DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 27^th day of August, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.75/2008

M.Shamsuddeen,

Moorshingal House,

Sthuthi,

Mannarkkad College.P.O,

Mannarkkad,

Palakkad – 678 583. - Complainant

(Party in person)

Vs

The Assistant Executive Engineer,

Kerla Water Authority,

Mannarkkad,

Palakkad – 678 582. - Opposite party

(By Adv.K.Raghu)

O R D E R

By Smt.Preetha.G.Nair, Member

Complainant is a consumer under the water supply scheme of Kerala Water Authority, Mannarkkad with consumer No.869/MKD/D. Complainant is remitting Rs.87/- towards the water charges as directed by the opposite party for the last few years. On 16/06/08, the opposite party issued an additional bill No.1567 dtd.16/06/08 for Rs.3068/-. As per the bill complainant is seen to have consumed 444.25 KL of water during the period 16/06/07 to 15/01/08. Complainant contacted the office of the opposite party and informed that he has not consumed 444.25 KL of water during the said period and hence the bill has to be cancelled. According to the complainant there was no regular water supply during summer season due to water shortage. Hence meter reading noted is not only for the supply of water but also for the passage of air. Complainant is bound to pay only for the water consumed. Hence the complaint is filed seeking an order directing the opposite party to cancel the additional bill issued by the opposite party and to pay Rs.3,000/- as compensation to the complainant.

The opposite party filed version stating the following contentions. Opposite party admitted that the complainant is a consumer under the water supply scheme of the Kerala Water Authority, Mannarkkad and they issued an additional bill dtd.16/06/08 for Rs.3068/-. On 09/07/07, the opposite party informed the complainant that the meter was not working properly. The same was replaced on 16/07/07. The additional bill issued by the opposite party for Rs.3,068/- is in accordance with the meter reading. Meter of the complainant's connection was fault and it was replaced on 16/07/2007. On 16/07/2007 meter reading is noted as 0.75 kl. Reading was again taken on 15/01/2008 after a period of 6 month shows 445 kl. The average consumption for the period amounts to 74 kl. Accordingly monthly payment was raised Rs.358/- and excess bill was issued. The bill was issued deducting the amount already paid by the complainant. The opposite party admits the fact that there is chance of air trapped in the pipe line when it is empty. But according to opposite party, it is the responsibility of the complainant to fix air valve before the meter in order to release the air. Complainant has not approached water authority for any technical advice regarding this. Hence the complaint is to be dismissed with Rs.5,000/- as compensatory cost.

Complainant filed chief affidavit along with document. Ext.A1 marked on the side of complainant. The opposite party filed chief affidavit and documents. Ext.B1 to B3 marked on the side of opposite party. Matter was heard.

Issues to be considered are;

1. Whether there is any deficiency of service on the part of opposite party?

2. If so, what is the relief and cost?

Issues 1 & 2:

We perused relevant documents on record. According to Ext.B1, the complainant has paid the minimum water charges of Rs.87/- per month. It is seen that Ext.A1 Bill dtd.16/06/08 is in accordance with the meter reading. If the complainant has a case that the meter has turned due to the passage of air, it is the duty of the complainant to fix air valve by informing the opposite party. Hence we do not find any deficiency in the service provided by the opposite party.

In the result, complaint dismissed. Opposite party is directed to provide instalment facility for at least three months for payment of the bill amount by the complainant.

Pronounced in the open court on this the 27^th day of August, 2009

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Bill No.1567 dtd.16/06/08

Exhibits marked on the side of opposite party

Ext.B1 (Series) – Copy of personal ledger

Ext.B2 – Photocopy of Bill No.1567 dtd.16/06/08

Ext.B3 – Specimen copy of agreement for supply of water