BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 24/09/2011
Date of Order : 31/05/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 506/2011
Between
Paul. M.J., | :: | Complainant |
Neerolickal (H), Mudavoor. P.O., Muvattupuzha – 686 673. |
| (By Adv. Tom Joseph, Court Road, Muvattupuzha – 686 661) |
And
1. Managing Director, Kerala Water Authority, | :: | Opposite Parties |
Thiruvananthapuram. 2. The Assistant Executive Engineer, Kerala Water Authority, P.H. Sub-Division, Muvattupuzha – 686 661. |
| (Op.pts. by Adv. Jeemon John, M.D.V. Complex, Opp. L.F. Hospital, Angamaly) |
O R D E R
A. Rajesh, President.
1. Briefly stated, the case of the complainant is as follows :-
The complainant is the owner of a small building. He conducting a workshop in the downstairs from the building and the upstairs was given on rent to 3 bachelors for earning his livelihood and self-employment. The building was provided with a water connection with consumer No. MPA/3820/N under the non-domestic category. The complainant was served with a penal bill for Rs. 2,738/- on 31-05-2010 and he remitted Rs. 1,000/- on 08-06-2010. Again on 01-09-2011, the complainant received a bill for Rs. 23,690/-. The complainant is not liable to pay the amounts as per the bills. The arrear bill was issued on the basis of incorrect meter reading. Thus, the complainant is filed this complaint to get the penal bill cancelled.
2. The version of the opposite parties :
The arrear bill for Rs. 2,738/- was issued to the complainant towards water charge arrear due for the period from November 2008 to April 2010, out of which he had remitted Rs. 1,000/- on 08-06-2010. The later bill was issued for the water charge arrear from November 2008 to August 2011, which includes an amount of Rs. 15,450/- for the excess consumption made by him in between 11-06-2007 and 19-01-2011. The complainant is liable to pay the amount as per the bill.
3. No oral evidence was adduced by the parties. Exts. A1 to A3 were marked on the side of the complainant. The meter reading card produced by the opposite party at the instance of the complainant was marked as Ext. X1. Heard the counsel for the parties.
4. The only point that comes up for consideration is whether the complainant is liable to pay the amount as per Ext. A1 bill?
5. During the proceedings in this complaint, at the instance of the complainant vide order in I.A. No. 550/2011 dated 26-09-2011, the 2nd opposite party was directed to refrain from disconnecting the water connection provided the complainant remits Rs. 5,000/- with the 2nd opposite party. The parties complied with the order of this Forum. Further, during the proceedings in this Forum, the counsel for the opposite parties fairly conceded that the water meter of the complainant is not functioning properly which calls for appreciation of this Forum. We have gone through the meter reading card, which was marked as Ext. X1. The learned counsel is well within the purview of Ext. X1. The counsel for the complainant submitted that he is entitled to get replacement of the defective water meter and reassessment of the water charges rightly. We feel that the submission of the complainant is legal and coming within Regulation 13 and 17 of the Kerala Water Authority (Water Supply) Regulations 1991. In the above circumstances, we are only to set aside Ext. A1 disputed arrear bill. To set things right, we direct the opposite party to replace the water meter of the complainant and issue a fresh bill under Regulation 13 and 17 of the Kerala Water Authority (Water Supply) Regulations 1991 from 1997.
6. In the result, we allow the complaint and direct as follows :
The order in I.A. No. 550/2011 dated 26-09-2011 is made absolute.
We set aside Ext. A1 bill issued by the opposite parties.
The opposite parties shall take steps to replace the water meter forthwith. If the complainant complies with the necessary requirements for the same.
The opposite parties shall issue a fresh bill on the basis of the new water meter reading as per Regulation 13 and 17 of the Kerala Water Authority (Water Supply) Regulations 1991 for the disputed period.
The order shall be complied with, as per the time stipulated in the said Regulation without fail failing which the complainant shall not be liable thence.
Pronounced in open Forum on this the 31st day of May 2012.
Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Forwarded/By order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of consumer bill dt. 01-09-2011 |
“ A2 | :: | Copy of the receipt dt. 08-06-2010 |
“ A3 | :: | Copy of demand and disconnection notice dt. 31-05-2010 |
Opposite party's Exhibits :-
Exhibit X1 | :: | Copy of Meter reading card |
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