BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 05/03/2011

Date of Order : 30/09/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 133/2011

Between

 

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :

The complainant is a domestic category consumer under the 2^nd opposite party. The complainant is employed in Germany and he used to come to his house occasionally. He is having a well in his premises also. So, the use of the water supplied by the 2^nd opposite party is only minimal. The PIC amount is Rs. 22/- only. Though the water meter of the complainant was faulty for a long period, a bill for Rs. 14,075/- dated 25-03-2009 and another bill for Rs. 10,565/- dated 31-10-2009 was also issued to the complainant. Since he came for a week's leave during those periods, he had no other option but to remit the bill amounts. Thereafter, he received a notice dated 16-06-2010 demanding him to remit Rs. 3,768/- towards the arrears till April 2010 and he remitted the said amount as well on 22-06-2010. Again, he received two demand notices dated 09-11-2010 and 26-11-2010 asking him to pay Rs. 4,018/- and Rs. 6,028/- respectively. Finally, a consumer bill dated 23-02-2011 for Rs. 23,211/- was sent to him. The exorbitant consumption was recorded due to the incorrect recording of consumption. The complainant never consumed water more than the permitted quantity as per the PIC. The bills were issued on the basis of false meter reading. So, the collection of Rs. 14,075/- on 31-03-2009 and Rs. 3,770/- on 22-06-2010 was unwarranted. Also, the complainant is not liable to pay the bill dated 23-02-2010 for Rs. 23,211/-. The act of the 2^nd opposite party to issue exorbitant bill without ascertaining the correctness of the meter reading amount to deficiency in service. The complainant is entitled for the refund of Rs. 14,075/- and Rs. 3,770/- remitted by him on 31-03-2009 and on 22-06-2010. He is also not liable to pay the bill amount of Rs. 23,211/- dated 23-02-2011. The said consumer bill for Rs. 23,211/- has to be cancelled. Hence this complaint.

2. Version of the opposite party :

The water charge arrear bills remitted by the complainant was for the period from March 2005 to February 2009 and from March 2009 to April 2010. The impugned bill for Rs. 23,211/- dated 23-02-2010 is for the arrear water charge from May 2010 to January 2011. The bill was issued on the basis of a fresh water meter reading which was replaced on 21-12-2009. All the bills were issued on the basis of the actual consumption of potable water by the consumer and he is legally liable to remit the same.

3. No oral evidence was adduced by the parties. Exts. A1 to A6 and B1 to B3 were marked on the side of the complainant and the opposite parties respectively. Head the counsel for the parties.

4. The points that arose for consideration are :

1. Whether the complainant is entitled to get refund of Rs. 14,075/- and Rs. 3,770/- amounts remitted on 31-03-2009 and 22-06-2010 respectively?

2. Whether the complainant is liable to pay the amount as per the disputed bill?

5. Point Nos. i. and ii. :- Admittedly, the water meter of the complainant was replaced on 21-12-2009. During the proceedings the counsel for the complainant expressed the willingness of the complainant to remit the water charges on the basis of long coverage of his consumption for the period from 12-06-2002 to 09-11-2009 as per Ext. B1 Consumer Personal Ledger. The opposite party as well agreed to the same.

6. The water meter reading as per Ext. B1 for the above period is as follows :

Reading date Meter reading

12-06-2002 635

05-01-2004 1047

11-07-2004 1621

11-02-2005 2135

05-11-2005 --

27-05-2006 2945

09-11-2009 2750

7. On the basis of the above circumstances, we pass the following order :

1. We set aside Ext. A6 bill dated 23-02-2011.

2. The 2^nd opposite party shall issue a fresh bill on the basis of long average reading as mentioned above for the disputed period (March 2005 to 21-12-2009).

3. The opposite parties shall adjust the remittances made by the complainant for the above period with the actual bill to be issued.

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 30^th day of September 2011.

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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Date of Despatch of this Order ::

By Post ::

By Hand ::