisional Invoice Card of Consumer No.8236/AYL/ND dtd.13/07/15; Ext. P7 is the copy of Demand & Disconnection Notice dtd.07/12/15 for consumer No.8236; Ext. P8 is the copy of Demand & Disconnection Notice dtd.07/12/15 for consumer No.8235; Ext. P9 is the copy of letter dtd.28/12/15 to opposite parties; Ext. P10 is the copy of Demand & Disconnection Notice dtd.09/06/16; Ext. P11 is the copy of receipt dtd.03/07/15; Ext. P12 is the copy of Receipt dtd.03/07/15; Ext. P13 is the copy of Receipt dtd.30/06/16; Ext. P14 is the copy of Demand & Disconnection Notice dtd.08/03/17 of Consumer No.AYL/8235/N; Ext. P15 is the copy of Demand & Disconnection Notice dtd.08/03/17 of Consumer No.AYL/8236/N.
From the side of opposite parties also filed counter proof affidavit in tune with version but no documents were produced.
5) Points :
The case of the complainant is that he is non-domestic consumer of opposite parties with two independent connections and the same is admitted by opposite parties. The complainant has been issued with bill No.24528043 dtd.08/03/17 for a total sum of Rs.27,314/-. The bill is marked as Ext.P15. Ext. P15 shows billing in two heads first head is by monthly water charge amounting to Rs.3,820/- and additional amount Rs.23,494/-. The opposite parties not denies the same and states that the bill is proper and same is issued based on the data kept in their office records. Nothing has been produced to show that and also to substantiate issuance of Ext. P15. When the opposite parties has a contra case and that too straightly relates to Ext. P15, they are bound to produce the same to prove the genunity especially when the documents itself ie, Ext. P15, is under challenge. Since they failed to produce it, before this Commission, it is safe to infer that the case of the complainant stands proved. Hence we are inclined to allow this complaint.
2) From the above discussion and considering entire evidence as a whole the complainant has established a cogent case before this Commission. Hence we are inclined allow this compliant cancelling Ext. P15.
In the result complaint is allowed and Ext. P15 bill No.24528043 dtd. 08/03/17 for Rs.27,314/- (Twenty seven thousand three hundred and fourteen only) is hereby cancelled. Both parties are directed to bear their respective cost.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of September 2021.
Sd/- Sd/-
Sreeja S C.T. Sabu
Member President
Appendix
Complainant’s Exhibits :
Ext. P1 copy of Connection order for Non Domestic Connection for House
No.XIV/666/(17) dtd.6/7/15
Ext. P2 copy of Connection order for Non Domestic Connection for House
No.XIV/666(10) dtd. 6/7/15
Ext. P3 copy of Consumer Meter Card for House No.XIV/666 (17)
Ext. P4 copy of Provisional Invoice Card of Consumer No.8235/AYL/ND
dtd.14/07/15
Ext. P5 copy of Consumer Meter Card for House No.XIV/666(10)
Ext. P6 copy of Provisional Invoice Card of Consumer No.8236/AYL/ND
dtd.13/07/15
Ext. P7 copy of Demand & Disconnection Notice dtd.07/12/15 for consumer
No.8236
Ext. P8 copy of Demand & Disconnection Notice dtd.07/12/15 for consumer
No.8235
Ext. P9 copy of letter dtd.28/12/15 to opposite parties
Ext. P10 copy of Demand & Disconnection Notice dtd.09/06/16
Ext. P11 copy of receipt dtd.03/07/15
Ext. P12 copy of Receipt dtd.03/07/15
Ext. P13 copy of Receipt dtd.30/06/16
Ext. P14 copy of Demand & Disconnection Notice dtd.08/03/17 of Consumer
No.AYL/8235/N
Ext. P15 copy of Demand & Disconnection Notice dtd.08/03/17 of Consumer
No.AYL/8236/N.
Id/-
Member
