BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1602/2014

DATED ON THIS THE 16^th October 2015

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act 1986, against the opposite parties, seeking a direction to refund the excess amount collected along with interest from 2008, `10,000/- towards compensation for the mental agony and other reliefs.
2.     The complainant is a domestic consumer, paid excess amount towards the consumption of excess water for the period 2008-2011.  The complainant, on getting the water meter calibrated by opposite party No.1 Technician, came to know that the meter is defective.  Hence, prays for refund of the amount collected in excess along with interest and other reliefs.
3.    The opposite party No.1 admits the defect in the meter, as a result collected the bill amount in excess.  Since there is no provision for refunding the bill amount as per rules and regulations, the opposite party No.1 assured the complainant, the excess amount collected by it will be adjusted in the future bills, accordingly started adjusting the water bill amount.  As such, there is no deficiency in service and hence, prays for dismissal of the complaint.
4.     To prove the averments, both parties have filed their affidavits along with documents.  On hearing both side, and on perusal of the documents on record, matter posted for orders.
5.     The points that arise for consideration of this Forum are as follows:-

1. Whether the complainant proves the deficiency in service on the part of the opposite party No.1 and that he is entitled for the reliefs?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant is a domestic consumer, alleges the consumption of water for the period 2008 to 2011 on the higher side, compare to the normal consumption of water.  The same was reported to opposite party No.1 and on the advice of opposite party No.1, the complainant got inspected the sump, water lines, pipe fittings, but found no defects.  Further, got calibrated the water meter, at opposite party’s technical centre, who in turn reported the existence of the defect in the meter.  The complainant requested the opposite party No.1 to refund the amount collected in excess due to defective water meter with interest.  The complainant alleged that opposite party No.1 did not come forward to repay the same.  Thereby, alleging the deficiency in service filed this complaint seeking reliefs.
8.    The opposite party No.1 admitted the defect in the meter and assured that the amount collected in excess due to defective water meter reading will be adjusted in the forth coming bills and started adjusting the water consumption bills.  Since, there is no provision to refund the amount collected in excess with interest, the opposite party No.1 repudiated to pay the same.  Hence, the opposite party No.1 prays for dismissal of the complaint.
9.    It is true that on account of defective water meter reading the opposite party No.1 has collected the excess bill amount from complainant.  The complainant did not get calibrated/tested the water meter by the opposite party No.1 before installation and later alleged that the meter reading was in correct. (For flow of 200 ltrs of water, the meter was reading a flow of 310 ltrs).  As such the water meter purchased and installed by complainant, appears to be defective.  However, the opposite party No.1 has assured to adjust the excess bill amount in the future consumption bills and started acting accordingly.  Hence, the collection of excess bill by opposite party is not an illegal act as such there is no deficiency in service on the part of opposite party No.1.  However, for the inconvenience caused, by collection of excess amount, the opposite party No.1 is liable to pay compensation to complainant.  Accordingly, point No.1 is answered partly in the affirmative.
10.  Point No.2:- In view of the above findings, we hereby proceed to pass the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party No.1 is hereby directed to adjust the excess amount collected in the future bills of the complainant.
3. The opposite party No.1 shall pay a sum of `3,000/- towards compensation for deficiency in service, mental agony and `2,000/- towards litigation expenses to the complainant within 30 days of this order.  In default, the opposite party No.1 is liable to pay interest at 10% p.a. on the said sum of `5,000/-
4. In case of default to comply this order, the O.P. No.1 shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Complaint against opposite party No.2 is hereby dismissed.
6. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 16^th day of October 2015)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER