D.O.F:12/04/2017
D.O.O:29/07/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.72/2017
Dated this, the 29th day of July 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Mohammad.C.A
S/o Hassan Kutty
Chemnad, Ferry Road, Pulikunnu : Complainant
Kasaragod, P.O Kasaragod
(Adv: Vittala.M)
And
The Assistant Executive Engineer
Kerala Water Authority
WSP Sub Division, Vidyanagar : Opposite Party
Kasaragod, Vidyanagar. P.O – 671123
(Adv: K. Kumaran Nair)
ORDER
SMT.BEENA.K.G : MEMBER
This complaint filed under section 12 and 13 of consumer protection Act 1986 .That the complainant is alleging deficiency in service and unfair trade practice on the part of Opposite Party as they regularly given excessive water conception bills and constrained him to pay it under the threat of initiation of RR proceeding. The brief facts in this case is that complainant is a consumer of Kerala water Authority and his consumer No. is KSD 4230/D. There was a defect in the meter reading of his home connection. On several occasions he received huge bills and remitted those bills afraid of the threat of initiation of RR proceedings by Opposite Party. On 21-11-16 he received a notice to pay a bill for Rs 5858.00/- and at that time arrears or advance was not specified in that bill with a direction to clear it within 3 days or else RR proceedings will be initiated, he remitted the said amount . A bill for Rs. 16,154/- was issued to him in January 2017 even though conception was very less. Opposite Party threatened the consumer with dire consequences. On 23-3-17 a bill was issued to him for Rs. 12,168.00/- and the complainant issued a notice to Opposite Party to withdraw the excess bill and give water to him. Due to unauthorized and unlawful act of Opposite Party. Complainant suffered severe mental agony and physical strain and claims damages to the tune of Rs 25,000/-.
The Opposite party filed written version admitting that complainant is their consumer, his meter was defective one, and a new meter was fixed on 23-09-2015. According to Opposite Party complainant was not regular in remitting bills .After fixing the new water meter the conception is found to be high comparing to previous years This proves that he has consumed more water than the meter reading Opposite Party had taken the meter reading of complainant on 24/10/2016 and issued the bill ,At that time complainant refused the bill and requested for verification. Hence that bill was cancelled and kept it for observation. complainant remitted the water charge of Rs. 5,858/ on 24/11/2016 as per the reading in July 2016.There after meter reading was taken on 21/12/2016 and the conception was 906KL.the Kerala water authority has declared the year 2016-17 as arrear less year. Hence they adopted many acts to collect arrears. Opposite Party further states that the Abacus systems installed in WSP Sub division Kasaragod on 30/04/2016 thereafter Opposite Party issued computerized bill as per meter reading. The Opposite Party issued the bill dated 31/01/2017 for Rs16,154/-on the basis of the last reading, which include water charges from 07/2016 to 01/2017 [at Rs.2,910/-month] after deducting the already remitted charges. The subsequent bill for Rs.12,356/- issued on the basis of average conception of water up to 31/01/ 2017. The complainant has not remitted the said bill amount. The present meter is defect less and actual. Opposite Party further states that there is no deficiency in service or unfair trade practice on their part as alleged by the complainant and there is no mental agony or hardships or financial loss on account of the acts of Opposite Party. Therefore complaint may be dismissed with costs.
Complainant represented that they have no oral evidence. Documents produced are marked as ExtA1 to A18 for complainant , Opposite Party produced the entire file relating to the consumer No. 421106725 of C.A MOHAMMED/KSD/D along with consumer ledger extract, as per the order of this Honourable form in I.A No.190/2019 which is marked as Ext X1 series. On the side of Opposite Party Assistant Executive engineer KWA is examined as Dw1.
The points raised for consideration are ;
- Whether there is deficiency in service or unfair trade practice on the part of Opposite Party?
- Whether the complainant is entitled for relief?
- What is the relief?
Issue No. 1
Ext A1 is the demand notice of Opposite Party for Rs. 5853/- . Ext A2 is the bill for Rs. 882/- Ext A3 is the bill of Opposite Party for Rs16,154/-, Ext A4 is the bill for Rs. 12,168/-. Ext A5 is the explanation submitted by KWA to the complainant. Ex A6 is the registered notice issued by KWA to the complainant. Ext A7 is reply given by complainant to Opposite Party. Ext A8 is the registered notice issued by complainant to Opposite Party. Ext A9 is postal acknowledgement and Ext A10 is the receipt for payment of Rs. 5858/-. Ext A11 is a bill, Ext A12 is the demand and disconnection notice, Ext. A13 is the receipt for Rs. 4060/-, Ext A14 is the demand notice, Ext A15 is the cover, Ext A16 is the reply to the notice dated 24-12-18, Ext A17 is the postal acknowledgement Ext 18 and A19 is the demand and disconnection notice .
Whether the bill is legal. While perusing the documents produced by both parties, it is not specified on what basis Opposite Party derived the amount shown in the bills. Opposite Party in their version states that the bill dated 24/10/2016 is cancelled, but it is not shown anywhere in the document. Further Dw1 Assistant Executive Engineer KWA, Sri.Padmanabhan deposed before the commission that he received complaint regarding excess bill and conducted an enquiry since the bill is disputed and cancelled the same, but it was not entered in the file. Further the bill dated 23/03/2017 shows no consumption but a sum of Rs16,154/- was claimed as due and the amount shown in advance as Rs 4912/- but as per bill dated 24/11/2016 he had paid Rs 5858/ -. In the light of the above discussions we are of the opinion that the bill issued by Opposite Party is illegal and without any basis so the first issue is found in favor of complainant.
For convenience issue No. 2 and 3 can be discussed together.
As the bill s are found to be illegal and high handed, the act of Opposite Party amounts to negligence and deficiency in service. The complainant is entitled to get relief as he suffered financial, physical and mental stress due to the illegal act of Opposite Party. Hence complaint is allowed Opposite Party is Liable to compensate the loss suffered by the complainant
Therefore complaint is allowed directing Opposite Party to restore the water connection and issue proper bills. The bill dated 30/01/2017 is found to be erroneous and therefore cancelled. The Opposite Party directed to pay damages to the tune of Rs. 10,000/- (Rupees Ten thousand only) to the complainant with Rs. 5000/-(Rupees five thousand only) as cost.
The time for compliance of the order is 30 days from the receipt of the copy of the judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Demand notice
A2- Bill for Rs-882/-
A3- Bill for Rs. 16,154/-
A4- Bill for Rs. 12,168/-
A5- The explanation submitted by KWA to the complainant
A6- The registered notice issued by KWA to the complainant
A7 & A8- lawyer notice
A9- Acknowledgment card
A10- Receipt
A11- bill
A12- Demand and Disconnection notice
A13- receipt
A14- demand notice
A15- cover
A16- lawyer notice
A17- Acknowledgment card.
A18 & A19- Demand and Disconnection notice.
X1- Entire file relating to the Consumer No. 421106725
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
