DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 15th day of March 2014
Present: Smt.Seena.H. President
Smt.Shyni.P.R. Member
Smt.Suma.K.P. Member Date of Filing : 25/10/2013
CC No.179/2013
Narayanan.A
S/o.Kannan.K.E.,
Narayana Sadanam,
Sree Durga Nagar,
P.O.Kallekulangara,
Palakkad – 678 009
(By Party in person) - Complainant
Vs
The Asst.Executive Engineer,
P.H.Sub Division,
Kerala Water Authority,
Palakkad – 678 001 - Opposite party
(By Adv.K.A.Stanly James)
O R D E R
Order by Smt.K.P.SUMA. MEMBER
Case of the complainant is that he is a consumer of opposite party bearing consumer No.AKT/1117/D. It is a domestic water connection taken on 19/8/2005. The monthly rate of the said connection was provisionally fixed as Rs.22/- (Rupees Twenty two only) being the minimum monthly rate for a consumption of 10 kilo litres or less for a month. Opposite party issued a bill dated 23/9/2013 for an amount of Rs.1433/- (Rupees One thousand four hundred and thirty three only) and has directed to pay the bill alongwith a fine of Rs.5/- by 4/11/2013. Hence complainant enquired about the bill with the opposite party and also sent a registered notice on 10/10/2013 to the opposite party asking for the clarification of the said bill. Since no reply was received he approached this Forum seeking an order to direct the opposite party to cancel the said bill and also to grant compensation of Rs.10,000/- for the mental agony suffered by him.
Notice issued to the opposite party. Inspite of accepting the notice opposite party was absent on the first hearing date. Hence they were called and set exparte. On next hearing date opposite party filing an application to set aside exparte order and application was allowed on payment of Rs.250/- as cost to the complainant. Opposite party filed version stating the following contentions.
The water connection of the complainant with consumer No.AKT/1117/D is a domestic connection taken on 19/8/2005. The monthly rate of the said connection was provisionally fixed as Rs.22/- being the minimum monthly rate for a consumption of 10 kilo liters or less for a month. On later stage the consumption of water was increased by the complainant and average consumption was recorded as 17.8 kl; 24.5 kl; 24.6kl; 19.5 kl; and 22 kl as per the readings on 28/3/2006; 24/10/2006; 30/5/2007; 23/7/2009; 21/5/2010 respectively and the rates respectively were calculated as Rs.45, Rs.66, Rs.66, Rs.90 and Rs.22. The minimum rate of Rs.22/ is limited to consumers having a consumption of 5 kl or less per month, after the water charges were revised in 2008.
In between, the billing system was computerized and due to some technical problem which beyond control of the opposite party, readings of the complainant after 21/5/2010 could not be entered in the system. This technical snag was detected in the year 2013. During the time the complainant was making the payment @Rs.22/ per month. The average consumption between 21/5/2010 and 23/4/2013 was 14.5 kl per month and the rate of the said consumption is Rs.65/ per month. The average consumption between 23/4/2013 to 19/5/2013 is 15.92kl per month and the rate is Rs.72/ per month. During this period the complainant was remitting amounts @Rs.22/ per month which is well below the rate of actual consumption. On rectifying the technical snag it was found that the complainant has consumed more water than the amount he has remitted towards the charge of the water consumed. To realize the amount for excess consumption of water by the complainant the opposite party had issued a bill dated 23/9/2013 for an amount of Rs.1433/- This bill was prepared for the balance amount to be realized for the water consumed by the complainant and after deducting the amount already paid by the complainant. The amount shown in the bill is the actual amount to be paid by the complainant for the water consumption. No excess amount is claimed by the opposite party as alleged in the complaint. All this matters were informed to the complainant by the opposite party vide letter dated 30/10/2013 with a facility to remit the amount in 3 installments. The complainant has filed this complaint due to a misconception that the opposite party has sent an excess bill to him. No mental agony was caused to the complainant by the opposite party. And no cause of action as claimed by the complainant has occurred and the opposite party is not liable to pay any amount as claimed in the complaint. Hence the complaint has to be dismissed with cost to the opposite party.
Complainant as well as opposite parties filed their respective affidavit alongiwith document. Ext.A1 to A7 were marked on the side of the complainant and Ext.B1 and B2 marked on the side of the opposite party. Opposite party filed an application seeking permission to cross examine the complainant and application was allowed. Complainant was cross examined as PW1.
The only question to be decided is that whether there is any deficiency of service on the part of opposite party.
We perused exhibits produced from both sides. It is obvious from Ext.A1 that the opposite party had issued a bill for an amount of Rs.1433/- on 23/9/2013. As per Ext.A2 & A3 complainant sought explanation with regard to Ext.A1 from the opposite party on 27/9/2013 and 10/10/2013 respectively. The opposite party had issued a reply as per Ext.B1 dated 30/10/2013 informing the complainant for the reasons explaining for the issuance of Ext.A1. As per Ext.B1 they had also expressed their regret for the delay caused in issuing Ext.A1. However the complainant has paid the amount mentioned in Ext.A1 before the opposite party. The copy of the print out of the ledger which was marked as Ext.B2 was also handed over to the complainant as an explanation for the amounts collected from him. During cross examination the complainant has also admitted that he has realized the reasons for the issuance of the Ext.A1. Opposite party had admitted that complainant is very prompt in paying the dues in advance regularly. If they had demanded the amount in time, consumer would not have loaded with an additional bill (Ext.A1). In the above context we assume that the opposite party had committed deficiency of service in issuing Ext.A1 at a later stage which has caused mental agony to the complainant. In view of the above discussions, we direct the opposite party to pay an amount of Rs.500/- (Rupees Five hundred only) as compensation to the complainant. The aforesaid amount shall be paid within one month from the date of receipt of communication of this order, failing which the complainant is entitled to realize interest @9% per annum from the date of order till realization. The complaint is partly allowed with no order as to cost.
Pronounced in the open court on this the 15th day of March 2013.
Sd/-
Seena H
President
Sd/-
Shyni.P.R.
Member
Sd/-
Suma.K.P.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Bill dated 19/10/13 for Rs.1433/- issued by opposite party to the
complainant
Ext.A2 – Copy of letter sent by the complainant to the opposite party dated
27/9/13.
Ext.A3 – Copy of letter sent by the complainant to the opposite party dated
09/10/13.
Ext.A4 – Postal receipt
Ext.A5 –Postal Acknowledgement card
Ext.A6 – Postal cover
Ext.A7- Receipt issued by opposite party for Rs.252/- dtd.13/5/2013
Exhibits marked on the side of the opposite party
Ext.B1 – Photocopy of letter sent by the opposite party to the complainant
dtd.30/10/2013
Ext.B2 – Copy of print out of the ledger
Complainant examined
PW1 – Narayanan.A
