cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 13th day of February 2013
Filed on : 09/11/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 697/2012
Between
Dayavathi Narayanan, : Complainant
34/1648 – A, ‘Karthika’, (By Adv. Rajesh Vijayendran,
Edapally, Cochin. M/s. Rajesh & Rathish, 35/191,
Automobile road, Palarivattom,
Kochi-682 025.)
And
1. The Executive Engineer, : Opposite party
Kerala Water Authority, (By Ad. P.A. Augustine, Standing
Office of the Executive Engineer, counsel for Kerala Water Authority,
P.H. Division, Kochi-682 016. 91,DD Tex World, Market road,
2. The Assistant Engineer, Kochi-11)
Kerala Water Authority,
Kaloor Division,
Section No. 1,
Kochi-682 016.
O R D E R
A Rajesh, President.
The complainant is holding a water connection under non-domestic category . She received a water charge bill dated 27-06-2009 to the tune of Rs. 31,659/-. Out of the above amount she remitted Rs. 10,000/- each on two occasions under protest or rather fearing disconnection of the water supply. While so in August 2009 the opposite party disconnected the water connection since there was a leak in the pipe line out side the premises of the complainant. By the time much water has been flown under the bridge and the impugned bill has been issued to the complainant demanding to pay Rs. 4,38,502/- which is the subject matter in issue.
2. The opposite parties in their version conceded the disconnection of the water connection of the complainant in August 2009. However the opposite parties stated that the complainant is liable to pay the arrear bill fully prior to the period of disconnection of the water connection.
3. We have heard the counsel for the parties and examined the documents on record. Indisputably the complainant is liable to pay the water charges as per Ext.A4 to the tune of Rs. 31,659/-. It is not in dispute that the complainant remitted Rs. 20,000/- out of the amount stated in Ext. A4 evidenced by Exts. A6 receipts dated 27-07-2009 and 28-08-2009 respectively. The complainant expressed her willingness to pay the balance amount of Rs. 11,659/- to the opposite party as per Ext. A4 bill without interest.
4. Though the opposite party is entitled to levy interest for the amount we are not to allow the same since there was palpable sheer negligence and deficiency in service on the part of the opposite parties in issuing Ext. A15 notice dated 03-10-2012 for Rs. 4,38,502/- without knowing the factual situation and which is not well founded.
5. Before parting with the discussion we observe that the gesture on the part of the learned counsel for the complainant Mr. Rajesh Vijayendran and Mr. P.A. Augustine the standing counsel for the opposite parties in amicably settling the dispute call for more than appreciation and congratulation. If counsel were so amicable in situations the longevity of cases could be briefed and things set right at the earliest.
6. In the result, we pass the following order.
i. The order in I.A. No. 698/2012 dated 09-11-2012 is made
absolute.
ii. We set aside the impugned bills as prayed for
iii. The complainant shall pay the balance amount of Rs.
11,659/- as per Ext. A4 within 30 days from the date of
receipt of a copy of this order failing which the amount shall
carry interest @ 12% p.a. till payment.
iv. The complainant is at liberty to approach the opposite
parties to get the water connection restored as per norms if
advised so, and the opposite parties are directed to look into
the matter appropriately without delay failing which the
complainant herein is at liberty to approach this Forum for
relief.
Pronounced in the open Forum on this the 13th day of February 2013
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Consumer bill dt. 16/08/2004
A2 : Consumer bill dt. 20-02-2009
A3 : Consumer bill dt. 20-04-2009
A4 “ “ dt. 27-06-2009
A5 : Copy of letter dt. 27/07/2009
A6 : two receipts dt. 27/07/2009
and 28/08/2009
A7 : Copy of letter dt. 07-10-2009
A8 : Copy of consumer bill dt. 13/10/2009
A9 : Copy of consumer bill dt. 15/12/2009
A10 : copy of A.D. for receipt of money
A11 : Copy of letter dt. 04-02-2010
A12 : Consumer bill dt. 10-02-2010
A13 : Consumer bill dt. 26-06-2010
A14 : Copy of letter dt. 29-06-2010
A15 : Copy of letter dt. 03-10-2012
Opposite party’s Exhibits : : Nil
