DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 27th day of July 2011
Present : Smt. Preetha G Nair, Member
: Smt.Bhanumathi.A.K. Member Date of filing: 27/12/2010
(C.C.No.176/2010)
Gokulraja.C
“Sreerupa”,
Chandranagar,
Palakkad – 679 007 - Complainant
(By Party in person)
V/s
1. Assistant Executive Engineer,
P.H.Division,
Kerala Water Authority,
Kalmandapam.
(By.Adv.K.Raghu)
2. Managing Director,
Jalabhavan,
Kerala Water Authority,
Vellyambalam,
Thiruvananthapuram - Opposite parties
(By.Adv.K.Raghu)
O R D E R
By Smt.BHANUMATHI.A.K. MEMBER
The case of the complainant is as follows:
The complainant is a senior citizen having a water connection with Consumer No.173/MRD. There are only three members in the family including the complainant. The monthly water charge per month is fixed as Rs.115/- by the Assistant Engineer on the basis of the average consumption by the complainant.
On 9/6/10 as per the instruction of the Assistant Executive Engineer the staff of KWA came and disconnected and dismantled the water meter saying that the complainant has not paid the water bill. But the due date of the water bill is 29/6/10 i.e. 20 days earlier itself the opposite party disconnected the water connection. Due to the act of 1st opposite party the complainant was insulted infront of the neighbours and suffered much for getting drinking water. The complainant purchased drinking water for these days at a rate of Rs.400/-
On 9/6/10 itself the complainant complained the District Collector about the illegal activities of the opposite parties. The Collector directed the Engineer to take immediate action in this case. Nothing has done by the Engineer. On 28/6/2010 the complainant got the water connection only after paying the whole of the bill amount.
On 11/12/2010 another water bill for Rs.14,444/- was issued by the Assistant Executive Engineer. Due date is 24/12/2010. This huge amount may be occurred due to the error in the meter readings. Complainant’s water meter has been verified and sealed by the KWA. Before the disconnection of the water connection itself the complainant made complaint about the meter. But it is not solved. So the complainant seeking an order directing the opposite parties to pay an amount of Rs.1,00,000/- as compensation for mental agony and refund the amount of Rs.10,409/- which is paid by the complainant. Besides revise the bill dated 11/12/2010 on the basis of Rs.115/- as monthly water charges.
Opposite parties entered appearance and 1st opposite party filed version with the following contentions. 2nd opposite party no version filed. It is true that the consumer number of the complainant is MRD/173/D. But it is not correct to say that 20 days prior to the due date, on 9/6/2010 the water connection disconnected and dismantled by KWA staff. The complainant got water connection on 1/1/91. The water charges is increased on 1/1/08 onwards. The arrear amount of the complainant upto 30/6/10 is Rs.10,409/- Due to the non payment of the water bill the water connection of the complainant is disconnected on 9/6/10. When the complainant paid water bill on 28/6/10 the connection reinstated on 3/7/10. The water meter of the complainant has been replaced. The initial reading of the new meter is 1 KL. On 20/10/10 the meter reading was taken. Meter reading is 239KL. On the basis of this, the monthly consumption of water by the complainant is calculated as 66.4KL. Water charges for 66.4KL is Rs.802/- When the water connection is reinstated the complainant is directed to pay an amount of Rs.115/- as monthly water charges according to the previous slab.
When it is verified from the personnel ledger of the complainant by KWA it is noticed that the payment made on 28/6/10 is not deducted from the demand notice. It is happened due to the computer error. So the complainant is bound to pay an amount of Rs.4035/-
Complainant filed affidavit and Ext.A1 to A13 marked. Opposite parties no affidavit filed.
Issues to be considered are
Whether there is any deficiency of service on the part of opposite parties ?
If so, what is the relief and cost ?
Complaint is regarding the disconnection of water connection 20 days prior to the due date. Complainant is a senior citizen. Total members in his family is three including the complainant. Complainant got a water bill dated 2/6/10 for Rs.10,371/- The due date of the bill is 29/6/2010. On 9/6/2010 itself KWA disconnected the water connection of the complainant. Ext.A13 shows that on 18/6/2010 complainant paid Rs.2,000/- to water authority. Ext.A1 document shows that complainant paid whole of the bill amount of Rs.10,409/- Then only KWA reinstated the water connection to the complainant. Then another bill issued to the complainant dated 9/12/10 for an amount of Rs.14,444/- According to the complainant these huge amounts will not be happened in his case as there are only three members in his family. It is due to improper meter reading. The complainant made complaints about the meter before the disconnection of the water connection. Opposite party admits that on 3/7/2010 the meter of the complainant has been replaced.
Section 13 (B) of the KERALA WATER SUPPLY REGULATION clearly stated that “the authority may also fix the monthly rates of water charges of a consumer based on his average consumption of water for any previous six months in the case of existing connection. And the charges so fixed shall be seized if the consumption of water at the premises of the consumer is bound to have increased or decreased based on the observations of the meter reading taken in the subsequent six months to the last period”.
In this case opposite parties not produced any document to show that they had been taken the meter reading correctly. Opposite party admits that they have instructed the complainant to pay an amount of Rs.115/- as monthly charge. From 19/9/2009 to 30/11/2010 water authority issued two bills which comes Rs.24,815/- To that amount complainant paid Rs.12,409/-
From the above discussions we are of the view that there is deficiency of service on the part of opposite parties in disconnecting the water connection 20 days before the due date and also in calculating the bill amount. In the result complaint is allowed.
Opposite parties are directed to cancel the disputed bills dated 2/6/2010 and 9/12/2010 and issue fresh bill based on the actual consumption of water by the complainant on the basis of meter reading deducting water charges remitted by the complainant without claiming any penal interest. Opposite parties are also directed to give suitable installments to the complainant for the payment of the revised bill amount. Opposite parties are further directed to pay an amount of Rs.5,000/- (Rupees Five thousand only) as the compensation for mental agony and Rs.500/- (Rupees Five hundred only) as cost of the proceedings. Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 27th day of July 2011.
Sd/-
Smt. Preetha G Nair
Member
Sd/-
Smt. Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Receipt for Rs.10409/- issued by KWA, Palakkad
Ext.A2 – Consumer bill of consumer no.MRD/173/D dt.29/6/10 for Rs.10371/-
issued by KWA.
Ext.A3 - Consumer bill of consumer no.MRD/173/D dt.24/12/10 for Rs.14444/-
issued by KWA.
Ext.A4 – Copy of letter to Dist.Collector, Palakkak by the complainant
dt.24/1/11
Ext.A5 – Water meter card of Consumer No.173/MRD issued by KWA. Palakkad
Ext.A6 – Notice issued by KWA dt.13/12/10 to the complainant
Ext.A7 – Copy of letter sent to Exe.Engineer, KWA, Palakkad dated 20/4/09 by
the complainant
Ext.A8 – Copy of letter sent to Asst.Engineer, KWA, Palakkad dated 5/11/09 by
the complainant
Ext.A9 – Copy of letter sent to Asst.Engineer, KWA, Palakkad dated 23/1/10 by
the complainant
Ext.A10 – Inspection certificate of Meter Inspector, KWA, Palakkad dt.28/6/10
Ext.A11 series – Bill No.208 dt.9/6/10 of Das & Das issued to complainant
(4 Nos)
Ext.A12 – Receipt for Rs.2000/- issued by KWA, Palakkad
Ext.A13 – Provisional Invoice Card of Consumer No.173/MRD issued by KWA,
Palakkad to the complainant
Exhibits marked on the side of the opposite parties
Nil
Cost Allowed
Rs.500/- allowed as cost of the proceedings
