DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 30th day of April 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 25/03/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.58/2017)
Phalgunan,
Principal,
Teachers Training Institute,
Nemmara Post,
Palakkad – 678 510. - Complainant
(By Adv.K.Sureshkumar)
V/s
The Assistant Engineer, - Opposite party
Kerala Water Authority,
P.H.Section Office,
Nemamra Post,
Palakkad.
(By Adv.K.A.Stanley James)
O R D E R
By Sri. V.P.Anantha Narayanan, Member
The case of the complainant is explained below in a nutshell.
Complainant is the principal of Teachers Training Institute, Nemmara, Palakkad and has taken water connection to the women’s hostel belonging to the Training Institute with door No.V/159, New Village, Nemmara and consumer No.NMA/335/N (Non Domestic). The opposite party issued a demand cum disconnection notice dated.17.03.2017 to the complainant. According to the complainant, on 21.03.2017 the opposite party people reached the hostel of the complainant and harassed the complainant’s staff and disconnected the water connection without giving a proper notice to the complainant before disconnection. As per the notice of 17.03.2017 the opposite party demanded the complainant to pay Rs.1,16,481/- and this amount should be paid without fine on or before 5th April 2017; otherwise the water connection would be disconnected on or before 2nd May 2017. According to the complainant the opposite party has disconnected illegally the water connection of the complainant and due to this acts of the opposite party the complainant suffered much mental agony. Complainant also pleads that 30 female students are staying in the hostel with Government Grant and they wholly depend upon the opposite party’s water connection; in addition to these 30 students, 25 students belonging to ST community from Nelliyampathy and Attappadi stay in the above hostel. According to the complainant, since their examination time table was announced (from 17.04.2017 to 21.04.2017), due to water connection disconnection the future of the students was adversely affected. In order to restore the water connection by the opposite party, the complainant contacted Kerala Water Authority in person and through phone several times and requested them to restore the connection, but there was no response from the part of the opposite party, which act on the part of opposite party shows deficiency in service and unfair practice which has caused huge loss to the complainant, as appealed by the complainant.
Therefore complainant prays to the Hon’ble Froum to issue notice to the opposite party directing the opposite party to restore the disconnected water connection in the complainant’s women’s hostel of Teachers Training Institute Nemmara, to award compensation of Rs.20,000/- for the mental agony sustained by the complainant and Rs.10,000/- as compensation from the opposite party towards loss of service to the students staying in the hostel from the opposite party and deficiency in service plus the litigation costs incurred plus any other proper relief.
Complaint was admitted and notice was issued to opposite party to file their version. Opposite party filed version in which they contended that except those admitted facts, all the aversions in the complaint are denied by the opposite party. According to the opposite party, complainant is not a consumer and in the water connection mentioned in the complaint the consumer is “Smt.Leelamani, V/159, New Village, Nemmara”. According to the opposite party the above water connection was given in the name of Smt.Leelamani on 28.11.1986 as domestic connection, but this connection was changed to non domestic water connection in December 2011. In this connection the monthly water charge was fixed in provisional invoice card at 80 kilo liters rate and the water charge was fixed @ Rs.1,392/- upto September 2014 and after hike in water charge by the Government, the same was fixed at Rs.2,352/-. According to the opposite party, the complainant upto July 2010 paid only monthly water charge at 80 kilo liters rate, mentioned in the provisional invoice card. But since in the said water connection the complainant paid monthly water charge for 80 kilo liters as recorded in the provisional invoice card; but since in the said connection water consumption was more than 80 kilo liters per month, four excess water usage water charge bills were given to the complainant at appropriate time. According to the opposite party on the above mentioned water connection from August 2010 to June 2014 water charge was fixed at 80 kilo liters rate per month in the provisional invoice card and because of excess consumption, four excess consumption bills upto June 2014, totally amounting to Rs.92,217/- (without fine) was not paid by the complainant and therefore the above water connection was disconnected on 26th June 2014. The complainant participated in arrears clearance adalath conducted on 20.02.2015 at Kerala Water Authority, P.H Circle Office, Palakkad. Further, opposite party contends that on the above said water connection upto February 2015 including fine total arrears were Rs.1,54,613/-. As per adalath order from the arrear amount Rs.85,450/- was excluded and refixed as Rs.69,163/- which was allowed to be paid by the complainant in 10 instalments. Also, as per the request of the complainant the said water connection was reconnected on 23.02.2015. The adalath order was agreed by the complainant who also consented to the payment of the amount due in ten instalments. But the complainant paid only five instalments and did not pay monthly water charge from February 2015 to date. The opposite party allowed one month’s time also to the complainant to remit bimonthly water charges along with interest as per abacus which with fine was the time for remitting last two months water charges. But the complainant consumer did not pay water charge from August 2010. Four excess bill amounts because of excess water usage and also adalath order were not complied. Hence, the said water connection was disconnected on 21.03.2017. Opposite party also contends that to restore the water connection complainant contacted Palakkad District Collector, as per his instruction and on the basis of complainant’s assurance that the arrear amount would be remitted before 2nd May 2017, reconnection was given on 28th March 2017. Opposite party further contends that the complainant contacted this Forum for not paying the arrear amount. Hence opposite party prays to the Hon’ble Forum to order the complainant to remit the arrear water bill amount.
This case was heard on admission and the case was admitted complainant filed IA 117/17 to restore the water connection. Complainant and the opposite party filed chief affidavits, from the side of the complainant Ext.A1, and Exts.A2 & A3 with objection were marked. Opposite party filed documents Exts.B1 to B6 which were marked. Complainant was heard in part and opposite party was heard.
The following issues arise this case.
- Whether there is any deficiency in service and/or unfair trade practice on the part of the opposite party ?
- If so, the relief and cost available to the complainant?
Issues 1 & 2
In this case the complainant filed the complaint for getting compensation due to deficiency in service committed by the opposite party. The opposite party issued a demand and disconnection notice dated.17.03.2017 to the complainant, this notice is marked as Ext.A1 which indicates reading on 22.03.2017, date of notice, arrear amount payable, total amount payable, last date of payment without fine, last date of payment with fine to avoid disconnection of water connection etc. According to the complainant, on 21.03.2017 the opposite party disconnected the water connection of the complainant without giving him proper notice before its disconnection. As per the demand & disconnection notice the opposite party demanded the complainant to pay Rs.1,16,481/- (Rupees one lakh sixteen thousand four hundred and eighty one only) without fine on or before 5th April 2017 and with fine to avoid disconnection, on or before 2nd May 2017, but opposite party disconnected complainant’s water connection on 21.03.2017 illegally. Complainant further pleads that 30 female students stay in the hostel with Govt.grant; in addition 25 students belonging to ST community from Nelliyampathy and Attappadi are also staying in this hostel they wholly depend on this water connection. Since their examination dates were announced as 17.04.2017 to 21.04.2017, due to opposite party’s water connection disconnection the future of the students was adversely affected. The examination time table is marked as Ext.A2 with objection. The letter sent by the complainant to the opposite party dated.09.02.2015 marked as Ext.B1 was in the name of Leelamani V/159, New Village, Nemmara in which students of Teachers Training Institute were staying, where water connection was disconnected on 26.06.2014 etc. contended by the opposite party in their version. Opposite party further contends that Rs.85,450/- was waived by revising the water charge due as on 20.02.2015 from Rs.1,54,613/- to Rs.69,163/- and complainant was also granted 10 equal instalment payment facility as per the adalath order dated.20.02.2015 which is marked as Ext.B2. According to the opposite party the consumer paid only 5 instalments out of 10 instalments and the last payment was made in August 2010; the details of payments made by the consumer are shown by Ext.B3 which is the attested copy of consumer personal ledger maintained by Kerala Water Authority in respect of the concerned consumer. The 5th instalment of the 10 instalment facility was paid on 30.06.2015 which is the last payment made by the consumer which is shown by Ext.B4. Which is the attested copy of the receipt dated.30.06.2015 issued by Kerala Water Authority which indicates that Rs.8,192/- was paid on consumer no.335 on 30.06.2015 as 5th instalment. The above water connection was disconnected on 21.03.2017 on the failure of the consumer to pay the water charges from August 2010 and for violating the order given by the opposite party in the adalath. On 29.03.2017, complainant filed a complaint before Palakkad District Collector who forwarded the same to the opposite party with a note by the District Collector The copy of this complaint is marked as Ext.B5 which shows forwarding of the complaint letter dated.29.03.2017 by the Palakkad District Collector to the opposite party for restoring water connection after obtaining a letter from the authority to remit the amount soon or receipt of Govt.grant. According to the opposite party, the disconnected water connection was restored on 29.03.2017 itself. On 03.05.2017 complainant gave a letter to the Assistant Executive Engineer, Kerala Water Authority, Chittur stating that the connection was restored and requesting for allowing of time for payment of arrear amount and not to disconnect the water connection. Copy of this letter is marked as Ext.B6. According to the opposite party, as on 17.03.2017, the consumer was liable to pay Rs.1,16,481/- and the consumer still consumes water without paying the water charges from August 2010 causing huge loss to the opposite party; only 5 instalments were paid after the adalath held on 20.02.2015. Hence, opposite party contends that there is no deficiency of service or unfair trade practice on their part of the opposite party and hence, they are not liable to pay compensation to the complainant.
From the affidavits and documentary evidences produced before the Forum, we observe that as per the demand and disconnection notice dated.17.03.2017 issued to the complainant, last date of payment of bill amount without fine was mentioned as “5th April 2017” and that with fine to avoid disconnection of water connection as “2nd May 2017”. But, we observe that the opposite party is found to have disconnected complainant’s water connection in women’s hostel, Nemmara on 21.03,2017 itself and the water connection was restored by Kerala Water Authority only on 29.03.2017, that too following the direction given to that effect by the Palakkad District Collector. Hence, we view that the students staying in the TTI Womens Hostel, Nemmara are found to have been put to enormous difficulties and much mental agony during their examination preparation time due to opposite party’s disconnection of water connection on which they wholly depend which clearly proves that grave deficiency in service has been committed by the opposite party; also disconnection by Kerala Water Authority of the concerned water connection before the last dates mentioned in the demand and disconnection notice amounts to commission of unfair trade practice by the opposite party.
In the light of all of the above the complaint is allowed.
Opposite party is directed to pay to the complainant Rs.5,000/- (Rupees five thousand only) as compensation for mental agony suffered by the complainant and the students staying in his hostel whose water connection was disconnected for nearly one week and Rs.3,000/- (Rupees three thousand only) towards cost of proceedings incurred by the complainant.
Order shall be executed within one month from the date of this order, otherwise complainant is also entitled to interest at 9% p.a on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 30th day of April 2018.
Sd/-
Shiny.P.R
President
Sd/-
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Original Demand & Disconnection Notice dated.17.03.2017 issued by Kerala
Water Authority, P.H Sub Division, Chittur (Bill No.247/5139)
Ext.A2 series - Photocopy of examination time table (marked with objection)
Ext.A3 - Photocopy of document registered by SRO, Alathur dated.31.03.2005
(marked with objection)
Exhibits marked on the side of Opposite party
Ext.B1 - Photocopy of letter sent by the Principal, Teachers Training Institute,
Nemmara to the Assistant Executive Engineer, Kerala Water Authority,
P.H Sub Division, Chittur.
Ext.B2 - Original letter of Revenue Adalath 2014-15 conducted by Kerala Water
Authority, P.H Circle, Palakkad
Ext.B3 - True copy of Consumer Personal Ledger for the Consumer No.335 maintained
by Kerala Water Authority, P.H Sub Division, Chittur
Ext.B4 - True Copy of Receipt No.0285350 dated.30.06.2015 issued by Kerala Water
Authority, P.H Sub Division, Chittur
Ext.B5 - Photocopy of complaint sent by the Principal, Teachers Training Institute,
Nemmara to the District Collector, Palakkad dated.29.03.2017
Ext.B6 - Photocopy of letter dated. 03.05.2017 sent by the Principal, Teachers Training
Institute, Nemmara to the Assistant Executive Engineer, Kerala Water
Authority, P.H Sub Division, Chittur
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.3,000/-
