DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 24^th day of May, 201930^th day of April 2019

Present   : Smt.Shiny.P.R. President

                 : Sri.V.P.Anantha Narayanan, Member                 Date of filing:  05/04/2018

CC/50/2018

Moideenkutty

S/o. Pareeth, Mamankandath House,

Nagalaserry (PO), Koottanad Via,

Pattambi Taluk,  Palakkad Dist.

(By Adv.P.Anil)

                                                                                       Vs

The Assistant Executive Engineer

Kerala water Authority,

P.H. Sub - Division,

Guruvayur, Thrissur District.   

(By.Adv. K.A.Stanley James)  f filing:  22/0616

                                                            O R D E R

By Sri.V.P.Anantha Narayanan, Member

Brief facts of the case .

This complainant is a consumer of water from the Kerala Water Authority with his consumer number as 150/NGSY.  He uses the said water connection for domestic purpose in his house and remits the amount arrived at through the reading of the meter installed at his premises by the opposite party’s men and remitted the bills issued by the opposite party without fail.  He received a notice dated.30/04/2016 from the opposite party calling upon him to remit Rs.30,540/- within seven days failing which his water connection would be disconnected.  The alleged period of water consumption over which the said demand is made is from 6/14 to 3/16.  According to the complainant, since September 2015 no meter reading has been taken by the opposite party and the complainant is surprised at this huge bill and he also pleaded to the opposite party but the opposite party refused to hear him and went to the extreme step of disconnecting the service and thereafter issued a bill dated.04/12/2017 making a further demand of Rs.30,978/-, before 02/01/2018, again another bill for Rs.30,988/- dated.01/02/2018 was issued demanding payment.  Complainant further pleads that the amount calculated and demanded from the complainant is without any basis and arbitrarily arrived at which is to be deprecated.  The act of the opposite party falls far short of the purity and standard excepted of it and the same squarely amounts to deficiency in service.  Complainant also submits that the amount demanded includes the period for which complainant has already paid which is evident from records.  It is therefore highly necessary that the raising of a bill for the amount averred above and demanding the same from the complainant be adjudicated as deficiency in service and an order be passed to remove the said deficiency in service, otherwise, the complainant will be put to irrepairable injury and hardship.  The complainant suffered considerable mental agony as a result of the arbitrary and high handed action of the opposite party for which he claims Rs.25,000/- as damages.  Hence the complainant prays to this Hon’ble Forum to declare the act of the opposite party of issuing a demand notice for Rs.30,540/-, raising a bill for Rs.30,978/- and raising a bill for Rs.30,988/- amounts to deficiency in service and an order may be passed directing the opposite party to remove the said deficiency in service and pass orders accordingly.

The complaint was admitted and notice was issued to the opposite party to enter appearance and file his version.  Except those which are specifically admitted, all the averments in the complaint are denied by this opposite party.  This case is not maintainable either in law or on facts, as contended by the opposite party.  The complaint is an experimental one filed with ulterior motives and therefore complaint should be dismissed.  The opposite party further contends that since the RR proceedings are initiated before the filing of this complaint, for the recovery of the amount this Hon’ble Forum lacks jurisdiction to try the case.  Hence, according to this opposite party, this complaint is barred by limitation.  The averment in the complaint that complainant remits the amount arrived at through the reading of the meter installed at his premises by the Kerala Water Authority men and raised in the bills issued by the opposite party without fail is not correct and hence denied by this opposite party.  The averment by the complainant regarding the issuance of the bill dated.30/04/16 for Rs.30,540/- and calling upon the complainant to remit the bill within seven days failing which his water connection will be disconnected is correct, but the averment in the complaint that since September 2015 no reading of the meter has been taken by the opposite party and the basis of issuing a huge bill is anybody’s guess is absolutely false and denied by this opposite party.  The averments regarding the issuance of the bill mentioned in the complaint are correct, while the other allegations in the complaint are baseless, false and denied by this opposite party.  The water connection was given to the complainant on 17/12/2001.  Since the water meter of the complainant was faulty it was replaced with a new meter on 11/11/2013.  Periodical meter readings were taken and bills were issued to the complainant.  Initially a provisional charge of Rs.22/- was fixed and it will vary according to usage as per the rules and law.  The meter reading and consumption of the complainant are given below.

            The opposite party also contends that the reading in the above connection on 11/11/2013 was 0 kiloliters and on 09/01/2014 it was 32 kiloliters, the average consumption during the two months period was 16 kiloliters/month and the slab for the same shall be Rs.72/- and the total water charges will be 2 x Rs.72 = Rs.144/- and there is a fine meter fault surcharge of Rs.25/- for the delay in replacing faulty meter. After deducting Rs.44/- paid by the complainant a provisional minimum charge for the period, the balance is Rs.125/- to be paid by the complainant.  The reading as on 13/06/2014 was 155 kiloliters and the total consumption for the period from 01/14 to 06/14 was 123 kiloliters and the slab applicable is Rs.122/- a month and the total amount for five months will be Rs.610/- (5 x Rs.122), deducting Rs.66/- the minimum provisional amount paid by the complainant for three months and adding a fine of Rs.10/- for the remaining two months the balance amount to be paid will be Rs.554/-.  On 17/12/2014 the reading was 279 kiloliters and the average consumption will be 18 kiloliters a month for which the applicable slab will be Rs.82/- for the first four months and Rs.110 for the remaining three months (tariff revision came in to force from 10/17) and the amount for the period is Rs.658/- as water charge and a late payment fine of Rs.15/- by which total amount to be paid by the customer is Rs.658 +15 = Rs.673/-, in between these two readings on 17/09/2014 consumer paid Rs.1,371/- and customer got Rs.25/- as discount for advance payment.  After 17/12/2014 the net amount balance with consumer is Rs.44/- (1371+25-125-554-673= 44) the reading as on 04/08/2015 was 1198 kiloliters.  The total consumption for the period from 01/2015 to 07/2015 was 919 kiloliters that is 131 kiloliters a month and the slab applicable is Rs.3,942/- a month and the total amount for seven months will be Rs.27,594- (7xRs.3942), deducting Rs.44/- the excess amount paid by the customer, the balance to be paid by him will be Rs.27,550/-(Rs.27594-Rs.44).  The reading as on 05/04/2016 was 1448 kiloliters.  The total consumption for the period from 08/15 to 03/16 was 250 kiloliters i.e 31 kiloliters a month and the slab applicable is Rs.374/- a month and the amount for eight months will be Rs.2,992/- (8 x Rs.374) and adding a late payment fine of Rs.30/- total amount to be paid was Rs.3,022/- (Rs.2992+Rs.30).  Gross amount to be paid by consumer was Rs.30,572/- (Rs.27550+Rs.3022).  According to this opposite party, notice for demand cum disconnection was issued to consumer on 30/04/2016.  The readings as on 13/07/2016 and 15/12/2016 were same as previous reading of 1448 kiloliters.  The minimum charges for nine months will be Rs.198/- and adding a late payment fee of Rs.45/- the total amount to be paid by the consumer for the period will be Rs.243/- (Rs.198+Rs.45) and gross amount to be paid by the consumer for the period will be Rs.30,815/-(Rs.30,572+Rs.243).  Once again demand cum disconnection notice was issued to consumer on 18/12/2016, the reading as on 24/03/2017 was same as previous reading of 1448 kiloliters.  The minimum charges for three months will be Rs.66/- and adding a late payment fee of Rs.15/-, the total amount to be paid by the consumer for the period will be Rs.81/- (Rs.66+Rs.15) and gross amount increased to Rs.30,896/-(Rs.30,815+Rs.81).  The service was disconnected on 11/04/2017.  Upto 01/02/2018 the amount to be paid by the consumer is Rs.30,988/- which is obtained by adding a fine of Rs.102/- to the previous balance of Rs.30,896/- on 24/03/2017.  According to this opposite party the amounts mentioned above are the water charges for the water consumed by the complainant and the complainant is liable to pay for the water he has consumed.  The last payment made by the complainant was on 17/09/2014.  After that the complainant has not even paid the minimum provisional charge.  This opposite party also contends that there is no deficiency of service on the part of this opposite party.  The complaint is ruse adopted to avoid the payment of the bill which the complainant is liable to pay for the water consumed by him.  The complainant has no valid cause of action to file this complaint, this opposite party did not cause any mental agony to the complainant.  The damages claimed in the complaint is exorbitant and the complainant is not entitled to get any damages as claimed in the complaint and he also is not entitled to get any relief as prayed for in the complaint.  Hence it is humbly prayed that this Hon’ble Forum may accept the contentions of this opposite party and dismiss this complaint with cost of this opposite party.

            Complainant and the opposite party filed chief affidavits.  From the side of the complainant Exts.A1 to A7 were marked and Ext.B1 was marked from the side of the opposite party.  Complainant filed additional document along with additional proof affidavit.  Both parties were heard. 

The following issues arise in this case for consideration by this Forum.   

1. Whether this complaint is barred by limitation?
2. Whether there is any deficiency in service committed by the opposite party?
3. If so, the relief and cost allowable to the complainant?

Issue No.1

The complainant was given a notice dated.30/04/2016 (evident from Ext.A6) informing him of arrears of water charge due by him to the opposite party.  It is a continuous process and limitation will not apply to this complaint.  The complaint was filed on 05/04/2018 within time of two years of the date of issue of notice of 30/04/2016. Hence this issue is answered accordingly.

Issues 2 & 3 in detail

             To prove his pleadings complainant has filed Exts.A1 to A7 documentary evidences.  Ext.A1 is a demand cum disconnection notice dated 3^rd October 2017 which discloses complainant’s consumer number as NSY/150/D, meter number as 13089466, bill number as 29663177, date of reading as 04/10/2017, fine as Rs.30/-, arrears as Rs.30,894/-, bimonthly (as per reading previous average) water charge as Rs.40/- total payment payable as Rs.30,968/-, last date of payment without fine as 01/11/2017, last date of payment to avoid disconnection as 16^th November 2017.  Exts.A2 is demand cum disconnection notice issued by Kerala Water Authority to the complainant dated 04/12/2017 which shows complainant’s consumer number, his meter number, date of taking meter reading as 04/12/2017, arrears of Rs.30,968/-, total amount payable as Rs.30,978/-, last date of payment without fine as 2^nd January 2018, last date of payment with fine as 17^th January 2018.  Ext.A3 is a lawyer notice sent by the complainant’s counsel calling upon the opposite party to withdraw the excess bill amount issued to the complainant and restore his water connection within 15 days of the receipt of this notice.  Ext.A4 is Kerala Water Authority meter reading card issued by Assistant Executive Engineer, Kerala Water Authority which shows house number, meter number, consumer number of the complainant, date of connection as 17/12/2001, initial reading; from which it is also clear that readings were taken after initial reading on 12/07/2002 which shows complainant’s meter reading as 60180 kilo liters, then reading was taken on 19/02/2003, 18/09/2003, 05/11/2004, 27/09/2005, 17/02/2006, 17/07/2006, 30/10/2006, 28/12/2006, but after that meter reading was taken only on 05/04/2016 which shows that meter reading was not taken in 2007, 2008,2009,2010,2011,2012,2013,2014 and 2015 which shows grave service deficiency committed by the opposite party.   Ext.A5 is a receipt dated 17/09/2014 issued by Kerala Water Authority for Rs.1,371/- received from the complainant.  Ext.A6 is a disconnection notice dated 30/04/2016 issued by the opposite party to the complainant informing him to pay within 07 days of the receipt of this notice Rs.30,540/- water charge arrears for using water from 06/14 to 03/16 plus fine.  Ext.B1 is produced by the opposite party to prove his contentions.  Ext.B1 is a copy of consumer personal ledger in respect of the complainant which shows meter readings on different dates calculation of water charge arrears of Rs.30,894/- due from the complainant as on 03/17.

            From the affidavits and documentary evidences submitted by the complainant and the opposite party before this Forum, we observe that complainant received a notice dated 30/04/16 from the opposite party calling upon him to remit Rs.30,540/- (Rupees thirty thousand five hundred and forty only) being water charge for the period from 06/14 to 03/16 plus fine within 07 days of the receipt of this notice, but it is clear from Kerala Water Authority meter reading card issued to the complainant and maintained by the complainant that from 2007 to 2015 meter readings were not seen taken by the opposite party, but only in 2003, 2004, 2005 & 2006 meter reading was seen taken by the opposite party which shows very grave deficiency in service committed by the opposite party.  It is also observed that from the details of meter reading and water consumption of the complainant produced by the opposite party before this Forum upto 17/12/2014 complainants average monthly water consumption is seen to be between 16 kilo liters and 25 kilo liters but only between 17/12/2014 and 04/08/2015 his average monthly consumption has become 111 kilo liters, but between 04/08/2015 and 05/04/2016 his average monthly water usage was only 31 kilo liters.  But it is seen that the opposite party has not informed the complainant how and why his water consumption between 04/08/2015 and 05/04/2016 has risen to 111 kilo liters.  No contention is seen raised by the opposite party for misuse of water or wastage of water or excessive usage of water by the complainant.  We also observe that a new meter was installed on 11/11/2013 just before the issuance of the excess bill dated.30/04/2016 and no defect in this meter is seen reported by the complainant or the opposite party.  This shows that a grave service deficiency has occurred on the part of the opposite party towards the complainant.  We also observe that Rs.30,968/- (Rupees thirty thousand nine hundred and sixty eight only) is not seen given to the complainant to convince him about this huge water charge arrears demanded from him, but only seen given vide Ext.B1 detailed statement of calculation of Rs.30,894/- (Rupees thirty thousand eight hundred and ninety four only).  This also shows deficiency in service on the part of the opposite party.  At the same time the complainant has produced only a receipt dated. 17/09/14 issued by the opposite party for having paid Rs.1,371/- (Rupees one thousand three hundred and seventy one only) to the opposite party which indicates that after 17/09/2014 no  amount other than Rs.1,371/- (Rupees one thousand three hundred and seventy one only) is seen paid by the complainant to the opposite party towards water charge arrears due by him. 

            Under these circumstances we decide to partly allow the complaint.    

            We order the opposite party to issue to the complainant a fresh bill by cancelling the bill dated.30.04.2016 on the basis of his average water consumption between 06/2014 and 04/08/2015; we also order the opposite party to pay Rs.1,000/- (Rupees one thousand only) as compensation for  mental agony suffered by the complainant as a result of the issue of huge bills, in addition Rs.1,000/- Rupees one thousand only) by way of cost of this proceeding should also be pay to him. 

This order shall be executed within one month from the date of receipt of this order; otherwise complainant is also entitled to 9% interest p.a on the total amount due to him from the date of this order till realization. 

                 Pronounced in the open court on this the 24^th day of May, 2019. 

                                                                                                                                                         Sd/-

                   Shiny.P.R

                   President

                         Sd/-    

    V.P.Anantha Narayanan

                   Member

Appendix

Exhibits marked on the side of complainant

Ext.A1  - Demand cum disconnection notice dated 3^rd October 2017 issued by the

               opposite party to the complainant.

Ext.A2  - Demand cum disconnection notice dated 04/12/2017 issued by Kerala Water

              Authority to the  complainant

Ext.A3  -  Ext.A3 is lawyer notice sent by the complainant’s counsel to the opposite

             party.

Ext.A4  - Meter reading card of meter number  A 92498 issued by Assistant Executive

               Engineer, Kerala Water Authority.

Ext.A5  - Receipt number 191029 dated 17/09/2014 issued by Kerala Water Authority to

               the  complainant.

 Ext.A6 - Disconnection notice dated 30/04/2016 issued by the opposite party to the  

                complainant

 Ext.A7 -   Notice dated 07/03/19 issued by the opposite party to the complainant to pay

                the arrear amount plus disconnection fees and postage

Exhibits marked on the side of Opposite party

Ext.B1  - Copy of consumer personal ledger of the complainant

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

NIL

Cost  

            Rs.1,000/-        Rs.2,000/-