KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO.634/2005 JUDGMENT DATED: 20.8.09 Appeal filed against the order passed by CDRF, Kannur in OP.21/04 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER Assistant Executive Engineer, : APPELLANT P.H.Sub Division, Kerala Water Authority, Kannur-12. (By Adv.V.S.Hareendranath) vs. V.V.Sankaran Nambiar, : RESPONDENT Vrindavan, Thana, Kannur JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/Water Authority in OP 21/04 in the file of CDRF, Kannur. The bill issued by the appellants stands cancelled. The appellant is also ordered to pay a compensation of Rs.5000/- and cost of Rs.1000/- 2. There was no representation for the respondent/complainant. 3. It is the case of the complainant that he was making regular payments towards water charges. While so he received an additional bill for a sum of Rs.4752/- for the period from 4/02 to 9/03. According to the complainant he has not consumed that much of water. Deficiency is alleged as there was no periodical recording of meter readings. 4. The opposite party/appellant has contended that the amount mentioned in the bill is based on the actual consumption of water and hence there is no illegality. 5. The evidence adduced consisted of the testimony of PW1, DW1; Exts.A1 to A5 and B1 to B3. 6. The Forum has noted that there was serious deficiency on the part of the appellant in not recording the meter readings periodically. It is also seen that the water connection was disconnected as the amount was not paid within the date specified. 7. We find that opposite party had produced copy of the meter reading register. Nothing was found to the effect that the reading noted in the meter reading register is not correct. Ofcourse there is deficiency in service in not taking the periodical meter readings. All the same we find that so long as the complainant has consumed water despite the fact of lapses on the part of the opposite party the amount is due as alleged. In the circumstances the order of the Forum is set aside. The complainant will be liable to pay the amount as per the bill for the period from 4/02 to 9/03. The appellant will issue fresh notice to the complainant to remit the bill. No surcharge or penalty is to be included in excess than the bill amount of Rs.4752/- The direction to pay compensation and cost is set aside. In the result the appeal is allowed as above. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER ps
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