IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday, the 28th day of September, 2017
Filed on 15.04.2016.
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.141/2016
Between
Complainant: Opposite parties:
Sri.M.R. Muraleedharan Pillai 1. The Assistant Engineer
Muraleeshdanam Water Authority
South Aryad Vazhichery Junction
Near Vysapuram Shiva Temple Alappuzha 688 006
Alappuzha-688 006
2. The Assistant Executive Engineer
Water Authroity
Vazhichery Junction
Alappuzha-688 001
3. The District Officer
Water Authority
Vazichery Junction
Alappuzha – 688 001
4. The Managing Director
Kerala Water Authority
Vellayambalam, Trivandrum
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant is living alone in the house. He has bore well connection and hence no need to use minimum water from the water authorities’ connection. But the opposite party issued bills for an amount of Rs. 1306, 15857, 15843 etc. to the complainant. Complainant made so many complaints before the opposite party. So far no response from the opposite party. Alleging deficiency in service on the part of the part of the opposite party this complaint is filed.
2. Version of the opposite party is as follows;-
Water meter of the complainant was covered with soil. The water tank was an old one and there is a chance for water leakage. Complainant is bound to find solution for the leakage of water. There is no deficiency in service on the part of the opposite party.
3. Complainant was examined as PW1, document produced were marked as Ext.A1 series and Ext.A2. The opposite party was examined as RW1 the documents produced were marked as Ext.B1 and Ext.B2
4. Points for considerations are:-
- Whether there is any deficiency in service on the part of opposite party?
- If so reliefs and costs?
5. According to the complainant he used only minimum water and he was paying water charges at the minimum rate. But he has got excess bill demanding to pay Rs.1306, 15587, etc from 28/7/15 onwards. Complainant produced the bill issued by the opposite party from 28/7/2015 onwards and it was marked as Ext.A1 series. According to the opposite party complainant has not remitted water charge from 30/5/2015 on wards and there was leakage in the water line from the meter to the water tank of the complainant. In order to substantiate their contention they produced report of the meter inspector but it was not proved by examing the meter inspector. Apart from that while cross examine the complainant he deposed that
- 4 {]mhiyw aoäÀ C³kvs]-IvSÀ h¶v ]cn-tim-[n-¨n-«pv ]t£ aoä-dnt\m sse\nt\m Sm¦nt\m bmsXm-cp-hn[ eo¡pw -\m-fn-Xp-hsc Dm-bn-«n-Ã.” Since the leakage of the pipe line was not proved the contention of the opposite party regarding hike of the water charge is not relayable. More over from the meter reading shown in Ext.A1series it is clear that the complainant was using minimum water. Apart from that the opposite party is not carry out the periodical meter reading and not fixed the average consumption of the consumers as envisaged under the rules. Without doing so the opposite party has no right to demand huge amounts towards arrears. The bills issued to the complainant also show the minimum consumption during the period from 28/7/2015 to 20/5/2017. From the above discussion this Forum arrived that by not carrying out periodical meter reading and by not fixing the average consumption of the consumer the opposite party violated the mandatory provisions in Kerala Water Authority Regulation Act. 1991.
In the result impugned bill claiming arrears as Rs.19732/- (Rupees Nineteen thousand Seven hundred and Thirty two only) is set asided. Complainant need only to pay the water charges as per reading since 28/7/2015 onwards after deducting the amount already remitted by him. The opposite party is directed to pay Rs.1000/-(Rupees Thousand Only) towards cost of the proceedings. Since primary relief is allowed no further relief as to compensation. The order shall be complied within one month from the receipt of this order.
Dictated to the Confidential Assistant transcribed by him corrected by me and pronounced in
open Forum on this the 28th day of September, 2017.
Sd/-Smt.Elizabeth George (President) :
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - M.R. Muraleedharan Pillai (Witness)
Ext.A1Series - Bill
Ext.A2 - Copy of letter
Evidence of the opposite parties:-
RW1 - Asst. Engineer (Witness)
Ext.B1 - Letter from complainant
Ext.B2 - Bills details.
//True copy//
By Order
Senior Superintendent
To
Complainant/Opposite parties/SF
Typed by: Br/-
Comped . by:
