DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 06th day of February 2019
Present : Smt.Shiny.P.R. President
: Sri.V.P.Anantha Narayanan, Member Date of filing: 20/04/2018
CC/58/2018
1. T.D.Mary,
W/o E.A.Joy,
Eluvathingal House,
Kozhinjiramkad,
Pallatheri (PO),
Palakkad – 678 007. - Complainants
2. E.A.Joy,
S/o E.V.Anthoni,
Eluvathingal House,
Kozhinjiramkad,
Pallatheri (PO),
Palakkad – 678 007.
(By Party in person only)
Vs
-
Kerala Water Authority,
Kalmandapam, P.H Sub Division,
Palakkad – 678 001.
-
Kerala Water Authority,
Kalmandapam, P.H Sub Division,
Palakkad – 678 001.
(By Adv.K.A.Stanly James)
O R D E R
By Sri.V.P.Anantha Narayanan, Member
The case of the complainant is that, on 29/05/2007 she has got water connection from Kerala Water Authority, Palakkad as per consumer number – 3280/MRD. She further states that the shop room numbers 7/644 and 7/645 which are located near Polytechnic College bus stop on Pollachi Road in Marutha Road Panchayath were in her name; she and her husband were running a hotel there for their livelihood. She also submits that in their building there is a bore well with enough water and a motor and for an alternative purpose Kerala Water Authority water connection was taken and very small quantity of water was used from Kerala Water Authority water connection. Due to financial difficulties, in 2016 August, the complainants stopped their hotel business and let out their buildings for rent to a company, called “swastik”; subsequently on 06.07.2017 the land and buildings were sold to P.R.Nidheesh. In 2017 December as per the telephonic call received from Marutha Road Village Office, the complainants enquired at the Village Office and came to know that the subject building was going to be attached to avoid which Rs.12,503/- should be paid which is Kerala Water Authority arrears. According to the complainant, she has not received any intimation in this regard from the Kerala Water Authority. Although complainants tried to contact the opposite parties, they were out of station and on 26.12.2017 complainant remitted Rs.12,503/- in Marutha Road Village Office, Palakkad. Complainant also submits that in January 2011 and in March 2011 to disconnect her water connection she has filed an application and on the water meter card given on 07.01.2011 meter reading has been taken and written as 0649, no other meter reading was seen recorded on the card upto the date of sale of that building. Since 7th January 2011 nobody came to examine water meter or to take and write reading, as pleaded by the complainants. In 2015 complainant was again called by Kerala Water Authority Office and complainant went there and she was told to remit Rs.3,000/- as arrears and the balance was to be remitted in installments, after convincing the matter to the complainant. In 2015 complainant remitted that amount. She also pleads that for water not used by her, she would not pay. After December 2017 attachment notice and payment happened. According to the complainant’s they were not given correct bill or notice which ended to attachment and as a result they had to pay the amount and had to suffer financial loss. After remitting Rs.12,503/- on 26.12.2017 at Marutharode Village Office before 08.02.2018 complainant went twice to Kerala Water Authority Office and applied for statement of her water connection bill, but she was informed that the amount remitted in the village office was not received in Kerala Water Authority Office. Then the complainant enquired at the village office and the Village Officer on 28.12.2017 showed her receipt of the amount paid there and other records whose photo was taken by the complainant in his mobile and showed the same to Kerala Water Authority Officials who then consented to have received the amount and complainant was given statement of the water bill. According to the complainant though she paid the amount on 26.12.2017, which was remitted by Village Office on 28.12.2017 at Kerala Water Authority Office, upto showing of photo, statement was not received from Kerala Water Authority Office. Therefore complainant was put to unnecessary difficulties and efforts which shows Kerala Water Authority staff’s negligence and dereliction of duty which also caused financial loss, lack of prestige etc. to the complainant. Further they were given attachment notice and the attachment information was known to them only through village office and not through Kerala Water Authority Office which shows the opposite parties grave deficiency in service. Further in the bill statement it is mentioned “the disconnected consumer”. But, it is not mentioned “when disconnected”. There is no act on the part of the opposite parties to give a bill or intimation to the complainants. Hence complainants pray that complainant should be given bill for the correct period after recording the meter reading of the meter and for the service deficiency and financial loss, from the Kerala Water Authority Rs.12,503/- and a compensation of Rs.75,000/- may be recovered for which complainant prays for an order from this Hon’ble Forum.
The complaint was admitted and notices were sent to the opposite parties to enter their appearance and file their version. In the version jointly filed by opposite parties 1 & 2, the aversions made by the complainant in his complaint are denied. They also contend that expect those expressly admitted by them all the other aversions are denied. According to the opposite parties 1 & 2 the present case is barred by limitation and for the reliefs demanded in this case, they do not come within the purview of this Forum. Before admitting this complaint, RR steps have been taken against the complainants and according to these opposite parties, this case cannot be proceeded/adjudicated by this Forum. Further these opposite parties argue that MRT/3280/N is a non domestic water connection given on 29.05.2007 in the address of T.D.Mary, 7/644, Marutha Road, Palakkad. These opposite parties are not aware of the complainant’s statements that due to financial problems in August 2016 the complainants stopped their hotel business, let out their building to a company by name “swastik”, subsequently on 06.07.2017 this building and the land was sold to P.R.Nidheesh. According to these opposite parties these activities are done by the complainant without their knowledge and hence they are illegal. At the time of sale immediately ownership should be changed but, the aforesaid water connection is still in the name of T.D.Mary. These opposite parties also contend that RR action of Kerala Water Authority is adopted as online, once an application is entered as online then the amount will be received by the Village Officer. Though in the meanwhile, consumers contact Kerala Water Authority, these authorities cannot accept amounts, this matter was politely informed to the complainants. These opposite parties also deny the statements in the complaint that water connection disconnection application was given by the complainant in 2011 January and March, in the water meter card given on 07.01.2011 meter reading was written as 0649, no other meter reading was seen written on the water meter card. After January 7, 2011 upto the date of sale of the building nobody came to examine the meter or to take meter reading because they were falsely made. According to these opposite parties, to disconnect a water connection two times application need not be given. As per the water Authority Regulation and Computer Software consumer should apply in the prescribed form by paying Rs.65/-, only then connection would be disconnected. Also arrears upto that date should be paid; only then in the computer, application and application fee of Rs.65/- can be entered. According to these opposite parties complainant’s did not pay a single rupee in Kerala Water Authority Office in January 2011 or in March 2011; although there were arrear amounts due from the complainant of Rs.3,570/- and Rs.3,970/- in 2011 January and 2011 March respectively. Without clearing arrears disconnection application cannot be entertained. Also the complainant has not paid disconnection fee of Rs.65/-. After 2011 March, on 16.04.2011, on 05.05.2011, on 13.09.2012 and 21.08.2015, complainant had paid water tax. Actually, the connection of the complainant was disconnected only on 22.04.2014 due to nonpayment of water charge arrears. After 07.01.2011, in the water meter card of the complainant regarding the statement of the complainant that water meter card is not seen written, the fact is revealed by these opposite parties that at present the consumers invoice card system does not exist, instead computer bill is given, hence not written in the water meter reading card. Also false is the statement of the complainant that after 2011 January to take reading no person came because during April, July, November 2011 and during 2012 March, July and November meter reading was taken. These opposite parties also contend that before entering RR as online by way of last intimation consumers were usually called, in that manner complainant was also called and she contacted the Kerala Water Authority Office and informed the office that arrear amount of Rs.10,801/- on 21.08.2015 shall be paid in three instalments and requested for not taking RR steps, instalment facility was allowed to the complainant and the 1st instalment of Rs.3,000/- was paid by them there after not a single rupee was paid by them. Hence, RR steps were postponed and after 2 years when balance amount due was not paid on 27.10.2017 RR was entered as online; upto 27.10.2017 on this connection Rs.11,765/- was the arrear amount which was paid later in Village Office by the complainants. These opposite parties also denied the complainant’s statements that she did not use water because upto 23.03.2012 complainant’s meter was working and the reading was also recorded. After that meter became faulty. Since consumption was less for most of the period, to the complainant only minimum charge came. Whether any water is used or not those having connection should pay minimum charge, even that amount was not paid by the complainant, according to these opposite parties. Hence, this arrear amount came. These opposite parties also contend that after entering online RR application on 27.10.2017 Kerala Water Authority did not contact the consumers, because the remaining matters are to be done in Village Office. According to them complainants are called in phone, allowed installment facility, necessary time was also allowed to them even then due to nonpayment of arrears Kerala Water Authority has to take RR steps. Hence no financial loss was caused by these opposite parties to the complainants. After remitting arrear amount on 26.12.2017 in Marutha Road village office on 08.02.2018 complainant came to this office and gave an application for bill statements which was also given by this office. Hence these opposite parties pray that the complaint may be dismissed with compensatory cost allowed to these opposite parties because there is no deficiency in service and unfair trade practice on the part of these opposite parties.
Complainant filed chief affidavit. Opposite parties also filed chief affidavit and additional affidavit. Issued summons to Marutha Road Village Officer for production of documents and he produced document which was marked as X1 series. From the part of the complainant Exts.A1 to A4 were marked, except Ext.A2 which was marked subject to proof. From the part of the opposite parties Ext.B1 was marked. Both parties were heard.
The following Issues are considered in this case:-
1. Whether the complaint is barred by limitation?
2. Whether there is any deficiency in service and unfair trade practice have
committed by the opposite parties? and
3. If so, what is the relief which the complainant is entitled for?
Issues 1 2 & 3 in detail
We have perused the affidavits and documentary evidences filed by both parties and observe the following. Kerala Water Authority has referred the case of the complainant to Marutha Road Village Office for initiating RR proceedings and attachment against the complainant to recover water tax arrears from her. This complaint is not barred by limitation because complainant was not given notice informing her of arrears of water tax due from her to the opposite parties before entering application for RR as online. It is a continuous process and limitation will not apply to this complaint. Regarding the other issues, complainants were not given correct bills or notice which ended to attachment and as a result complainant has to pay huge amount and suffer from financial loss and mental agony. In 2017, December as per the telephonic call received from the Marutha Road Village Office, complainants enquired at the village office and came to know about the proposed attachment of her building, to avoid which Kerala Water Authority water tax arrears of Rs.12,503/- should be immediately paid at this office which complainant paid, which is clear from Ext.X1 series. Although in January 2011 and March 2011 her water connection disconnection applications were given her connection was not disconnected. Meter reading was taken and recorded by the opposite party in meter reading card only on 07.01.2011 which is clear from Ext.A1, but on no other days meter reading was taken and recorded in the water meter card upto the date of sale of that building which amounts to grave service deficiency on the part of the opposite parties. Again in 2015 as per telephonic call received complainants went to Kerala Water Authority Office and as per their instructions Rs.3,000/- water tax arrears were remitted by the complainant in 2015 which is evident from Ext.B1. We also view that after remitting Rs.12,503/- on 26.12.2017 at Marutha Road Village Office complainant had to go to Kerala Water Authority office twice, but, she has got her water connections water statement bill only when they have shown the photo of the receipt of the amount paid at Marutha Road Village Office which also displays a serious deficiency of service on the part of the opposite parties. Complainant has also applied for getting statement of water bill on 08.02.2018 to the opposite parties which is evident from Ext.A3. Complainant also submits that only from Marutha Road Village Office intimation has been received about the receipt of demand notice for attachment of her building and no communication regarding the arrear amount of water tax due by her to the Kerala Water Authority is given by Kerala Water Authority to her before entering as online application to Marutha Road Village Office for initiating RR action against the complainants which also demonstrates grave deficiency has been committed by the opposite parties which caused to the complainant much financial loss and mental agony. But the complainants averments are denied by the opposite parties. To support their contentions they filed Ext.B1 which shows payment of Rs.3,000/- on 21/08/2015 by the complainant, presence of arrears of Rs.10,801/- as on 09.07.2015 and after 09.11.2012 meter reading not recorded in customer personal ledger maintained by the opposite parties. They also contend that they have called complainants in phone, complainants are allowed installment facility and necessary time, enough time to make payment of arrears and even then due to nonpayment of arrears by the complainants the opposite parties have to take RR steps. We observe that Kerala Water Authority has referred the case of the complainant to Marutha Road Village Office for initiating RR proceedings and attachment against the complainant to recover water tax arrears from her. We view that before entering RR application against these aged complainants on online basis, a notice showing this much water tax arrear amount of Rs.11,765/- was due from the complainant and the same should be settled immediately to avoid attachment of her buildings, warning of taking of Revenue Recovery steps against the complainants, is not seen issued to the complainants. This omission shows grave service deficiency committed on the part of opposite parties towards aged complainants which undoubtedly must have created a lot of mental agony to them, besides occurrence of financial loss. We also observe that the proposed attachment of a building acquired by the complainants by their hard work for which they will definitely attach a great amount of sentimental value must have created in the minds of the complainants immeasurable amount of mental agony and unrest which cannot be precisely measured in monetary terms.
Under these circumstances we decide to partly allow the complaint.
We order the opposite parties to pay to the complainants Rs.2,000/- (Rupees two thousand only) by way of compensation for mental agony suffered by the complainants and Rs.1,000/- (Rupees One thousand only) towards the cost of this proceedings.
This order shall be executed within one month from the date of receipt of this order; otherwise complainant is also entitled to realize 9% interest p.a on
the total amount due to her from the date of this order till realization.
Pronounced in the open court on this the 06th day of February 2019.
Sd/-
Shiny.P.R
President
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Original water meter card issued by Kerala Water Authority P.H Sub
Division, Palakkad to the complainant
Ext.A2 - Photocopy of receipt issued by Kerala Water Authority P.H Sub
Division, Palakkad to Village Office (Subject to Proof)
Ext.A3 - Photocopy of application submitted by the complainant to the Executive
Engineer, Kerala Water Authority P.H Sub Division, Palakkad requesting
him to give statement of bill to her.
Ext.A4 - Copy of Demand notice issued by Thahazildar, Palakkad to the
complainant for attachment.
Ext.X1 series - Photo copy of Receipt issued by Kerala Water Authority for
Rs.11,765/- remitted by the complainant and photo copy of
receipt issued by Marutha Road Village Office for Rs.12,503/- to
the complainant in which Rs.11,765/- paid in Kerala Water
Authority Office is also included.
Exhibits marked on the side of Opposite parties
Ext.B1 - True copy of Consumer personal ledger extract.
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost
Rs.1,000/-
