BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 30/08/2013

Date of Order : 19/09/2014

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 612/2013

Between

And

O R D E R

V.K. Beena Kumari, Member.

1. The facts of the case leading to this complaint are as follows :-

The complainant, the Mother Superior of the St. Pauis Convent obtained 'domestic' water connection from the opposite party with Consumer No. 18/1280/D to the residential building of the convent wherein five catholic nuns were staying the complainant has been using the said water connection and the water charges are being paid regularly and without any dues. While so, the complainant received a notice No. 18889 dated 25-09-2012 from the opposite party stating that the complainant's water meter was not working and the water connection has been shifted from 'domestic' category to 'non-domestic' category. The complainant took immediate steps to install a new water meter. The Executive Engineer of the opposite party issued a letter dated 20-12-2012 stating that the complainant's water connection has been shifted to 'non-domestic' category from October 2012 onwards and the consumer No. was changed to E 18/1280/N. The complainant filed objection to the bills dated 07-02-2013 and 06-04-2013 issued by the opposite party. The opposite party did not give any reply to the said objection, instead threatened the complainant that the water connection would be disconnected, if the above bill amounts are not paid. Therefore, the complainant paid the bills. The complainant is very much aggrieved by the arbitrary and highhanded action of the opposite party. Hence the complainant approached this Forum seeking direction against the opposite party to revise the water charge bills categorizing the complainant under the domestic tariff and to refund or adjust the excess amount paid in future bills and to pay Rs. 5,000/- towards compensation for the mental agony suffered by the complainant along with costs of the proceedings.

2. The version of the opposite party is as follows :-

It is contended by the opposite party that the complaint is not maintainable either in law or on facts of the case, that the case filed by the complainant is only to harass the opposite party. The opposite party submitted that the drinking water supply of Kochi Corporation was taken over by the Kerala Water Authority during the month of April 1991, that the Corporation of Kochi had given water connection to the complainant originally under non-domestic category and it was later converted to Domestic category. Thereafter, the complainant was remitting the water charges in domestic tariff. While so, under Section 37 (F) of the Kerala Water Supply and Sewerage Act 1986, the water connection to convent was categorized as non-domestic category. The water connection given to the complainant was converted to non-domestic category with effect from September 2012. The contention of the complainant that the opposite party had arbitrarily converted the water connection to the complainant into non-domestic category not correct, that the change was affected in accordance with the above mentioned Act. There is no deficiency in service on the part of the opposite party, there is no unfair trade practice on the part of the opposite party. Hence this complaint is liable to be dismissed with costs to the opposite party.

3. The complainant was examined as PW1. The documentary evidences adduced by the complainant were marked as Exts. A1 to A9. Neither oral nor documentary evidence adduced by the opposite party. Heard the learned counsel for the contesting parties.

4. The issues that arose for consideration in this case are as follows :-

1. Whether the complainant is entitled to get revised water charge bills under domestic category?

2. Whether the complainant is entitled to get refund or adjustment of the excess water charges paid to the opposite party?

3. Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainant?

5. Point No. i. :- The complainant is the Mother Superior of St. Pauis Convent, Palluruthy. Initially, the water connection was given to the complainant by Cochin Corporation under the 'non-domestic' category and later the connection was converted to 'domestic' category. The drinking water supply was taken over by the Kerala Water Authority (KWA) during the month of April 1991 and the complainant continued under the domestic category and was remitting the water charges in domestic tariff, without any fail. While so, the complainant received Ext. A2 notice No. 18889 dated 25-09-2012 stating that the water connection has been shifted from 'domestic' category to 'non-domestic' category. Later vide Ext. A4 letter of the Assistant Executive Engineer, the complainant was intimated that domestic connection (Consumer No. 18/1280/D) was converted to non-domestic category (consumer No. 18/1280/N) with effect from October 2012. Since, the water being used for non-domestic purposes. The complainant submitted Ext. A5 letter dated 06-03-2013 to the Assistant Executive Engineer stating that the St. Pauis Convent is the residential house of the nuns and no hostel, home stay or dormitory is being run in the said premises and the water is being used only for domestic purposes. It was also submitted that the classification of the complainant's water supply connection in the non-domestic category is without any valid reason, therefore classification may be reconverted to domestic category and bills may be issued in domestic tariff. The counsel for the complainant contended that no action taken by the opposite party in furtherance of the above letter, instead threatened the complainant with disconnection of the water supply, if the bills under non-domestic category are not paid. It is contended that in order to avoid disconnection of water supply, the complainant paid the water charges in non-domestic tariff. There is no objection as to the payment of water charge bills as per Ext. A7 series in the non-domestic tariff from 25-09-2012 onwards. The complainant approached this Forum with request to revise the bills issued under the non-domestic category and to issue fresh bills to the complainant in domestic tariff under domestic category. Now, the question to be decided in whether the convent run by the complainant is a commercial establishment so as to justify the classification of the complainant convent under non-domestic category and the issuance pf water charge bills in the non-domestic tariff. The counsel for the complainant relied on the decision of the Hon'ble High Court of Kerala in Mother Superior Vs. Kerala Water Authority reported in 2005 CD KLT 699 wherein it was held as follows :-

“A reading of Sec.37 of the Kerala Water Supply and Sewerage Act, 1986 would indicate that supply of water for residential purpose is coming under domestic purpose. The question to be decided is whether the petitioner is entitled for water charges at domestic rate or not. The petitioner convent is the residential places of women devoted to religious life and thus outside the purview of commercial establishments. The mere fact that average consumption of water per month is very high is the reason to include the petitioner in the non-domestic category, is not sustainable. The allegation that the petitioner has accommodated students in the convent would not show that it is a lodging house or any monthly rent has been collected from them. That apart the petitioner convent is the residential places of sisters and nuns. The petitioner convent is liable to pay rates for the water consumed at domestic rates and not at non-domestic rates.”

6. The above decision squarely apply to the facts of the present case. In view of the above decision of the Hon'ble High Court of Kerala, we find that the complainant is entitled to get revised water charge bills under the non-domestic category and to get fresh bills in domestic tariff under the domestic category.

7. In view of the observation in the foregoing paragraph, we direct the opposite party to revise the water charge bills from 25-09-2012 onwards as evidenced by Ext. 7 series bills and to issue fresh water charge bills under domestic category as per the domestic tariff from 25-09-2012 onwards.

8. Point No. ii. :- It is contended by the counsel for the complainant that in order to avoid disconnection of water supply, the complainant had paid the water charge bills issued in non-domestic tariff as evidenced by Ext. A9 series receipts of the Kerala Water Authority. We direct the opposite party to confirm the total payments effected by the complainant under the non-domestic category and to adjust the excess amount paid against the dues in the future bills under domestic category in domestic tariff.

9. Point No. iii. :- The orders issued by this Forum in the foregoing paragraphs is found sufficient to mitigate the mental agony of the complainant. Therefore, no compensation or costs allowed to the complainant.

10. In the result, the complaint is partly allowed and we direct as follows :-

1. The opposite party shall issue fresh water charge bills from 25-09-2012 onwards under the domestic category to the complainant after cancelling the bills issued from 25-09-2012 onwards under non-domestic category.

2. The opposite party shall also adjust the excess amount paid by the complainant against the dues in future bills under the domestic category.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 19^th day of September 2014.

Sd/- V.K. Beena Kumari, Member.

Sd/- A. Rajesh, President.

Sd/- Sheen Jose, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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