Kerala

Trissur

CC/18/465

Elizabeth Louis - Complainant(s)

Versus

Kerala Water Authority,P.H.Section,Ollur.P.O - Opp.Party(s)

Louis Mathew

16 Mar 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/18/465
( Date of Filing : 14 Aug 2018 )
 
1. Elizabeth Louis
-
...........Complainant(s)
Versus
1. Kerala Water Authority,P.H.Section,Ollur.P.O
-
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dr.K.Radhakrishnan Nair PRESIDING MEMBER
 HON'BLE MRS. Sreeja.S MEMBER
 
For the Complainant:Louis Mathew, Advocate
For the Opp. Party:
Dated : 16 Mar 2020
Final Order / Judgement

Complainant    :       Mukundhapuram Thaluk, Chengaloore 

                                Village, Snehapuram Desath, Elizabath               

                                Louies, W/o Palett Adv. Louies Mathew.  

                                (By Adv. Louies Mathew)

Opposite Parties:  1. Kerala Water Authority, Repd. By Assistant    

                                Engineer, Kerala Water Authority P.H.   

                                Section Ollur.

                            2. Kerala Water Authority, Repd. By Assistant    

                                Exi.Engineer, W.S.P.Subdivision,    

                                Chalakudy.

                            3. Kerala Water Authority, Repd. By Managing   

                                Director, Jalanidhi, Thiruvananthapuram.

                                (By Adv. Bivin Paul, Advocate, Thrissur)

                                      

                                       O R D E R

 

By Smt. Sreeja S. Member:

                  

                   The case of the complainant is that she  availed a domestic water connection bearing Consumer No 1061 D/PUK. Since 10.01.2009 the average monthly bill  were Rs82/- only. She and her husband depends on their residential well for their daily needs and the water were availed through the connection for a shorter time a day alone. On 12.07.2018 the meter reading has been taken and bill for Rs.8308/- were issued. Instead of taking monthly water reading the Op recorded it once in a year. The Op were not collecting regular monthly meter reading and a  consumption of  884 liter per week  and be- weekly consumption as 204 kilo liter were recorded. They never consumed such a huge volume of water and never recorded or paid higher amount of water charge than the average   water charge so far. So she filed a complaint before the Op dated 20.07.18. Neither they considered the complaint nor they made good the defective meter. The Op has no right to demand such huge bill or  to disconnect the water connection. Hence this complaint on receiving the complaint, notice served properly to Op. The Op appeared through counsel. Even repeated chances were given to file the version the Ops were reluctant to file the same.  Hence the prayer to file the version not allowed and case posted for evidence. After the evidence of the complainant matter posted for Hearing and on the day the Op filed its version at their will and liberty. Hence Forum not inclined to accept the version. As no subsequent steps were taken by the Op to substantiate their bonafides and  the Forum finds that the Op filed of the version  without bonafides .

                   2. From the side of the complainant Ext.P1 to P5 series were marked. Ext.P1 is provisional invoice card dated 10.01.2009 issued to the complaint for domestic connection having consumer 1061 D/PKV. It shows monthly water charge remitted was Rs.82/-. Ext.P2 is the consumer meter card issued to the above consumer no of complainant having meter No. B/8057954. It shows yearly meter reading alone, that too till 2015. Ext. P3 is the demand notice dated 12.07.18 for Rs.8308 which is under challenge. Ext.P4 is the cash advance payment receipt dated 23.02.18 issued to the complainant. Ext.P5 series is the various cash receipts showing a highest payment of Rs.45/- . We have heard the counsel for the complainant in detail. Ext. P1&P2 clearly substantiate the claim of the complainant. Monthly meter reading were also not recorded. Ext.P4 is the advance receipt. Ext.P5 series shows an average normal payment around 44 Rupees. Hence Ext.P3 could not substantiate as a reasonable demand and it only to be found as baseless. Moreover no contra evidence before us defeating the case of the complainant. Hence we are inclined to allow this complainant and we do so.

                   3. In the result complaint allowed and Ext.P3 bill dated 12.07/18 for Rs.8308 stands cancelled and the Ops are directed not to iniate any coercive proceeding based on Ext.P3 bill. It is further ordered that the domestic water connection of complainant having consumer No.1061/D/PK,  Shall not be disconnected as a ensuing action based on Ext.P3.

                   Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 16th  day  of  March  2020.

 

 

Sd/-                                                      Sd/-                                       

Sreeja S.                                               Dr.K.Radhakrishnan Nair                                Member                                                President(I/C)                                                

                                   

 

Appendix

 

Complainant’s Exhibits 

Ext.P1 Provisional Invoice card dated 10.01.2009. 

Ext.P2 Consumer meter card.

Ext. P3 Demand notice dated 12.07.18.

Ext.P4 Cash advance payment receipt dated 23.02.18.

Ext.P5 series is the various cash receipts showing a highest payment of Rs.45/- alone.

                                                                              

 

 

  Id/-

                                                                                      Member

 
 
[HON'BLE MR. Dr.K.Radhakrishnan Nair]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Sreeja.S]
MEMBER
 

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