BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 01/08/2011

Date of Order : 31/05/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 406/2011

Between

And

O R D E R

A. Rajesh, President.

1. The facts of the complainant's case are as follows :-

The complainant availed herself of a water connection bearing consumer No. K 35/422/D from the opposite party. The average monthly consumption of water was 15.2 Kilo litres. The facts being so on 01-07-2011, the complainant was served with a bill to the tune of Rs. 17,738/- which carries previous excess bills. The water meter of the complainant was replaced recently, but thereafter, the meter has shown an excess reading since 06-11-2010. The water meter reading of the complainant for the period from 06-11-2010 to 06-05-2011, subsequently spurted from 103 KL to 685 KL. Though the complainant requested the opposite party to issue a fresh bill for her actual consumption, they failed to pay any attention to the same. The complainant is not liable to pay the amount as per the disputed bill and the same is liable to be set aside. Thus, the complainant is before us seeking the following reliefs :-

1. To set aside the impugned bill.

2. To direct the opposite party to revise the bill based on the average consumption.

3. To allow the complaint with compensation and costs.

2. The version of the opposite party :

The complainant remitted the water charges on the PIC rate. The opposite party has been issuing bills based on the water meter reading. The PIC can be increased or decreased based on the consumption of the water of the consumer. The water meter of the complainant was replaced on 31-10-2009 Regular meter reading is available thereafter. The complainant is liable to pay the amount as per the penal bill.

3. No oral evidence was adduced by the parties. Exts. A1 to A3 and Ext. B1 were marked on the side of the complainant and the opposite party respectively. Heard the counsel for the parties.

4. The points that came up for consideration are :-

1. Whether the complainant is entitled to get the impugned bill set aside.?

2. Whether the complainant is entitled to get the impugned bill replaced with a fresh bill?

3. Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainant?

5. Point Nos. i. to iii. :- The water meter of the complainant was replaced on 31-10-2009 admittedly and undisputedly . Ext. B1 is the copy of the consumer ledger maintained by the opposite party. In Ext. B1, the meter readings on 06-11-2010 and thereafter, go to show that there is sudden increase in the reading which has not been explained for. During the proceedings in this Forum, the learned counsel for the opposite party on due consideration of the circumstances expressed their willingness to issue a revised bill taking the long average consumption of the complainant for the period from 05-11-2009 to 06-09-2011 and issue the bill for the period from 01-03-2008 till date to which the counsel for the complainant agreed. Though there is no provision in the Kerala Water Supply and Sewerage Act 1986, we think that the suggestion put forward by the counsel for the opposite party is based on the principles of natural justice especially, since rule of law goes to say that consumer is king. The counsel for the complainant did not persist an order for compensation and costs of the proceedings. The gesture on the part of both parties is appreciated which necessarily avoids further unnecessary litigation having matters being settled squarely.

6. In the above circumstances, we partly allow the complaint and direct as follows :

1. We set aside Exts. A1 and A3 penal bills.

2. The opposite party shall issue a revised bill for the period from 01-03-2008 till date taking long average of the consumption of the complainant from 05-11-2009 to 06-09-2011.

3. the opposite party shall adjust the remittances made by the complainant accordingly.

4. However, it is made clear that if the complainant fails to comply with the above direction, the opposite party is at liberty to proceed with against the complainant in accordance with law.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 31^st day of May 2012

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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