DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 27th day of January 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
Date of filing: 17.12.2019.
CC/285/2019
M.V.Dayanandan
C/o.Viswabharathy - Complainant
Manakkal Variem
Moolamkode Post
Kizhakkencherry Post
Palakkad- 678 684
(By Adv:M.Raveendran)
Vs
1. The Executive Engineer (KWA)
P.H. Division Office
Kalmandampam
Palakkad- 678 001.
2. The Assistant Executive Engineer (KWA)
P.H Sub Division Office
Alathur Post Opposite Parties
Palakkad-678 541.
3. The Assistant Engineer (KWA)
P.H Section Office
Alathur Post
Palakkad-678 541.
(By Adv:Gangadharan)
O R D E R
By Smt Vidya A., Member
1.Brief Facts of the Complaint
1. The complainant in this case is the P.O.A holder of his sister Viswabharathy. There was a water connection in the name of his sister with consumer No KZY/509/N from the 2nd opposite party’s office. Since they were not using that connection, they gave an application to disconnect the same in 2nd opposite party’s office on 09/04/2012. The 2nd opposite party’s office did not do anything and later the complainant received a letter from that office on 23/02/2018 stating that the above connection had arrears of Rs.22,804/-. The opposite party’s contention in this regard was that the water connection was disconnected in 2015 and the complainant had paid the water charges from 10/2009 to 06/2010 only. The balance amount from 07/2010 to 06/2015 and the interest and fine amounts to Rs.23,725/-. The water charges during that period was Rs.12,840/- and the interest and fine amount is Rs.10,885/-. Further they asked the complaint to give an application in the Adalath for getting concession and accordingly, the complainant gave an application in the opposite party’s Adalath for getting concession in the water charges. But the opposite parties did not inform any thing about the Adalathh.
On 05/12/2019, they received a notice from village office stating initiation of Revenue Recovery proceedings against the complainant for recovering an amount of Rs.71,786/-.
This complaint is filed for getting stay of the Revenue Recovery proceedings till the disposal of the complaint and for directing the opposite parties to state the exact amount to be paid by the complainant and for getting Rs.10,000/- as compensation and Rs.5,000/- as cost of this litigation.
2. Complaint admitted and notice issued to the opposite parties. The opposite parties entered appearance and filed their version.
3. Main Contentions in the version
Their contention is that Revenue Recovery Proceedings were initiated against the complainant for recovering the amount of Rs.33,886/-. The complainant took the water connection for construction purpose and it is not for domestic purpose. After the completion of the construction, the owner has to convert it into domestic purpose by submitting necessary documents. The complainant did not do this or renewed the connection. They have paid the water charges upto June 2010 only. The water connection was disconnected due to non-payments of arrears. The arrear amount upto 10/2019 is Rs.37,040/- only. But the mistake in the amount as Rs.71,786/- happened due to wrong entry in the Revenue Recovery Portal.
It occurred because of the mistake in the calculation of the period for which fine is to be levied. The complainant had paid the first installment Rs.11,267/- on 30/12/2019. So this complaint is barred by ‘Estoppel’.
The allegation regarding non consideration of disconnection application submitted by the complainant is denied. After paying the entire dues the application has to be submitted in proper form with disconnection fee of Rs.65/-. Without paying the arrears, water connection cannot be disconnected. The complainant had not paid the dues even after the disconnection on 18/06/2015. So the opposite parties were forced to initiate Revenue Recovery proceedings against the complainant.
The other allegations regarding Adalath are denied by the opposite parties. Even though the complainant submitted application for participating in the Adalath he was not present in the Adalath held on 20/02/2018.
The Complainant has to pay only Rs.37,040/- which is legally due to the opposite parties. The complainant is not entitled to get any compensation from the opposite parties and the complaint has to be dismissed.
4. After that the opposite parties filed affidavit stating that the complainant had remitted an amount of Rs.72,633/- towards Revenue Recovery Proceedings. But the actual amount due to the opposite parties is only Rs.37,040/-. So they are ready to refund the excess amount of Rs.35,593/- to the complainant on production of the Bank account details.
5. Accordingly the complainant produced the Bank Account details., But the complainant claimed the interest for the above amount from the date of recovery through Revenue Recovery proceedings till payment of the excess amount and compensation from the opposite parties. After that the opposite parties credited Rs.35,593/- to the complainant’s account.
6. Even though the error in the amount happened due to wrong entry in the Revenue Recovery portal and calculation mistake, the complainant had suffered mental agony and financial loss on account of that. So the complainant is entitled to get the interest for the excess amount from the date of recovery of the amount through the Revenue Recovery proceedings till the date of refund of the excess amount and compensation for the mental agony and financial loss suffered by him.
So the complaint is allowed in part.
We direct the opposite parties to
(1)Pay 9% interest for the excess amount collected ie Rs.35,593/- ((Rupees thirty five thousand five hundred and ninety three only) from the date of recovery of the amount through the Revenue Recovery proceedings till the date of refund of the excess amount.
(2)To pay an amount of Rs.3,000/- (Rupees three thousand only) for the mental agony and inconvenience suffered by the complainant and 2,000/- as cost of the litigation.
Order shall be complied within a period of 45 days from the date of receipt of this order.
Pronounced in the open court on this the 27th day of January 2022.
Sd/-
Vinay Menon V
President.
Sd/-
Vidya.A Member
Exhibits marked on the side of complainant
NIL
Exhibits marked on the side of Opposite parties
NIL
Cost: 2,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Resolution 20(5) of the Consumer protection (Consumer Commission Procedure) Regulations, 2020 falling which they will be weeded out.
