Wednesday the  30^th    day of November , 2011

in

between

 

                                                                                                                                   

          

                                                         O R D E R

       The complainant case in succinct is as follows:- The complainant is the consumer of the opposite parties bearing consumer No.1353. The complainant paid the water charge of Rs.211/-(Rupees two hundred and  eleven only ) from 2004 to September 2011. Meanwhile on 19^th June 2008, the complainant sent a notice to the 2^nd opposite party calling upon him to replace the faulty meter in the complainant premise. On 22^nd December 2010, the complainant received a notice from the opposite parties demanding to remit an amount of Rs.35164/-(Rupees thirty five thousand one hundred and  sixty four only ) within seven days to avoid disconnection of water supply and revenue recovery. Thereafter, the opposite parties issued another notice to the complainant for an amount of Rs.37302/-(Rupees thirty seven thousand three hundred and  two only ). The complainant filed an application requesting to allow the remittance of water charge in some installments. As such, the complainant was allowed to remit Rs.10000/-( Ruppees ten thousand only ) as the initial payment and the balance amount in four equal installments. The complainant on 30^th March remitted Rs. 10000/­-(Rupees ten thousand only ). And the opposite parties replaced the faulty meter of the complainant. The complainant again on 25^th April 2011, paid Rs.8422/-(Rupees eight thousand four hundred and  twenty two only ) as water charges. The complainant is very much prepared to remit Rs.11605/-(Rupees eleven thousand six hundred and  five only ) for the period spreading from 2006 October to April 2011. The complainant is entitled to get repayment of the surplus amount the complainant remitted. The opposite parties negligence caused immense loss to the complainant. The opposite parties committed deficiency of service. Got aggrieved on this the complainant approached this Forum for compensation and relief.

2. On notice being served, the opposite parties turned up and filed version. The opposite parties contend that the complainant caused defaults in the payment of water charges. The complainant remitted Rs.10000/-(Rupees ten thousand only ) only on demand notice was sent, Thereafter, the complainant remitted Rs.8422/-(Rupees eight thousand four hundred and  twenty two only ). Subsequent to thereupon the complainant did not make it a -point to pay the water charge. According  to the opposite parties, the complainant is yet liable to pay an amount of Rs.22619/-(Rupees twenty two thousand six hundred  and nineteen only ) up to August 2011· The water charge of the complainant has enhanced from Rs.211/-(Rupees two hundred eleven only ) to Rs.532/-(Rupees five hundred and  thirty two only ) vide order dated 25^th September 2009 .  The complainant is disentitled to any relief, the opposite parties contend.

3. The complainant evidence consists of the testimony of the complainant as PW1, and the documents Exbts Al to A9 were marked. On the side of the opposite parties, the 2^nd opposite party was examined as RWl, and the document Exbt B1 was marked.

before us for consideration are:-

 

6. In view of the facts and findings of the discussions made herein above, the Exbts A6 & A 7 bills stand cancelled. The opposite party is directed to issue fresh bill to the complainant taking into account the amount remitted by the complainant viz. Rs.18422/-(Rupees eighteen thousand four hundred and twenty two only ) against water charge.

The complaint is allowed accordingly. No order as to compensation or cost.

         Pronounced in open Forum on this the 30 day of November  , 2011

 

 

 

 

Ext. B1 - Kerala Water Authority Consumer Personal Ledger       

 

 

 

 

 

Compared by:-