By Smt. Sreeja S. Member:
Complainant is a water consumer and opposite party is the Managing director of water Authority Jalabhavan Thiruvananthapuram. Second Opposite party is the Assistant executive engineer, water authority, water works sub division, Thrissur. The case of the complainant is that complainant is living alone and he has paid all those bills issued earlier. The complainant has been issued with a bill dated 20.02.18 for an amount of Rs.1,520/- it is alleged that there is no such consumption and the bill issued was erroneous. The subsequent bill is also issued for a higher amount and a complaint raised before 2nd opposite party on 24.02.18. As the same is not considered a written complaint dated 04.05.18 filed and also a lawyer notice issued. The second opposite party rejected the complaint and directed to pay the bill or else the water connection will be disconnected hence this complaint filed.
2. On receiving complaint, notice was properly served to the opposite parties. The opposite parties remained absent and set exparte. Thereafter the case posted for complainant’s evidence.
3. From the side of complainant, he appeared before the Forum and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced documents which are marked as Ext. P1 to P11. Ext. P1 series is the bills 6 in numbers, Ex.P2 is the challenged bill dated 20.02.18, Ext.P3 series is the bill issued in 7 numbers shows an exorbitant amount, in fact accumulating the arrears. Ext.P4 is the complaint dated 04.05.18 seeking correction of bills on the average consumption, Ext.P5 is the another complaint dated 17.09.18 along with its postal receipts, Ex.P6 is the reply to the complaint by opposite party, Ext.P7 is the reply to lawyer notice, Ext.P8 is the bill dated 14.06.19 for an amount of Rs.1,602/-, Ext.P9 is the bill dated 17.08.19 for an amount of Rs.1,650/- ,Ext.P10 is the receipt dated 05.10.19 issued by office of 2nd opposite party, Ext. P11 is the Mathrubhumi daily dated 31.08.19.
4. We have gone through the contents of the proof affidavit and documents produced by the complainant. Ext. P1 series shows a moderate regular consumption and Ex. P2 shows the same is for an exorbitant amount. Ext. P3 series shows that a higher amount due to accumulation of arrears. As per the order dated 1/6/19 the opposite parties are directed to accept all those bills leaving the disputed amount. Ext.P4 & P5 are the complaint raised before second opposite party and P6 is the reply to it. P7 is the reply to lawyer notice and P8 and P9 are also the subsequent bills and P10 is the receipt for the bill dated 17.08.19. Ext.P11 is the news item showing baseless demand for water bill by the 1st opposite party. On considering the evidence in its entirely the bills prior and subsequent were showing an exorbitant amount. As there is no contra evidence available before the forum, it is to be concluded that Ext.P2 shows an exorbitant amount. Ext.P3 series has already been considered by the interim order dated 01.06.19 and Ext.P9 confirms the compliance of the said order, the order is only to be made absolute and this Forum do so.
5. In the result complaint allowed, Ext.P2 stands cancelled and 2nd opposite parties are here by directed to accept P8,P9 bills for consumption charges alone relating to the period shown therein and the opposite parties are hereby restrained from disconnecting the water connection to the complainant in consequence to Ext. P2, P3 series P8 and P9 bills.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of December 2019
Sd/- Sd/- Sd/-
Sreeja S. Dr.K.Radhakrishnan Nair P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1-Series Bills (6 numbers)
Ex.P2 Challenged bill dated 20.02.18
Ext.P3-Series Bills (7 numbers)
Ext.P4 Complaint dated 04.05.18
Ext.P5 Another complaint dated 17.09.18
Ext.P6 Reply to the complaint by opposite party
Ext.P7 Reply to lawyer notice
Ext.P8 Bill dated 14.06.19 for an amount of Rs.1,602/-
Ext.P9 Bill dated 17.08.19 for an amount of Rs.1,650/-
Ext.P10 Receipt dated 05.10.19
Ext. P11 Mathrubhumi daily dated 31.08.19
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Member