DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 23rd DAY OF APRIL, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 01.01.2024.
CC/5/2024
Rajappan, S/o.Kunjelan, - Complainant
Raj Bhavan, Kadamkode,
Karinkarappully PO,
Kerala-678 551.
(Party-in-Person)
Vs
1. Executive Engineer, -Opposite Parties
Kerala Water Authority,
PH Sub Division Palakkad,
Palakkad.
2. Assistant Engineer,
Kerala Water Authority,
Palakkad Section, Palakkad,
Palakkad.
(By Adv.R.Gangadharan)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant.
The complainant is a Consumer of the opposite parties having Consumer No.KDO/4449/D Domestic. The complainant took this water connection under the ‘Jal Jeevan’ Scheme of the Central Government in February, 2023. The first bill for the water consumption was issued by the opposite parties on 06.10.2023 demanding Rs.74/- and showing reading as 237 Units. He received the next bill dated 08.12.2023 for the period from 07.10.2023 to 10.12.2023 demanding Rs.16,423/- though the water consumption was shown as 73 KL. Assuming that, this anomaly may be due to the fault of the water meter installed, the complainant requested the opposite parties to inspect the water meter and find out whether it is working properly, the opposite parties did not take any steps in this regard. Instead, directed the complainant to pay the bill and then make a representation to the opposite parties. Aggrieved by this, the complainant has approached this Commission seeking orders directing the opposite party to issue fresh bills based on the actual consumption of water by the complainant apart from a compensation of Rs.10,000/-.
2. Notices were issued to the opposite parties. They entered appearance; but failed to file version within the statutory period. Hence, they were set ex-parte. Though the opposite parties filed IA.No.103/2024 for setting aside the ex-parte order, it was dismissed as the Commission has no authority to do so.
3. The complainant filed proof affidavit and marked Exts.A1 and A2 as evidence. Ext.A1 is the water bill dated 08.12.2023 and Ext.A2 is the bill dated 06.01.2023.
4. In the absence of any counter pleadings from the side of the opposite parties, this Commission has to examine only whether the complainant has succeeded in the proving a prima-facie case against the opposite parties.
5. The bills marked as evidence show the following mismatches/discrepancies.
I. Ext.A2
a) The bill is dated 06.10.2023, but the reading shown is as on 07.10.2023.
b) The reading is mentioned as 237, but the monthly consumption is shown as 10KL and the amount demanded is Rs.74/-.
II.Ext.A1
a) The bill is dated 08.12.2023 but the reading of 10.12.2023 is entered.
b) Previous readings in the bill does not match with the reading shown in previous bill dated 06.10.2023 and the consumption has been shown as 598 KL.
III. Both the bills are system generated, but the dates and readings are entered manually.
IV. In the bill dated 08.12.2023 Rs.14,678/- has been demanded as previous bill adjustment without any proper explanation.
From the above, it is evident that the opposite parties have issued the bills to the complainant in most unprofessional and unconvincing way and beyond the comprehension of anybody, which amounts to deficiency in service and unfair trade practice. Further, the reason for not taking bimonthly readings and issuing bimonthly bills is also not known.
6. Resultantly, the complaint is allowed ordering the following;
1) The opposite parties directed to issue fresh bills to the complainant from the date of connection till 10.12.2023 on the basis of bimonthly average actual consumption.
2) The opposite parties are also directed to pay Rs.10,000/- as compensation for deficiency in service and unfair trade practice.
3) The opposite parties are liable to pay Rs.5,000/- as legal expenses.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 23rd day of April, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
