KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 506/2010

 JUDGMENT DATED:22-06-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

Sree Raja Rajeswari Sports & Library,

Perunguzhi, Repd. by its President.                 : APPELLANT

(By Adv.Sri.G.S.Nair)

            Vs.

1.         Managing Director,

Kerala Water Authority, TVPM.

2.         Executive Engineer,

Kerala Water Authority,

Attingal Sub Division, Attingal.               : RESPONDENTS

3.         Asst. Executive Engineer,

Kerala Water Authority,

Attingal Sub Division, Attingal.

                 JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellant is the complainant in CC.13/09 in the file of CDRF, Thiruvananthapuram.  The complaint stands dismissed.

2.      The case of the complainant who is the President of the Arts and Sports Club cum Library is that after taking connection for water supply in 1986 April, the opposite parties had intimated that on payment of the arrears of Rs.4459/- the connection shall be converted into domestic from non domestic and the amount was remitted on 25/8/1998.  Subsequently a bill up to 10/07 has been issued for a sum of Rs.37,702/-.  It is contended that no intimation has been given as to conversion of the complainant into non domestic category.  It is also contended that water used to be available only in alternate days.  It is also contended that from September 2003 to September 2004 there was no supply at all as the supply pipe in the road was damaged.  The complainant has sought for remitting the arrears as in the category of domestic at the rate of Rs.20/-.

3.      On the other hand, the opposite parties have contended that the connection was provided as non domestic on 1/4/1986. Subsequently from 11/96 to 8/98 the supply was charged under domestic category.  After 8/98 no amount has been remitted towards water charges.  The connection has also been converted to non domestic as the water is used only for the sports club purposes.  It is thereafter for the period from 9/98 to 9/2007, the bill has been issued charging on non domestic basis.  Up to 2/09 the amount would work out to Rs.56.140/-.   In the adalath it was directed to pay the amount on the basis of one time settlement excluding penal charges.  But the complainant has not agreed for the same. 

4.      The evidence adduced consisted of the testimony of PW1, DW1 Exts.P1 to P5 and D1 and D2.

 5.     The Forum has held that the particular club cannot be treated as eligible for domestic connection and hence dismissed the complaint.

6.      We find that as per Ext.P5 letter dated:16/11/1996 the opposite parties have directed the complainant to remit the outstanding arrears and that it has been decided to convert the connection of domestic category from 11/96 onwards.  It is seen that the arrears was remitted only on 25/8/1998.  The opposite parties had collected the amount from 11/96 to 25/8/98 only under domestic category.  It is thereafter the category has been changed to non domestic.  It is not evident as to on which date the change of category was made.  It is also disputed that the complainant was not intimated or given notice as to the change of category.  So, also as to whether the complainant is entitled for the connection under the domestic category as per the statute is not explained.  The case of the complainant is exclusively based on Ext.P5 dated:16/11/96 as per which the opposite parties had agreed to convert the connection into domestic category.  It is also to be noted that the complainant has not remitted any amount since 25/8/1998.  The opposite parties have also not issued periodical water bills.  There is deficiency of service on the part of the opposite parties and gross lapse on the part of the complainant also. 

7.      In the circumstances we find that it would be appropriate to direct the complainant to pay the arrears at the minimum of non domestic category without including any penal charges or surcharges.  The opposite parties are directed to issue fresh bill on the above basis.  The opposite parties are also directed to provide instalment facility to the complainant to remit the amount.  There will be no order as to cost.  The opposite parties shall issue the fresh bill within two months from the date of receipt of this order.

In the result the appeal is allowed in part as above.

Office will forward the LCR along with copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.