IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 28th day of October, 2021
Filed on 26.11.2019
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.318/2019
Between
Complainant:- Opposite parties:-
Sri. George A.C The Asst. Executive Engineer
S/o Late A.A.Chacko Kerala Water Authority
Anjilickal House P.H.Sub Division, Alappuzha
Kattoor.P.O, Kalavoor (Exparte)
Alappuzha
(Party in Person)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
Complaint filed u/s 12 of the Consumer Protection Act, 1986.
1. Material averments of the complaint are as follows:-
Water connection having consumer No. MRS/225/D was in the name of father of the complainant and its total consumption as on 17/4/2018 was 2977 KL and bill amount was Rs.1336/-. Total consumption of water as on 28/12/2018 was 3100 KL and bill amount was Rs. 29,378/-. Accordingly total consumption of water from 17/4/2018 to 28/12/2018 was only 123KL, but the amount payable as water charge was Rs.29,378/-. Opposite party issued demand –cum- disconnection notice to the consumer for non-payment of the said bill amount. The complainant’s family having only 3 members did not use this much of water and his income is insufficient to remit the said amount. Hence this complaint for redressal of his grievance for exonerating the complainant from remitting the amount of Rs. 29,378/- and allowing the complainant to remit the amount for actual use of water during the period and also allowing Rs.2000/- as compensation and Rs.3000/- as cost of the proceedings.
2. In response to the notice served by this Commission the opposite party seen represented on 4/1/2020 on next posting ie, on 20/2/2020 the opposite party submitted for settlement. Thereafter the opposite party did not appear before this Commission nor filed any version contenting the complaint.
3. Points to be considered are:-
1. Whether there is any deficiency in service or negligence from the part of opposite party?
2. Whether the complainant is entitled to exonerating from remitting amount of Rs.29,378/-?
3. Whether the complainant is entitled to get compensation from the opposite party?
4. Reliefs and cost?
4. Evidence adduced by the complainant is proof affidavit and Ext.A1, A2series and A3. Ext.A1 is the photocopy of provisional invoice card issued in the name of father of the complainant at the time of providing water connection. Ext.A2 series is the bills issued on different dates and Ext.A3 is the intimation notice for disconnection dated 31.10.2019 demanding Rs.29,777/-.
5. Point No. 1 to 3:-
Complainant’s case is that opposite party had provided domestic water connection in the name of complainant’s father having Consumer no.MRS/225/D total water consumption as per the bill dated 17/4/2018 was 2977 KL and bill amount was Rs.1336/- and total consumption of water as per the bill dated 28/12/2018 was 3100KL and amount payable as water charge was Rs.29,378/-.
6. On perusal of Ext.A2 series the bill dated 17/4/218 shown the reading of 2977 as on date and the amount payable on 11/5/2018 shown as Rs.1336/- in Ext.A2 series there is total bills of 6 numbers from 17/4/2018 to 2/5/2019. In all these bills the bi-month consumption of water shown in the bills are 10 KL, 13KL, 8KL, 24KL etc. Accordingly an average consumption of 12-14 KL was used by the complainant. The amount payable as arrears noted in the bills comes from the bill dated 20/8/2018. No explanation given by the opposite party at anywhere in the Exhibits issued by them the calculation of such a huge amount of arrear. Moreover it is pertinent to note that though the opposite party accepted the notice along with the copy of complaint in respect of this complaint they did not file any version contenting the allegation levelled against the opposite party in the said complaint. In the said circumstance we are constrained to hold the view that there is negligence and deficiency in service from the part of opposite party, hence the complainant is entitled to get relief sought for in the complaint.
7. Point No.4:-
In the result, complaint stands allowed in part.
1. The opposite party is directed to exonerate the complainant from remitting Rs.29,378/- (Rupees Twenty nine thousand three hundred and seventy eight only) with a right to issue fresh bill for obtaining charges for actual use of water during the said bill period.
2. The opposite party is directed to pay Rs.1000/- as cost of the proceedings.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 28th day of October, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Photocopy of Provisional Invoice card
Ext.A2series - Bills
Ext.A3 - Intimation Notice dtd. 31/10/2019
Evidence of the opposite parties:- Nil
/// True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
