DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 17th day of December 2021
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
Date of filing: 21.05.2019.
CC/164/2019
Sivadasan.M.K
S/o.Krishnan - Complainant
Maniproth House
Nellikattiri Post
Palakkad 679 335
(Party in Person)
Vs
The Executive Engineer
Water Authority,
Koottanad Water Supply office - Opposite Party
Koottanadu post, Palakkad
679533
(Adv:R.Gangadharan)
O R D E R
By Smt Vidya A, Member
Brief Facts of the Complaint
1. The complaint is a consumer of Kerala Water Authority, Koottanadu office since 16/03/2018 with consumer No.2669/TMD. He used to pay the bimonthly bills issued by the opposite party regularly. The complainant got a bill of Rs.7,513/- on 08/04/2019. It was a Demand cum disconnection Notice issued by the opposite party with instruction to pay the bill before 15/05/2019 to avoid disconnection of water supply.
There was no regular water supply in that area and they got water once or twice in a month and the people in that locality had complained about this to the Assistant Executive Engineer of Koottanadu office. Meter affixed in the complainant’s house functions even on air circulation.
The complainant was shocked to see the bill and he filed a complaint before the Kerala Water Authority Guruvayoor sub division Office. After accepting his complaint, they assured that they will look into the matter and revert within a month. But he did not receive any reply.
The complainant did not use the quantity of water shown in the bill and he is unable to pay such huge amount. He suspects some defects in the water mater in his premises.
So this complaint is filed for getting compensation of Rs.10,000/- for the mental agony, inconveniences and cost incurred in filing the complaint and for order to replace the meter at the expense of the opposite party if it is found faulty.
2. Complaint admitted and notice issued to the opposite party. The opposite party entered appearance and filed their version.
3. The main contentions in the version
The opposite party admits the complainant’s consumer ID, date of connection etc. The bill issued by the opposite party is a demand cum disconnection notice and it is a normal standard format in the notice to mention the last date of remittance of bill and the last date to avoid disconnection. It is a legal format and for any dues around Rs.5,000/- and above, the meter reader mentions the same in the remarks column.
The averments in the complaint regarding the functioning of the meter on air circulation and scarcity of water in that area are denied by the opposite party.
The bill issued to the complainant on 08/04/2019 is a legal bill for the water consumed by him. The complainant had consumed only 5 KL of water upto 06/08/2018 and the reading on 11/10/2018 is the same and the bill given is for minimum charge. As the complainant’s house was locked on 10/12/2018, reading could not be taken on that day.
Since the complainant had consumed water only within the provisional limit allotted to him till date, the bill dated 07/02/2019 was issued on the basis of usage within provisional limit. Though the bill was generated on 07/02/2019, the reading of the meter was taken on 11/02/2019 and the reading was 236 KL. During that period the complainant had consumed water more than his provisional limit of 5KL / month. On an average the complainant had consumed 37.18 KL water per month during period of 6th August 2018 to 11th February 2019. The minimum reading till August 2018 shows that the meter is working properly and not due to air circulation as alleged by the complainant. The slab applicable for the above average consumption is Rs.446/- per month. Deducting the minimum amount of Rs.20/- per month paid by the complainant plus fine of Rs.5/- and the meter inspection charge of Rs.12/- minus Rs.12/-, the excess amount received forms last payment, the amount to be paid by the complainant was Rs.2,553/-. The reading as on 08/04/2019 was 425 KL. The average consumption for two months was 94.5 KL / month and the slab applicable for the same is Rs.2,480/- month.
On 08/04/2019, spot bill was issued to the complainant mentioning the previous additional bills to be paid and the present bill to be paid for a total of Rs.7,513/-. There is no fault with the meter of the complainant. If any fault is noticed in the functioning of the meter, the opposite party will issue notice to the complainant to replace the faulty meter at the expense of the complainant. The law dosen’t prescribe that this opposite party change the faulty meter at their expense.
The bills issued to the complainant are the water charges for the water consumed by the complainant and he is liable to pay it. There is no deficiency in service on the part of the opposite party. There is no cause of action for the complainant and the opposite party did not cause any mental agony to the complainant. The complainant is not entitled to get any reliefs claimed in the complaint and the complaint is to be dismissed with cost to the opposite party.
4. Complainant filed proof affidavit. Exhibit A1 to A13 marked. (A13 marked subject to proof). The opposite party filed proof affidavit and Exhibit B1 marked from their side. Evidence closed.
Both parties Heard.
Main issues arising for consideration
1.Whether there is any deficiency in service on the part of opposite party?
2.If so, what is the relief as to cost and compensation.
Issues 1 & 2
5. It is admitted fact that the complainant is a consumer of the opposite party. According to the complainant, after taking water connection on 16/03/2018, he was regularly paying the water bills issued by the opposite party. But on 08/04/2019, he got a bill for Rs.7,513/- asking to pay it within 15/05/2019. The complainant’s contention is that he had not used the quantity of water shown in the bill and the exorbitant bill is the result of defect in the meter. The meter functions even on air circulation and this may have caused the excess bill.
The opposite party’s contention in this regard is that there is no fault with the meter of the complainant. If any fault is noticed in the functioning of the meter, the opposite party will issue notice to the complainant to replace the faulty meter at the expense of the complainant.
6. S.42 of Water Supplies and Sewerages Act deals with the provision of water meters. As per S.42 – provision of water meters -
(1).The consumer shall provide a water meter and attach the same to the service pipe in his premises connected with the water works of the authority after obtaining approval from the authority.
(2).The consumer shall repair or replace water meter installed in his premises at his own cost whenever required to do so by the Authority.
7. S.42 A of the said Act deals with the presumption as to correctness of meter. It reads as follows:-
“Whenever water is supplied under this Act through a meter, it shall be presumed that the water indicated by the meter has been consumed, until the contrary is proved.’’
The meter is under the custody of the consumer. The responsibility of the safe custody and maintenance of the meter in sound condition is vested with the consumer. If the consumer feels that the meter is not registering the correct consumption, he can get the meter tested for its accuracy from the Authority after remitting the required fee.
8. Here the complainant had not taken any initiative to test his meter to find out the fault as alleged by him. The Complainant in his affidavit has stated that he had not consumed this much quantity of water and the exorbitant bill may be due to the defects in the meter.
9. The complainant had not adduced any evidence to prove his contention. No defect is detected in the water meter. So as per the presumption under S.42 A mentioned above, it can be presumed that water indicated by the meter has been consumed.
10. No deficiency in service can be attributed to the opposite party for issuing bill for the water consumed and for the issuance of demand cum disconnection notice as per law.
11. Be as it may, from the facts, circumstances and documents adduced and going beyond the strict garb of evidence, one fact remains baffling. How can a common man incur such large amounts of water bill? The opposite party has no case that the complainant used water for any other purpose other than domestic purpose. It is true that the complainant has failed to prove his case, but he could successfully cast suspicion in our minds as to the reliability of the documents issued by the opposite party. But our hands are tied to adjudicate upon the reliability and veracity of the documents produced by opposite party.
12. Hence, if the complainant, within 30 days of receipt of this order, furnishes an application to the opposite party seeking to ascertain the cause for aforesaid escalation in consumption of water and for resultant exorbitant billing, the opposite party shall render all assistances to the complainant and in the event it transpires that the consumption as seen in the meter is exaggerated beyond consumption, the opposite party shall look in to the possibility if any of reducing the bills from 08/04/2019 onwards.
This complaint is dismissed of with the aforesaid direction.
Pronounced in the open court on this the 17th day of December 2021 .
Sd/-
Vinay Menon V
President.
Sd/-
Vidya.A Member
Exhibits marked on the side of complainant
Ext. A1– Bill issued by the Kerala Water Authority dated 01/04/2019.
Ext.A2 –Copy of the complaint given to KWA Guruvayoor sub division
dated 09/04/2019.
Ext.A3 – Provisional invoice card issued by KWA dated 16/03/2018.
Ext.A4 - Demand and disconnection notice issued by KWA dated 05/06/18
Ext.A4(a) - Receipt issued by KWA dated 06/07/2018.
Ext.A5 -Demand and disconnection notice issued by KWA dated 01/08/18.
Ext.A5(a) - Receipt issued by KWA dated 06/09/2018
Ext.A6 -Demand and disconnection notice issued by KWA dated 08/10/18.
Ext.A6(a) -Receipt issued by KWA dated 15/11/2018.
Ext.A6 -Demand and disconnection notice issued by KWA dated 03/12/18.
Ext.A7(a) -Receipt issued by KWA dated 16/01/2019.
Ext.A8 -Demand and disconnection notice issued by KWA dated 07/02/19.
Ext.A8(a) -Receipt issued by KWA dated 22/03/2019.
Ext.A9 -Demand and disconnection notice issued by KWA dated 11/06/19.
Ext.A10 -Demand and disconnection notice issued by KWA dated 6/08/19.
Ext.A11 -Demand and disconnection notice issued by KWA dated 07/10/19.
Ext.A12 - Demand and disconnection notice issued by KWA dated 3/12/19.
Ext.A13 -Malayala Manorama paper news fourth pages dated 22/11/2019.
Exhibits marked on the side of Opposite parties
Ext.B1- The personal ledger extract of the complainant.
Cost: NIL
