BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI .A : MEMBER

SMT. S.K. SREELA : MEMBER

O.P.NO. 285/2003 Filed on 19/07/2003

Dated: 31..01..2009

Complainant:

J. Premnath, TC.No.17/1773, PURA-40, Nallathu Road, Poojappura, Thiruvananthapuram.

Opposite parties:

1. Managing Director, Kerala Water Authority, Vellayambalam, Thiruvananthapuram.

2. Assistant Engineer, KWA., PTP Sub Division, Karamana Section V, Karamana, Thiruvananthapuram.

(By Adv. R. Rajesh)

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 25..06..2004 the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 13..01..2009, the Forum on 31..01..2009 delivered the following:

ORDER

SHRI. G. SIVAPRASAD, PRESIDENT:

The facts leading to the filing of the complaint are that complainant is a consumer of the opposite parties having consumer No. KMA 4033 D. The ownership of water connection stands in the name of Smt. Rajeswari Amma. Complainant and his wife had purchased the property with building having water connection KMA 4033 D from the said Rajeswari Amma by virtue of a sale deed on 13..11..2002. Complainant had remitted water charge till 7/2003 on direction of the officials from the opposite parties office, complainant had applied for replacement of water meter and for transfer of house connection in the name of the complainant and his wife. On acceptance of the application by the opposite parties, complainant was informed that the application for replacement of water meter should be moved by the original owner of water connection and that complainant had applied accordingly along with production of new meter. Opposite parties did not replace it, since there was arrears of Rs.3,667/- from 1989 onwards. The said demand is illegal. Hence this complaint to transfer the house connection to the name of the complainant and his wife, to replace the water meter and to cancel water charge arrears.

2. Opposite parties entered appearance and filed version contending that the complaint is not maintainable either in law or on facts. KMA 4033 D stands in the name of Smt. Rajeswari Amma. Complainant had remitted water charges on the basis of 14kl/month, but on the basis of meter reading complainant had to remit water charge on the basis of 24kl/month. The said water meter became defective on 17..02..2000. Thereafter opposite parties could not take reading. On the basis of reading on 27..02..1989 and reading on 10/91 water charge has been revised and the same was informed to the complainant. There was arrangement for remittance of arrears amount in installment also. Even then complainant did not remit the arrear amount. Hence opposite parties did not transfer the house connection in the name of the complainant. As per the provisions of Water Supply Regulation the consumer had to remit water arrears amount to transfer the house connection. Further defective meter should be replaced with new one at the cost of the consumer. Consumer is liable to remit the arrear amount to the tune of Rs.3,667/-. Hence opposite parties prayed for an order directing the complainant to pay the arrear amount and replace the defective meter with new one.

3. The points that arise for consideration are:

1. Whether the complainant is liable for the amount as claimed by the opposite parties?

2. Whether the complainant is entitled to get house (water) connection transferred?

3. Whether complainant is entitled to replacement of water meter?

4. Whether there has been deficiency in service on the part of opposite parties

5. Other reliefs?

4. In support of the complaint, complainant has filed affidavit and marked Exts.P1 to P6. In rebuttal, 2^nd opposite party has filed affidavit. Opposite parties did not file any documents.

5. Points (i) to (v) : Admittedly, ownership of water connection No. KMA 4033 D stands in the name of Smt. Rajeswari Amma. It has been the case of the complainant that complainant had purchased the property with building TC 17/1773 having water connection No. KMA 4033 D from Smt. Rajeswari Amma by virtue of a sale deed on 13..11..2002. Complainant had furnished the photocopy of the said sale deed which is on the record. As per the said sale deed No.3179/2002, the property with building therein, is seen purchased in the name of the complainant and his wife Prasannakumari. As per the schedule of property description, the building TC 17/1773 is having water connection No. KMA 4033 D. Thus by virtue of the said sale deed, complainant and his wife became the absolute owner of the scheduled property with building therein having water connection, electric connection etc. It has also been the case of the complainant that though the above said water connection stands in the name of the prior owner Rajeswari Amma, complainant had remitted water charge till 7/03, that on direction by the official from the opposite parties concerned, complainant had applied for replacement of water meter and for transfer of ownership of house connection in the name of the complainant and his wife, that on acceptance of the application by opposite parties, complainant was informed by opposite parties that the application for replacement of water meter should be moved by the original (prior) owner of water connection and that complainant had applied accordingly on 03.07.2003 along with production of new meter. It has also been the case of the complainant that opposite parties did not replace the water meter since there was arrears of Rs.3,667/- from 1989 onwards. Submission by opposite parties is that as per the provision of the Water Supply Act, the transfer of ownership of house connection will be considered only after the remittances of the arrears amount. Ext.P1 is the copy of the Provisional Invoice Card. As per Ext.P1, the consumer No. KMA 4033 D stands in the name of Rajeswari Amma. As per the payment schedule printed on the overleaf of Ext.P1 schedule the last remittance date is 20.05.2003 and as per foot note it is stated that the amount indicated for monthly payment is only provisional. The actual amount due will be ascertained on reading the meters and necessary adjustment bill showing amounts due from the consumer will be sent to her once in six month. Non-issuance of the said bill in time is a clear deficiency of service. Ext. P2 is the copies of water receipts. As per Ext.P2 the last payment is on 03..07..2003. Ext.P3 is the copy of the application for replacement of the meter. Ext.P4 is the copy of the certificate of the meter test issued by the opposite parties. Ext.P5 is the copy of the notice issued by the opposite parties to the consumer for replacement of the water meter. Ext.P6 is the consumer bill dated 21..08..2003 for Rs.3,672/- issued by the opposite parties. As per Ext.P6 previous reading as on 01..10..1991 was 3311kl and present reading as on 27..07..1993 was 3619. It is on the basis of the said reading average consumption of 24kl was calculated. It is pertinent to note that the bill is seen issued on 21..08..2003 on the basis of the said average consumption. The meter remains faulty as per Ext.P5 notice, the present consumer/complainant is ready to replace the meter. Since complainant is the present owner of the said house by virtue of the sale deed dated 13..11..2002, the liability of the complainant towards water charge starts from 13..11..2002. Since the water meter remains faulty, and calculation as per Ext.P6 bill is on the basis of the average consumption from 01..10..1991 to 27..07..1993, we find complainant is not liable to pay the amount as per Ext.P6 bill as claimed by opposite parties. Submission urged by the complainant is that he is ready to remit the amount on the basis of meter reading after the date of purchase of the said building. To meet the ends of justice and equity, first of all, house connection should be transferred in the name of the complainant and his wife Smt. Prasannakumari, thereafter, they must be permitted to replace the meter with the new one. After installation of the new meter, opposite parties have to assess the average meter reading for 3 months and on the basis of the average meter reading opposite parties have to assess water consumption of the complainant retrospectively for the whole period from 1/2003, since the former consumer is seen remitted amount till 12/2002 as per Ext.P2(d). Complainant has to remit Rs.2,000/- to opposite parties and on receipt of Rs.2,000/- opposite parties have to transfer the house connection in the name of the complainant and his wife and permit them to install new meter in their premises, and on the basis of average consumption of water for 3 months, opposite parties shall raise water bill for the whole period retrospectively from 1/2003, after deduction of the amount of Rs.2,000/- as per the order of the Forum and other amounts, if any, already remitted by the complainant since from 1/2003.

In the result, complaint is allowed. The bill dated 21..08..2003 for Rs. 3,672/- (Rupees Three thousand six hundred and seventytwo only) issued by the opposite parties is hereby quashed. Complainant shall remit Rs.2,000/- (Rupees Two thousand only) to opposite parties. On receipt of Rs.2,000/-, opposite parties shall transfer house (water) connection KMA 4033 D to the name of J.Premnath and P.Prasannakumari and permit them to install new water meter in the premises. On the basis of average consumption of water for three months from the date of installation of the new meter, opposite parties shall raise water bill for the whole period retrospectively from 1/2003. The amount of Rs.2,000/- (Rupees two thousand only) to be remitted by the complainant and other amounts, if any, already remitted by the complainant towards water charges from 1/2003 shall be deducted in the bill to be issued to the complainant. There will be no compensation and cost in facts and circumstances of the case. 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 Forum, this the 31^st day of January, 2009.

G. SIVAPRASAD,

PRESIDENT.

BEENA KUMARI .A : MEMBER

S.K. SREELA : MEMBER

ad.

O.P.No.285/2003

APPENDIX

I. Complainant's witness: NIL

II. Complainant's documents:

P1 : Photocopy of provisional invoice card of Con.No.KMA 4033.

P2 : " receipt No.C 117313 dated 05/02/2000

P2(a) " No.C 152180 dated 25/05/2001

(b) " No.C 153034 dated 7/06/2001

(c) " No.H-026458 dated 13/9/2002

(d) " No. H 029252 dated 18/10/2002

(e) " No. H 047263 dated 20/5/2003

(f) " No.H 051188 dated 3/07/2003

P3 : Photocopy of the complaint dated 3/7/2003

P4 : " certificate dated 30/6/2003 of meter No. A 31018

P5 : " notice dated 25/08/2003

P6 : " consumer bill No.39 dated 21/08/2003 of consumer No.KMA/4033/D

III. Opposite parties' witness : NIL

IV. Opposite parties' documents : NIL

PRESIDENT

ad.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI .A : MEMBER

SMT. S.K. SREELA : MEMBER

O.P.NO. 285/2003 Filed on 19/07/2003

Dated: 31..01..2009

Complainant:

J. Premnath, TC.No.17/1773, PURA-40, Nallathu Road, Poojappura, Thiruvananthapuram.

Opposite parties:

1. Managing Director, Kerala Water Authority, Vellayambalam, Thiruvananthapuram.

2. Assistant Engineer, KWA., PTP Sub Division, Karamana Section V, Karamana, Thiruvananthapuram.

(By Adv. R. Rajesh)

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 25..06..2004 the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 13..01..2009, the Forum on 31..01..2009 delivered the following:

ORDER

SHRI. G. SIVAPRASAD, PRESIDENT:

The facts leading to the filing of the complaint are that complainant is a consumer of the opposite parties having consumer No. KMA 4033 D. The ownership of water connection stands in the name of Smt. Rajeswari Amma. Complainant and his wife had purchased the property with building having water connection KMA 4033 D from the said Rajeswari Amma by virtue of a sale deed on 13..11..2002. Complainant had remitted water charge till 7/2003 on direction of the officials from the opposite parties office, complainant had applied for replacement of water meter and for transfer of house connection in the name of the complainant and his wife. On acceptance of the application by the opposite parties, complainant was informed that the application for replacement of water meter should be moved by the original owner of water connection and that complainant had applied accordingly along with production of new meter. Opposite parties did not replace it, since there was arrears of Rs.3,667/- from 1989 onwards. The said demand is illegal. Hence this complaint to transfer the house connection to the name of the complainant and his wife, to replace the water meter and to cancel water charge arrears.

2. Opposite parties entered appearance and filed version contending that the complaint is not maintainable either in law or on facts. KMA 4033 D stands in the name of Smt. Rajeswari Amma. Complainant had remitted water charges on the basis of 14kl/month, but on the basis of meter reading complainant had to remit water charge on the basis of 24kl/month. The said water meter became defective on 17..02..2000. Thereafter opposite parties could not take reading. On the basis of reading on 27..02..1989 and reading on 10/91 water charge has been revised and the same was informed to the complainant. There was arrangement for remittance of arrears amount in installment also. Even then complainant did not remit the arrear amount. Hence opposite parties did not transfer the house connection in the name of the complainant. As per the provisions of Water Supply Regulation the consumer had to remit water arrears amount to transfer the house connection. Further defective meter should be replaced with new one at the cost of the consumer. Consumer is liable to remit the arrear amount to the tune of Rs.3,667/-. Hence opposite parties prayed for an order directing the complainant to pay the arrear amount and replace the defective meter with new one.

3. The points that arise for consideration are:

1. Whether the complainant is liable for the amount as claimed by the opposite parties?

2. Whether the complainant is entitled to get house (water) connection transferred?

3. Whether complainant is entitled to replacement of water meter?

4. Whether there has been deficiency in service on the part of opposite parties

5. Other reliefs?

4. In support of the complaint, complainant has filed affidavit and marked Exts.P1 to P6. In rebuttal, 2^nd opposite party has filed affidavit. Opposite parties did not file any documents.

5. Points (i) to (v) : Admittedly, ownership of water connection No. KMA 4033 D stands in the name of Smt. Rajeswari Amma. It has been the case of the complainant that complainant had purchased the property with building TC 17/1773 having water connection No. KMA 4033 D from Smt. Rajeswari Amma by virtue of a sale deed on 13..11..2002. Complainant had furnished the photocopy of the said sale deed which is on the record. As per the said sale deed No.3179/2002, the property with building therein, is seen purchased in the name of the complainant and his wife Prasannakumari. As per the schedule of property description, the building TC 17/1773 is having water connection No. KMA 4033 D. Thus by virtue of the said sale deed, complainant and his wife became the absolute owner of the scheduled property with building therein having water connection, electric connection etc. It has also been the case of the complainant that though the above said water connection stands in the name of the prior owner Rajeswari Amma, complainant had remitted water charge till 7/03, that on direction by the official from the opposite parties concerned, complainant had applied for replacement of water meter and for transfer of ownership of house connection in the name of the complainant and his wife, that on acceptance of the application by opposite parties, complainant was informed by opposite parties that the application for replacement of water meter should be moved by the original (prior) owner of water connection and that complainant had applied accordingly on 03.07.2003 along with production of new meter. It has also been the case of the complainant that opposite parties did not replace the water meter since there was arrears of Rs.3,667/- from 1989 onwards. Submission by opposite parties is that as per the provision of the Water Supply Act, the transfer of ownership of house connection will be considered only after the remittances of the arrears amount. Ext.P1 is the copy of the Provisional Invoice Card. As per Ext.P1, the consumer No. KMA 4033 D stands in the name of Rajeswari Amma. As per the payment schedule printed on the overleaf of Ext.P1 schedule the last remittance date is 20.05.2003 and as per foot note it is stated that the amount indicated for monthly payment is only provisional. The actual amount due will be ascertained on reading the meters and necessary adjustment bill showing amounts due from the consumer will be sent to her once in six month. Non-issuance of the said bill in time is a clear deficiency of service. Ext. P2 is the copies of water receipts. As per Ext.P2 the last payment is on 03..07..2003. Ext.P3 is the copy of the application for replacement of the meter. Ext.P4 is the copy of the certificate of the meter test issued by the opposite parties. Ext.P5 is the copy of the notice issued by the opposite parties to the consumer for replacement of the water meter. Ext.P6 is the consumer bill dated 21..08..2003 for Rs.3,672/- issued by the opposite parties. As per Ext.P6 previous reading as on 01..10..1991 was 3311kl and present reading as on 27..07..1993 was 3619. It is on the basis of the said reading average consumption of 24kl was calculated. It is pertinent to note that the bill is seen issued on 21..08..2003 on the basis of the said average consumption. The meter remains faulty as per Ext.P5 notice, the present consumer/complainant is ready to replace the meter. Since complainant is the present owner of the said house by virtue of the sale deed dated 13..11..2002, the liability of the complainant towards water charge starts from 13..11..2002. Since the water meter remains faulty, and calculation as per Ext.P6 bill is on the basis of the average consumption from 01..10..1991 to 27..07..1993, we find complainant is not liable to pay the amount as per Ext.P6 bill as claimed by opposite parties. Submission urged by the complainant is that he is ready to remit the amount on the basis of meter reading after the date of purchase of the said building. To meet the ends of justice and equity, first of all, house connection should be transferred in the name of the complainant and his wife Smt. Prasannakumari, thereafter, they must be permitted to replace the meter with the new one. After installation of the new meter, opposite parties have to assess the average meter reading for 3 months and on the basis of the average meter reading opposite parties have to assess water consumption of the complainant retrospectively for the whole period from 1/2003, since the former consumer is seen remitted amount till 12/2002 as per Ext.P2(d). Complainant has to remit Rs.2,000/- to opposite parties and on receipt of Rs.2,000/- opposite parties have to transfer the house connection in the name of the complainant and his wife and permit them to install new meter in their premises, and on the basis of average consumption of water for 3 months, opposite parties shall raise water bill for the whole period retrospectively from 1/2003, after deduction of the amount of Rs.2,000/- as per the order of the Forum and other amounts, if any, already remitted by the complainant since from 1/2003.

In the result, complaint is allowed. The bill dated 21..08..2003 for Rs. 3,672/- (Rupees Three thousand six hundred and seventytwo only) issued by the opposite parties is hereby quashed. Complainant shall remit Rs.2,000/- (Rupees Two thousand only) to opposite parties. On receipt of Rs.2,000/-, opposite parties shall transfer house (water) connection KMA 4033 D to the name of J.Premnath and P.Prasannakumari and permit them to install new water meter in the premises. On the basis of average consumption of water for three months from the date of installation of the new meter, opposite parties shall raise water bill for the whole period retrospectively from 1/2003. The amount of Rs.2,000/- (Rupees two thousand only) to be remitted by the complainant and other amounts, if any, already remitted by the complainant towards water charges from 1/2003 shall be deducted in the bill to be issued to the complainant. There will be no compensation and cost in facts and circumstances of the case. 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 Forum, this the 31^st day of January, 2009.

G. SIVAPRASAD,

PRESIDENT.

BEENA KUMARI .A : MEMBER

S.K. SREELA : MEMBER

ad.

O.P.No.285/2003

APPENDIX

I. Complainant's witness: NIL

II. Complainant's documents:

P1 : Photocopy of provisional invoice card of Con.No.KMA 4033.

P2 : " receipt No.C 117313 dated 05/02/2000

P2(a) " No.C 152180 dated 25/05/2001

(b) " No.C 153034 dated 7/06/2001

(c) " No.H-026458 dated 13/9/2002

(d) " No. H 029252 dated 18/10/2002

(e) " No. H 047263 dated 20/5/2003

(f) " No.H 051188 dated 3/07/2003

P3 : Photocopy of the complaint dated 3/7/2003

P4 : " certificate dated 30/6/2003 of meter No. A 31018

P5 : " notice dated 25/08/2003

P6 : " consumer bill No.39 dated 21/08/2003 of consumer No.KMA/4033/D

III. Opposite parties' witness : NIL

IV. Opposite parties' documents : NIL

PRESIDENT