D.O.F:03/06/2022
D.O.O:29/02/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.108/2022
Dated this, the 29th day of February 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
K. Balakrishna Rao
S/o Ramaji Rao
Sree Krishna Nivas,
Bhagavathi Temple Road,
Pillikunje, Kasaragod 671121.
(Adv: Rajesh K) : Complainant
And
The Assistant Executive Engineer,
Kerala Water Authority
WSP Sub Division
Kasaragod 671121.
(Adv: Santhosh Thomas) : Opposite Party
ORDER
SRI.KRISHNAN.K : PRESIDENT
The complaint filed under section 35 of the Consumer Protection Act 2019. It is alleged in the complaint that he has in his premises water connection KSD/2987/D as well as an alternative source of water. So his consumption of water for domestic purpose from the connection provided by the opposite party was minimal. He was regular in payment of water charges in accordance with consumption recorded from time to time. But the complainant served with a bill on 12/04/2022 directing him to pay Rs. 8356/- for the period from 14/02/2022 till 12/04/2022. The bill was prepaid without any basis.
The complainant filed a representation with opposite party regarding mistake in the bill. But there is no reply. There is deficiency in service and negligence. The complainant seeks relief of cancellation of excess bill and compensation.
The opposite party appeared and filed written version, it is contended that complainant was regular in making payment as per the provisional invoice card but has never remitted the water charges as per actual consumption for the period of the disputed bill. The consumption of water recorded in the metre and bill is issued as per consumption. Total 264 units consumed the charges are as per tariff. No deficiency in service from their part and prayed to dismiss the complaint. During the previous period, the bill is prepared based on actual consumption for the respective previous months that too based on meter reading.
The complainant filed chief affidavit and cross examined as PW1. Ext. A1 to A3 documents marked from his side. One witness from opposite party side examined as DW1. Ext. A1 is the representation before opposite party. Ext. A2 is the extract of consumer No. KSD/2987/D, Ext.A3 is the bill dated 14/06/2022.
The following points arised for consideration;
- Whether there is any deficiency in service from opposite party?
- Whether the complainant is entitled for compensation? If so, for what relief?
Admittedly the complainant is a consumer of opposite party for domestic purpose. There is no dispute that the consumer was provided a provisional invoice card and he was remitting the amount as per the provisional invoice card without defect. While so issued Ext. A2 bill for Rs. 8362/- on 12/04/2022 towards water consumed in excess of the quantity fixed by the provisional invoice card during the period from 14/02/2022 till 12/04/2022. The question is whether this amounts to deficiency in service? There was failure on the part of the opposite party to record the actual consumption in every six months as stipulated by law.
We perused the relevant documents on record. The facts and available records would show that there was no negligence on the part of complainant in making payment towards the water charges due under the provisional invoice card. It is to be noted that Ext.A2 bill is issued on the basis of the meter reading. No doubt about the fact that the complainant is bound to pay water charges based on consumption.
But here in the disputed bill, the opposite party did not produce any evidence regarding the change of charges. No evidence has been produced from the side of opposite party to show that all meter readings are taken at the intervals of six months and issued to the complainant. The opposite party was not produced the meter reading register before the Commission. No opportunity to verify whether readings are noted in the meter reading register. The opposite party say they have nothing to say how consumption shown so high during disputed period.
Kerala Water Authority (Water Supply) Regulations 1991.
12. Installation of water meter and stop cock:-
- Every meter shall be provided with a meter boards and cover of a type approved by the authority.
The meter shall be placed above ground level, wherever practicable, in such a manner as to be easily read, repaired or serviced.
When a meter provided by the owner or occupier goes out of order, the same shall be got replaced or repaired as the case may be, with in a period of 30 days of the report of the damage by the Assistant Executive Engineer at the cost of the owner or occupier. The owner or occupier of the premises shall also inform the Assistant Executive Engineer. So such defect is noted to the meter equipment in the case.
13. Assessment of water changes:-
a) The water consumed at the premises of a consumer shall be assessed at such intervals as decided by the Executive Engineer from time to time, based on meter readings taken from the meter fixed to the house connection at the premises of the consumer. Here readings are taken and as per opposite party, consumption during period is 264 units for which bill is issued.
But all the bills shown less, reading except the disputed bill. Even opposite party has no reason or explanation as to how so much increases is shown in the meter reading during the period.
b) The authority may also fix the monthly rate of water charges of a consumer based on average consumption of water for any previous six months in the case of existing connections and based on the estimated consumption in the case of new connections and issue a provisional card in form No. VIII indication there in the amount of water charges payable by the consumer every month, the date of payment and the institution at which the amount is to be remitted.
The charge so fixed shall be revised if the consumption of water at the premises of the consumer is found to have increased or decreased based on the observations of the meter readings taken in the subsequent six months to the last period.
As per the above rule, the opposite party is also entitled to fix monthly rate on his average consumption for any provisions six months in the case of existing connections. The changes so fixed shall be revised if the consumption of water at the premises of the consumer is found to have increased or decreased on the observations of the meter readings taken in the subsequent six months to the last period.
Considering the huge increase for the disputed period, and no defect noticed for meter equipment and no justification by water authority for huge increase in the bill, except that bill is issued as per meter reading.
In the result, complaint allowed in part. We hereby set aside/ cancel the bill for the period from 14/02/2022 to 12/04/2022 for Rs. 8362/- and further directed the opposite party to re-fix the monthly rate of water charges of the consumer based on his average consumption of water for any previous six months indicating there in. The amount of water charges payable by the consumer and the charges so re fixed shall be revised if the consumption of water at the premises of the consumer is found to have increased or decreased based on the observations of the meter reading taken in the subsequent six months to the last period. The claim for compensation disallowed for the reason aforesaid. But no reason to disallow cost. The opposite party is directed to pay Rs. 5,000/- (Rupees Five thousand only) as cost of the litigation within 30 days of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Representation before opposite party
A2 – Extract of consumer No. KSD/2987/D
A3 – Bill dated 14/06/2022
Witness cross-examined
PW1 – K Balakrishna Rao
DW1 – Jayaraj T
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
