BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 01/10/2014
Date of Order : 06/12/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 742/2014
Between
1. K.J. Kuriachan, | :: | Complainants |
S/o. Late. K.K. John, Advocate, 36/3081 A, Udayanagar, Kaloor, Kochi – 17. 2. Mrs. Suseel Kuriachan, W/o. K.J. Kuriachan, 36/3081 A, Udayanagar, Kaloor, Kochi – 17. | | (By Adv. Sunil Jacob, Ernakulam) |
And
1. The Executive Engineer, Water Authority, | :: | Opposite Parties |
Ernakulam. 2. The Assistant Executive Engineer, P.H. Division, Kochi – 16. 3. The Assistant Executive Engineer, W.W. Sub-Division, Kerala Water Authority, Kochi – 17. | | (Op.pts. by Adv. P.A. Augustine, 91, D.D. Tex World, Market Road, Kochi – 11.) |
O R D E R
Sheen Jose, Member.
1. This complaint is filed by the complainant alleging deficiency in service on the part of the opposite parties in issuing the impugned water charge arrear bill. The opposite parties filed their version denying the allegations of the complainants.
2. No oral evidence was adduced by the parties. Exts. A1 to A16 and Ext. B1 were marked on the side of the complainants and the opposite parties respectively. Heard the learned counsel for the parties. Ext. B1 copy of the consumer ledger goes to show that there is sudden spurt in the consumption of water by the complainant on 23-11-2013. It is to be noted that the consumption of water by the complainant prior to the disputed bill and after the bill is in an average of below 40 KL. In that view of that the matter, we are of the firm opinion that the average of 207.54 KL on 23-11-2013 is only a sudden spurt in the meter reading. That cannot be considered as a yardstick for the issuance of the subsequent bills. Accordingly, we set aside the disputed bill.
3. Resultantly, we allow the complaint in part and direct as follows :-
The opposite parties are directed to issue a revised bill for the period from 26-02-2013 to 27-01-2014, taking average consumption of water by the complainant at 40 KL per month.
The opposite party shall adjust the remittances made by the complainant during this period.
The order in I.A. No. 813/2014 made absolute.
The complainant is directed to remit the revised bill accordingly.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 6th day of December 2014.
Forwarded/By order, Sd/- Sheen Jose, Member.
Sd/- A. Rajesh, President.
Sd/- V.K. Beena Kumari, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Receipt dt. 1-07-2012 |
“ A2 | :: | Consumer bill dt. 22-09-2012 |
“ A3 | :: | Consumer bill dt. 30-11-2012 |
“ A4 | :: | Consumer bill dt. 30-01-2013 |
“ A5 | :: | Receipt dt. 26-02-2013 |
“ A6 | :: | Consumer bill dt. 25-03-2013 |
“ A7 | :: | Consumer bill dt. 30-05-2013 |
“ A8 | :: | Demand and disconnection notice |
“ A9 | :: | Receipt dt. 22-10-2013 |
“ A10 | :: | Copy of the letter dt. 09-01-2014 |
“ A11 | :: | Demand and disconnection notice |
“ A12 | :: | Receipt dt. 26-03-2014 |
“ A13 | :: | Demand and disconnection notice |
“ A14 | :: | Copy of the letter dt. 27-05-2014 |
“ A15 | :: | Demand and disconnection notice |
“ A16 | :: | Demand and disconnection notice |
Opposite party's Exhibits :-
Exhibit B1 | :: | Copy of the ledger |
=========
