O R D E R

A. Rajesh, President.

1. Briefly stated, the facts of the complainant's case are as follows :

The complainant is a domestic category consumer of the 2^nd opposite party. On 24-03-2009, the complainant approached the 2^nd opposite party to remit the water charges. The 2^nd opposite party refused to accept the same stating that the complainant is liable to pay Rs. 16,788/- towards water charges arrears in addition to the bill issued by them. Thereafter, another demand notice for Rs. 11,913/- was issued. In the meantime, the opposite party disconnected the water connection. However, they reconnected the same on 09-03-2003 after accepting Rs. 2,115/- from the complainant. Thus, the complainant is before us to get the impugned bills set aside. Hence this complaint.

2. Version of the opposite parties :

The water meter of the complainant was replaced on 07-10-2006. Based on the meter reading on 26-03-2007, an arrear bill was issued to the complainant for Rs. 2,980/-. The water charge of the complainant was raised to Rs. 1,432/- with effect from 01-09-2008. As per the water charge revision ordered by the Government of Kerala, the complainant has remitted a sum of Rs. 2,500/- on 07-11-2008. On 07-11-2008, the complainant has replaced the meter once again. The complainant has approached this Forum suppressing material facts. As per the direction of the Hon'ble Chief Minister the 2^nd opposite party assessed the consumption of the water and fixed the water charge arrears at Rs. 8,049/- upto 31-03-2010. The complainant is liable to pay that amount. The opposite party request to dismiss the complaint.

3. No oral evidence was adduced by the parties. Exts. A1 to A3 and B1 to B9 were marked on the part of the complainant and the opposite parties respectively. Ext. X1 also was marked. Heard both sides.

4. The points that arose for consideration are :-

i) Whether the complainant is liable to pay the

amount as per the disputed bill?

ii) Cost of the proceedings?

5. Point Nos. i) and ii) :- The complainant is a domestic category consumer as per Ext. A2, he was directed to remit a sum of Rs. 16,788/- by the 2^nd opposite party. In Ext. A2, they have not mentioned the nature of arrears pending against the complainant. Again in Ext. A3 notice dated 02-02-2010, the opposite party directed the complainant to remit a sum of Rs. 11,913/, in that notice as well they have not mentioned anything about the nature of arrears of the complainant or the calculation thereof. Finally as per the direction of the Hon'ble Chief Minister, the opposite parties reconsidered the matter and directed the complainant to remit a sum of Rs. 8,049/-. No explanation is forthcoming on the part of the opposite parties as to how this calculation has been arrived at. The complainant is only liable to pay the water charges based on the actual consumption of water. Both the parties admitted that the water meter of the complainant has been replaced on 07-11-2008 and it is in working condition. Then, the only option before this Forum is to direct the opposite party to issue a fresh bill based on the actual consumption of water under Regulation 13 and 17 of Water Authority (Water Supply) Regulation 1991.

6. In view of the above, we direct the opposite parties to issue a fresh bill based on the water meter replaced on 07-11-2008 for the disputed period as the lines above. The water charges remitted by the complainant shall be adjusted in the above bill.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 31^st day of May 2011.