Kerala

Thiruvananthapuram

CC/57/2020

Bindhu P V - Complainant(s)

Versus

KWA - Opp.Party(s)

30 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

    SRI.P.V.JAYARAJAN     : PRESIDENT

 SMT.PREETHA.G.NAIR : MEMBER

                                   SRI.VIJU.V.R                 : MEMBER

CC.NO.57/2020 (Filed on : 17/02/2020)

ORDER DATED : 30/06/2022

COMPLAINANT

Bindhu.P.V

Bindhu Nivas,

Chettivila, Vencode.P.O

Vattappara, Thiruvananthapuram- 695028

(Party in person)

 

VS

OPPOSITE PARTIES

1. The Assistant Engineer,

Water Supply Section (KWA)

Nedumangadu – 695541

 

2. The Assistant Executive Engineer,

Water Supply Sub Division (KWA)

Nedumangadu – 695541

(By Adv.Issac Samuel)

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1. This complaint is filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

2.       This is a complaint filed by the complainant alleging deficiency in service on the part of the opposite parties. The case of the complainant in short is that the complainant is a consumer of the opposite party Kerala Water Authority with Consumer No.NDD/5440/D. This water connection is under the domestic tariff. The water is used only for domestic purpose. According to the complainant the average water consumption of the complainant for bimonthly billing period was only less than 10 kilo liters water. The opposite party issued a bill dated 15/04/2019 for Rs.13,924/-, claiming that the complainant has used for 413 kiloliters of water during that by monthly billing period. According to the complainant prior to this bill dated 15/04/2019 and subsequent to the said bill the consumption was below 10 kiloliters. The complainant’s case is that the bill dated 15/04/2019 is exorbitant and not for the water consumed by the complainant and hence it has to be declared as invalid. The complainant filed a complaint before the opposite parties on 22/04/2019. Inspite of contacting the opposite parties there was no reply from the side of the opposite parties and hence another complaint dated 14/11/2019 was submitted before the opposite parties. The opposite parties sent a reply stating that the meter is functioning properly and the consumption of water shown in the disputed bill is the exact consumption made by the complainant and hence the complainant was directed to pay the entire amount to the opposite parties and they also offered to give installments for the payment of the said amount. Alleging deficiency in service on the part of the opposite parties, the complainant approached this Commission for redressing her grievances.

 

3.       After admitting the complaint, notice was issued to the opposite parties. The notice issued from this Commission was served to opposite parties on 11/03/2020. Even after accepting the notice the opposite parties failed to appear before this Commission and hence on 23/03/2022 the opposite parties were called absent and set exparte.

 

4.       The evidence in this case consists of PW1 and Exts.P1 to P14 from the side of the complainant and the opposite parties being declared exparte, there is no oral or documentary evidence from the side of the opposite parties.

5.       Issues to be considered are :-

1. Whether there is any deficiency in service and unfair trade practice on the part of opposite parties?
2. Whether the complainant is entitle for the relief claimed
3. Order as to cost?

 

6.       Heard. Perused records, affidavit and documents. To substantiate the case of the complainant, the complainant herself sworn an affidavit as PW1 and Exts.P1 to P14 were produced and marked. Exts.P1 to P6 and Exts.P8 to P11 are the bills issued by the opposite parties to the complainant. Ext.P7 is the complaint dated 22/04/2019 filed by the complainant before the first opposite party. Ext.P12 is another complaint dated 14/11/2019 submitted by the complainant before the first opposite party. Ext.P13 is the report submitted by the officials of opposite party. Ext.P14 is the reply notice sent by the opposite parties to the complainant. There is no oral or documentary evidence from the side of the opposite parties. On perusal of Exts.P1 to P4, reveals that the average consumption of water for a period of two months by the complainant is less than 10 kiloliters. Ext.P5 shows a hike of 30 kiloliters water consumption and Exts.P6 shows 413 kiloliters of water consumption by the complainant. The complainant’s case is that the water connection is for domestic purpose and only four members are residing in their house and Exts.P5 & P6 bills are not in accordance with the quantity of water consumed by the complainant and hence those bills are exorbitant and illegal and liable to be declared as not valid bills. Exts.P10 & P11 are the bills issued by the opposite parties to the complainant subsequent to Ext.P6 bill period. Those two bills ie Exts.P10 & P11 also shows the consumption of water by the complainant as 6 kiloliters and 5 kiloliters respectively. From the bills produced before this Commission, it is evident that prior to Exts.P5 & P6 bills as well as subsequent to Exts.P5 & P6 bills the consumption of water by the complainant is less than 10 kiloliters. The available evidence before this Commission probabilises the case put forward by the complainant that the average water consumption by the complainant is less than 10 kiloliters during by monthly bill periods. In the absence of any contra evidence from the side of opposite parties, the evidence adduced by the complainant stands unchallenged. As there is no evidence from the of the opposite parties to discredit the evidence adduced by the complainant, we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and by marking Exts.P1 to P14 documents, we find that the complainant has succeeded in establishing her case against the opposite parties.

          In the result, complaint is partly allowed with the following directions.

1. The opposite parties are restrained from proceeding further on the basis of Exts.P5 & P6 bills.
2. The opposite parties are directed to take average billing amount prior to Exts.P5 & P6 and subsequent to Exts.P5 & P6 and fix the average consumption and issue a separate bill for the period of Exts.P5 & P6 to the complainant within 30 days from the date of receipt of copy of this order.
3. If the complainant has not paid any water charge during the pendency of this proceeding, the opposite parties can collect the water charge by taking the average consumption for that period excluding Exts.P5 & P6 billing period from the complainant without collecting penal interest.  
4.    The opposite parties are directed to pay Rs.5000/- (Rupees five thousand only) as compensation along with Rs.1000/- (Rupees one thousand only) as cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum

 

      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 Commission, this the 30^th day of June 2022.

 

                                                                            Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

 

Be/

 

 

 

 

 

 

 

APPENDIX

CC.NO.57/2020

List of witness for the complainant

PW1                      - Bindhu.P.V

List of Exhibits for the complainant

Ext.P1         - Bill dated 14/06/2018

Ext.P2         - Bill dated 13/08/2018

Ext.P3         - Bill dated 17/10/2018

Ext.P4         - Bill dated 17/12/2018

Ext.P5         - Bill dated 15/02/2019

Ext.P6         - Bill dated 15/04/2018

Ext.P7         - complaint dated 22/04/2019

Ext.P8         - Bill dated 13/06/2019

Ext.P9         - Bill dated 07/08/2019

Ext.P10       - Bill dated 10/2019

Ex.P11        - Bill dated 05/12/2019

Ext.P12       - Complaint dated 14/11/2019

Ext.P13       - Report of Meter Inspector dated 14/11/2021

Ext.P14       - Letter from the Assistant Executive Engineer

List of witness for the opposite parties – NIL

List of Exhibits for the opposite parties- NIL

Court Exhibits                                   - NIL

 

                                                                                              Sd/-

PRESIDENT