Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V, Member.
3. Sri.M.P.Chandrakumar, Member
30th day of March 2016
CC.286/10 filed on 1.6.10
Complainant : Ayoob, S/o. Kunjibava, Pokkakkillathu,
Kuttamangalam, P.O. Edathirinji.
(By Sri. T.R. Sivan, Advocate, Thrissur-3)
Opposite Parties : 1. Kerala Water Authority,
Rep. By Managing Director, Jalabhavan,
Thiruvananthapuram.
2. Assistant Executive Engineer,
Kerala Water Authority, Nattika.
(By Sri. Bivin Paul, Advocate, Thrissur-3)
O R D E R
By Sri.M.P.Chandrakumar, Member :
The case of the complainant is that he is a consumer of the opposite parties, having a domestic water connection no 618/EDY. He was remitting a monthly amount of Rs.22, which later increased to Rs.194/-. He had remitted the water charges at the above rate , promptly, up to 11/ 2009 .However, on 14-08-2009 he was issued with a bill for Rs.20,678/-, calculated at the rate of Rs.498/- from 2007 and at Rs.1507/- from 9 /2008 onwards. Even though the complainant was sure that has not used so much of water, he remitted the charges on 09-09-2009. Afterwards, he was given another bill dated 26-04-2010, for Rs.10549/-, stating to be the bill for the period from 10 /2009 to 4/ 2010. Since the complainant was sure that he has not used water for the above amount, he filed a complaint in the matter before the opposite parties, for which there was no response. According to the complainant, this action of the opposite parties is illegal and deficiency of service. Hence the complaint filed, for cancelling the bills dated 14/08/2009 and 26-04-2010, to order refund of the amount remitted on 9-09-2009 and also compensation and costs.
2. In the version filed, the opposite parties state that the domestic connection was issued on 11-03-96. Even though he was issued the bill for Rs.20,678/- on 14-08- 2009, he had neither raised any petitions in the matter nor approached this office for any enquiries in the matter. Since he has remitted the amount, it is to be presumed that, he had no complaints in the matter. It is only when he was issued the bill for Rs.10549 /-that he has approached the Forum with a complaint, only to escape from remitting the amount. The contention of the complainant that meter reading was not taken timely and that he has not used so much quantity of water, is false. The water meter in the premises of the consumer was faulty from 9/09 and hence notice was given to the complainant to take steps to replace the same. Accordingly, the meter was replaced on 17-06-2010. The bill in question were issued ,for the arrears from October 2009 to April 2010 ,which the complainant is bound to remit .The bills have been issued on the basis of the details contained in the Running Register, maintained in the office ,with accurate and upto date details. Hence the bill amount is the actual charges of the water used and hence to be remitted by the complainant. There is no deficiency of service on the part of the opposite parties and hence the complaint be dismissed with costs.
3. The points for consideration are
(1) Is there any deficiency of service on the part of the opposite parties?
(2) If so, compensation and costs.
4. Evidence consists of Exbt. X-1, being the attested copy of the consumer personal register, maintained by the opposite parties. From the complainant’s side, exhibits A1 to A5 have been produced.
5. The main prayer of the complainant is for cancelling Exbt. A2 & A4 bills, since they are illegal. Accordingly, the Forum has gone through all records relating to the case, and is of the following observations
(1) It is a fact that, the bill issued to a customer, especially this disputed type of bill Exbts. A2 & A4, with a heavy amount, should be self explanatory, containing the reasons/circumstances necessitating the issue of the bill and also the details as to how the amount has been arrived at. But the forum could find that the bill is not at all self explanatory, showing, at least, how the amount has been worked out, to make the customer to understand the details.
(2) As per Exbt A5, it is seen that the complainant has filed a petition dated 18-05-2010 against these excessive amount bills, with the argument that he has not used so much quantity of water. The document has been filed in this office on 07-04-15. Afterwards, on 26-05-15, the respondents have filed their proof affidavit. However, nothing has been mentioned about the action taken on the petition, which indicates that the complaint has been received in that office and the opposite parties have not just neglected the same. The Forum is to view that this neglect on the part of the opposite parties may be due to the fact that the opposite parties themselves feel the illegal nature of the bill.
(3) The opposite parties mentions, in the version and in the counter affidavit, about the issue of a notice during May 2010, to the complainant regarding the faulty performance of the meter .But the same has not been produced as evidence before the Forum.
(4) One of the main requests of the complainant is to treat Exbt. A2 bill as illegal and to cancel the same. Accordingly, the Forum has gone a bit depth in to the bill. The Forum could see that the document is a “Billing adjustment voucher”, which neither contains any reasons for issuing the same, nor explanation of how the amount has been worked out etc. On scrutiny, it can be seen that even though the bill is dated 14-08-09, dues upto 11 /09, have been worked out in the document. Moreover, the document is not signed by any official of the opposite parties which strengthens the allegation of the complainant.
(5) As per Exbt A4, the bill dated 26-04-2010, it can be seen that the bill has been prepared, with the remarks that the meter was faulty. Similarly, it is seen that, Exhibit A2 has been prepared, calculating the dues up to 11/09, whereas Exbt.A4 bill includes the charges from 10/09 onwards. Also, no fine is seen in Exbt. A2, whereas fine is calculated in the bill, as per Exbt. A4
(6) Since the complainant is of the argument that he has not consumed so much quantity of water, as mentioned in the bills, the main evidence in this respect is the details of meter reading, contained in the meter reading register. The complainant has already taken steps in the matter. But the respondent has not produced the document, informing that the same is not available. As such, the Forum couldn’t be convinced of the details.
(7) Exbt. X-1, being the consumer personal ledger has been produced. But, no entries regarding the issue of the disputed bills, with the reasons for the issue of the same or the principles adopted to issue this bulk bill mentioned in the document.
(8) Exbt. A2 & A4 bills has been worked out, using different rates for different periods .But the concerned circulars or directions has not been made available, to enable the forum to verify the authenticity of the disputed bills.
6. On going through all the above, the Forum is to conclude that there is a certain extent of justification in the complaint of the complainant and that we are bound to consider it, especially since the respondents were unable to convince their arguments. However we are strongly of the view that charges for the water used, should be remitted.
7. In the result, the complaint is allowed, cancelling Exbt. A2 & A4 bills. If any amounts are due to the respondents, the same can be collected by issuing fresh bills, after convincing the complainant. The opposite parties are directed to pay Rs.2000 /- (Rupees two thousand only) as cost of this complaint to the complainant within one month from receiving copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of March 2016.
(Sd) (Sd) (Id)
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits:
Ext. A1: Receipt dt. 12.11.08.
Ext. A2: Billing adjustment voucher dt. 14.8.09.
Ext. A3: Receipt dt. 9.9.09.
Ext. A4: Bill dt. 26.4.10.
Ext. A5: Application submitted by the complainant to the
Opposite party dt. 18.5.10.
Ext. X-1: Copy of loose sheet of consumer personal ledger.
(Id)
Member
