DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 1st day of December 2007.<br /> <br /> <br /> Present: Prof.O.Unnikrishnan, President in charge <br /> Smt.K.P.Suma, Member<br /> <br /> <br /> C.C.No.20/2007<br /> <br /> Bava @ Mohammed Ali.A.T.<br /> Anthurathodi House<br /> Kaippuram,<br /> Palakkad - Complainant<br /> <br /> V/s<br /> <br /> The Assistant Executive Engineer<br /> Kerala Water Authority<br /> Sub Division<br /> Pattambi . - Opposite party <br /> <br /> O R D E R<br /> Order by Smt.K.P. Suma, Member<br /> <br /> The complainant in this case is consumer who is having a domestic water connectionNo.424/IV from the opposite party. He was paying a monthly slab of Rs.22/- per month. He alleges that he had paid water charges till May 2005 and the amount due for December 2005 is only Rs.775/-. But the opposite party has issued a bill for Rs.5,237/- to the complainant to be paid with interest within 30 days. The complainant submits that he has never consumed so much of water and he is not liable to pay such an excessive amount.<br /> <br /> The complainant further submits that he delay in not taking the meter <br /> - 2 -<br /> reading regularly and in not furnishing the excess bill in time amounts to deficiency of service on their part. The complainant who is a driver by profession, is laid up and has no means to pay the bill. Hence he has approached before the forum to direct the opposite party to exonerate the complainant from payment of excess bill of Rs.5237/- and also to pay Rs.10,000/- as compensation and cost of their proceedings.<br /> <br /> Notice was issued to opposite party for appearance after admitting the complaint. Opposite party entered appearance but no version was filed. Complainant filed proof affidavit along with documents. Exbt A1 to A7 was marked from the side of the complainant.<br /> <br /> Opposite party filed an application to condone the delay in filing version. Application was allowed. Version of opposite party was received. Opposite party contended that according to the meter reading of the complainant dated 18.04.2002 the consumption was 2078 Kilo litres. Further reading on 24.11.05 shows that the consumption was 3715 KL. Accordingly the complainant had consumed 1637 KL of water during the said period.<br /> <br /> The average consumption of the complainant from 5/02 to 11/2005 is 88 KL per month. The said consumption was divided into 43 months and the complainant had consumed water @ Rs.122/- per month. Accordingly an amount of Rs.5246/- along with a fine of Rs.30/- is due to the complainant. Further reading taken on 27.06.06 shows as 3904 KL. So the average consumption for the said period is 189 KL. The said consumption was taken for 12 months and accordingly the complainant had consumed water @ 73/- per <br /> month. For the said period the complainant had to pay Rs.50/-. <br /> <br /> - 3 -<br /> Accordingly, the complainant had to pay an amount of Rs.6122/- for the month of 2002 May till 2006 November. The complainant had already paid Rs.814/- for the said period. After deducting the said amount, a balance amount of Rs.5388/- is due from the complainant. The above complaint is filed with malafide intention so as to drag the payment. There is no negligence, deficiency of service or unfair trade practice on their part. Hence the complaint has to be dismissed with compensatory costs.<br /> <br /> Opposite party also filed proof affidavit along with documents. Exbt B1 and B2 was marked . Evidence was closed and matter was heard. We have perused the relevant documents produced before the forum. It is noticed from Exbt A4 that the opposite party has issued an excess bill No.1161 dated 19.10.2006 for an amount of Rs.5237/-. It is evident from Ext B1 that an amount of Rsx.5388/- is due from the complainant as on November 2006. There is no doubt from Ext A2 and Ext B2 that the bill amount prepared by the opposite party was for the actual consumption of water in accordance with the meter reading recorded in the Meter card. It is obvious from the Exbts A5 that the complainant was willing to remit the balance bill amount in instalments. In this context, we are not in a position to attribute deficiency of service on the part of opposite party. However we direct opposite party to make necessary arrangements for the payment of the balance amount on instalment basis. Both the parties shall bear their respective costs<br /> <br /> Pronounced in the open court on this the 1st day of December 2007<br /> <br /> President in charge (SD)<br /> <br /> Member (SD)<br /> - 4-<br /> APPENDIX<br /> <br /> Exhibits marked on the side of the complainant<br /> Ext.A1 – Professional Invoice card<br /> <br /> Ext.A2 – Consumer meter card<br /> <br /> Ext.A3 – Receipt of payment of monthly subscription<br /> <br /> Ext.A4 – Excess bill issued by opposite party <br /> <br /> Ext.A5 series – Registered letter issued by complainant to opposite party<br /> with postal receipt and acknowledgement<br /> <br /> Ext.A6 – Post card send by opposite party demanding payment<br /> <br /> Ext.A7 – Letter issued by complainant to opposite party requesting instalment<br /> payments under Certificate of posting.<br /> <br /> Exhibits marked on the side of the opposite party <br /> Ext.B1 – Statement of accounts<br /> Ext.B2 – Consumer personal ledger (extract)<br /> <br /> Forwarded/by Order,<br /> <br /> Sd/-<br /> Senior Superintendent<br /> <br />