As per Hon’ble President Mr. Atul Alshi.
1. The complainant filed complaint case under section 12 of Consumer Protection Act 1986 against OP Nagpur Municipal Corporation for excessive bill generated for Rs.10,356/- and thereby claiming correction in bill amount and change of defective water meter and thereby claiming compensation and cost of litigation.
2. The story of complainant in short as under – The complainant has water meter connection for the domestic use from water department of OP. The complainant filed complaint with OP in respect of excessive bill hence OP after inspection of meter connection, the meter was changed by issuing water meter testing certificate. Thereafter, also the bills were not according to consumption and were excessive. The new installed water meter is also defective and generate false bill. The complainant issued legal notice through advocate for correction of bill. The notice issued by OP disconnection of water supply vide letter no. GP/Deligate/-04/38/17-18 dtd.21.07.2017 is arbitrary for illegal bill amount. The disconnection of water meter due to arbitrary issuing of water bill of Rs.10,356/- amounts deficiency of service. Therefore, present complaint filed.
3. OP filed reply and denied allegation and submitted that the OP has issuing notice for the payment of water bill on dtd.21.07.2017 as per clause 30 I(A) of bye laws Municipal Corporation. After testing the meter from lab on 20.03.2017, the meter was found broken and required to be replace. Therefore, the meter was replaced on dt.05.04.2018 bearing meter no. 2016A2375176 and unpaid bills of old meter from June 2016 to Oct. 2017 were revised and issued corrected bill including all arrears. The complainant has paid water bill of Rs.5249/- on 21.04.2014 and Rs.60/- on 01.08.2016 and thereafter the complainant has failed to pay any arrears of bill till date. The OP has issued bill of Rs.10,356/- for the period of 2007-2017 as corrected and accurate bill as per calculation made according to the rules of municipal corporation and therefore the present complaint which is filed without any substantial cause and evidence liable to be dismissed with cost.
4. The counsel for complainant argued that the complainant has filed application on dtd.10.07.2017 for correction in bill issued by OP amount of Rs.10,356/- dtd.03.07.2017. The OP has replaced the old water meter with new on 18.03.2017 but failed to remove the charges of old meter bill which was defective one. Therefore issuance of bill for the amount of Rs.10,356/- dtd.03.07.2017 does amounts deficiency in service.
5. The counsel for OP submitted that after replacement of meter and by calculating average bill units for the period between 2007-2017, for the amount of Rs.10,356/- came to be issued. Therefore, there is no merit in the case and hence liable to be dismissed with cost.
REASONING
6. After hearing of case the following points arose for consideration.
POINTS
- Whether the complainant is consumer? Yes.
- Whether there is deficiency in service on the part of OP? No.
- What order? As per final order.
7. Point No. 1 to 3 – The OP provided water meter to complainant for domestic use and complainant used water and paid the bills according to charged bill. Hence, the complainant is consumer of OP.
8. The basic dispute is in respect of issuance of excessive bill of Rs.10,356/- by OP. After receipt of complaint in respect of excessive bill and defective meter on dtd.10.07.2017, the OP inspected and tested the meter and replaced the complainant’s meter with old one and revised unpaid bill as per average bill and issued corrected bill of Rs.10,356/- on dtd.03.07.2017. The complainant was irregular in payments of regular bills and there was huge amount of arrears of bill. The OP after replacement calculated the average bill as per average units, issued corrected bill. Therefore, the OP has issued correct arrears bill as per average unit amounting Rs.10,356/-. Therefore the issuance of bill by OP according to average bill unit does not amounts deficiency of service and there is no further evidence of defective meter to replace the meter. Hence, the complaint has no merit and liable to be dismissed as per following order.
ORDER
- The complaint is dismissed with no order as to cost.
- Copy of the order shall be given to both the parties, free of cost.
