IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 29th day of October, 2019
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
C C No. 40/18 (filed on 05/03/2018)
Petitioner : Nandatmajan
S/o.Ramankutti,
Sreenivas House,
Vadayar P.O.
Thalayolapparambu,
VaikomP.O. Kottayam.
(Adv. Tigimol Jacob)
Vs.
Opposite Parties : 1) Kerala Water Authority,
Rep. by Managing Director,
Jalabhavan, Vellayambalam,
Thiruvananthapuram – 31.
2) Assistant Executive Engineer,
Kerala Water Authority,
Water Supply Project Sub Division,
Vaikom P.O. Pin – 686141.
(For Op and 2, Adv. K.M. George)
3) Kunjumon,
Kerala Water Authority,
Water, supply Project,
Sub division, Vaikom, Meter Reader.
O R D E R
Sri. Manulal V.S., President
The case of the complainant is as follows.
The complainant availed a domestic water connection from the 2nd opposite party on 22/09/2014. His consumer No. is 1789/D/TLP and consumer ID is 3272112736. On the date of connection itself the 2nd opposite party issued a provisional invoice card and fixed Rs.42/- as his bimonthly water charges. The complainant produced the water meter before the office of the 2nd opposite party and the 2nd opposite party fixed the water meter to the supply line of the complainant. After availing the service of the opposite parties, the complainant had remitted Rs.480/- vide receipt No.ME204998 and Rs.650/- vide receipt No.MENo.00021799/- and Rs.500/- vide receipt No.00053820 as advance payment to the water charges. Though the complainant had paid the water charges in advance, the opposite parties failed to supply water to the complainant as agreed. On 08/01/2018 the 2nd opposite party issued the bill to the complainant through the 3rd opposite party. In the said bill, the 2nd opposite party demanded to pay Rs.22,088/- as water charges. On receipt of the bill, the complainant had sent a letter to the 2nd opposite party stating that the bill was not correct and requested for the enquiry in the matter. But the 2nd opposite party without conducting any enquiry and taking any steps to redress the grievances of the complainant. On 15/02/2018 2nd opposite party sent a reply notice to the complainant stating that the bill was correct. Opposite party did not advice the complainant at the time of giving water connection to install an air filter in the supply line to avoid erroneous recording of the meter due to the air in the supply line. The opposite party neither took the water meter reading nor recorded the reading in the water meter card. They did not re-arrange the provisional invoice card whenever it is necessary. The opposite parties were negligent to assess the monthly consumption of the water by the complainant. The aforesaid act of the opposite party amounts to deficiency in service. The complainant has suffered much loss and sufferings due to the act of the deficiency in service from the opposite party.
Upon the notices from this Forum, opposite party 1 and 2 appeared before the Forum and filed joint version. The version of the opposite party is as follows. Opposite parties admitted that the complainant is a consumer of the opposite party. The complainant had furnished the number of the family members as 2 at the time of providing water connection. On the basis of that information, the monthly water charges of the complainant was fixed as 42. The said amount was fixed as temporarily and the bill was refixed according to the monthly consumption of the consumer. It was stated in the provisional invoice card issued to the complainant. During January 2015, the computerisation work of the office of the 2nd opposite party was started under E-Abacus. Before January 2015, the practice was to take meter reading in every month. The computerisation and E-abacus system provided bimonthly billing for all the consumers under the 2nd opposite party. The computerisation under E-abacus system of Thalayolaprambu Grama Panchayath has been completed on 13/12/2017. Thereafter there was no delay in recalculating bimonthly reading and issuance of the bill. After availing water connection on 22/09/2014, the complainant paid only Rs.1,699/- as water charges, Opposite party has issued the bill as per the water meter reading of the complainant. On receiving the complaint on 30/01/2018, the 2nd opposite party inspected the water connection of the complainant and it was found that the meter was working properly and he informed this to the complainant on 15/02/2018. It was found that the water meter of the complainant is working properly on the subsequent inspection also. The complainant did not avail any application in form No.RA3 or described any clause 17 (a) of the Water Supply Regulation. The complainant raised allegation of the air pressure due to the absence of the air filter is with the intention to mislead the Forum and thereby evade from the liability to remit the water charges. There is no allegation of the air filter in the supply line from the neighbour of the complainant, whose connections are in the same earth level of the complainant. If there is air filter in the supply line, the meter reading would be inadequate and very high. The water charge for 1,000litre is Rs.4/. The complainant is bound to pay the bill issued by the opposite party. There is no deficiency in service from the side of the opposite party.
The complainant filed proof affidavit in lieu of chief examination and Ext.A1 to A12 were marked. The 2nd opposite party filed proof affidavit and Ext.B1 to B3 were marked. On the evaluation of the complaint, version and evidence, we would like to frame the following points for consideration.
- Whether there is any deficiency in service?
- Relief and costs?
For the sake of convenience, we would like to consider Point No.1 and 2 together.
Point No.1 and 2
There is no dispute on the fact that the complainant had availed a domestic water connection from the 2nd opposite party on 22/09/2014 vide consumer no.1789/D/TLP and consumer ID is 3272112736. The 2nd opposite party has issued the Ext.A1 provisional invoice card and Ext.A2 water meter card to the complainant on 22/09/2014 itself. The water meter bearing No.21389 was purchased by the complainant it was fitted to the water connection of the complainant after the inspection by the 2nd opposite party. On 22/09/2014, the complainant remitted Rs.480 as advance to the water charges for the period of 10/2014 to 09/2015 @ Rs.42 per month. Thereafter on 20/01/2016, the complainant remitted Rs.650/- with the 2nd opposite party in advance to the water charges up to January 2017/-. These 2 payments were entered in Ext.A1. On 09/01/2017 the complainant paid Rs.500/- as advance water charges vide Ext.A4 bill. It is admitted by the opposite parties in Ext.A7 that the complainant had paid Rs.1,689/- towards the water charges. Though the water connection to the complainant was given on 22/09/2014, the opposite party did not record the water meter reading and issued the bill for the same till 08/01/2018. Opposite parties have issued the bill for the water charges after recording the water meter reading only on 08/01/2018. On receiving Ext.A5 bill the complainant has lodged Ext.A6 petition before the 2nd opposite party requesting the review of the Ext.A5 bill. As per Regulation 15 of the Water Authority (Water Supply) Regulation 1991, the complaints regarding the accuracy of the water charges demanded, shall be given a letter to the Assistant Executive Engineer within 20 days of the delivery of the bill or the receipt of the slab card. In this case, the complainant has lodged Ext.A6 complaint to the 2nd opposite party. In Ext.A7, the 2nd opposite party admitted that A6 was issued on the basis of the meter reading taken in 11/07/2017. The complainant deposed in the affidavit that the water meter reading was wrongly recorded due to the air pressure. On 25/08/2018, complainant filed
Ext.A8 petition seeking permission from the 2nd opposite party to install air valve before the water meter to check the actual consumption of the water.
On perusal of Ext.B3, water metre reading details of the complainant and Ext.A11 series we can see that the complainants consumption of the water was 57 kl for the period of 30/11/2017 to 10/01/2018, 54 kl for the period of 10/01/18 to 08/03/18, 64 kl for the period of 08/03/18 to 10/05/18, 22 kl for the period of 07/07/18 to 06/09/18 and 43 kl for the period of 06/09/18 to 04/11/18. On evaluation of Ext.B3, we can see that the complainant never used 44 kl of water per month prior to the installation of air valve. Regulation 13 of the Water Authority (Water Supply)1991 says;
- The water consumed at the premises of a consumer shall be assessed at such intervals as decided by the Executive Engineer from time to time, based on meter readings taken from the meter fixed to the house connection at the premises of the consumer.
- The Authority may also fix the monthly rate of water charges of a consumer based on his average consumption of water for any previous six months in the case of existing connections and based on the estimated consumption in the case of new connections and issue a provisional card in Form No. VIII indicating there in the amount of water charges payable by the consumer every month, the date of payment and the institution at which the amount is to be remitted. The charges so fixed shall be revised if the consumption of water at the premises of the consumer is found to have increased or decreased based on the observations of the meter readings taken in the subsequent six months to the last period. [Duplicate copy of Provisional Invoice Card/Meter Card or such record may be issued by the Authority for purposes of recording meter reading, billing and collection on request by the consumer, after charging a fee of Rs.10. Such duplicate copies hall be issued by the Assistant Executive Engineer concerned].
- The Authority may also introduce a slab system for collection of water charges. The slab so fixed shall be revised if the consumption of water at the premises of the consumer is found to have increased or decreased as the case may be, based on observations of the meter readings taken in the subsequent six months to the last period. The initial average rate for the first six months shall be fixed on the average consumption or metered average consumption of any six months proceedings the date of coming into force of the slab system.
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Admittedly the opposite parties issued A5 bill only 08/01/18.There can be no doubt about the fact that as per provisions of Regulation 13 of the Water Authority (Water Supply) Regulation 1991, Kerala Water Authority is bound to record the water meter reading at an interval of 6 months.From Ext.A5 bill and Ext.B3 reading register, it is clear that the meter reading was taken only on 13/11/17.And there after the next meter reading was taken on 10/01/18.We can see that the opposite party has not taken the water meter reading of the complainant for 22/09/14 to 13/11/17 ie. more than 2 years.We cannot accept the reason stated by the opposite party that the delay caused was due to the works of computerisation under E-abacus.We are in the opinion that the non recording of the water meter reading and non issuance of the water bill in accordance with law for more than 2 years would amount to deficiency in service.It is undisputed fact that complainant had consumed water from 22/09/2014 and he is liable to pay for the same.In this circumstance we allow the complaint in part and pass the following orders.
- We hereby set aside the bill No.32396047 dtd.08/01/18 issued by the opposite parties to the complainant and opposite party 1 and 2 are directed to issue water bill to the complainant in accordance with the provisions of law.
- Considering the circumstances and nature of the litigation, the compensation cost is not allowed.
Dictated to the Confidential Assistant, transcribed and typed by her,
corrected by me and pronounced in the Open Forum on this the 29th day of October, 2019.
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked on the side of the complainant
A1 : Provisional invoice card (consumer no.1789/TLP)
A2 : Water metre card
A3 : Receipt No.ME00021799 for Rs.650/-
A4 : Receipt No.ME00053820 for Rs.500/-
A5 : Demand disconnection notice dtd.08/01/18
A6 : copy of letter by complainant to opposite party
A7 : Reply letter dtd.15/02/18 by op to the complainant
A8 : Copy of letter dtd.25/05/18 by complainant to opposite party
A9 : Receipt dtd.23/05/18 by St.George Plumbing & Sanitary centre
A10 : Statement of water connection for the period of 10/08/18 to 31/08/18
A11series : Demand and disconnection notices (3 nos)
A12 :Receipt for Rs.480/- by opposite party
Exhibits marked on the side of opposite party
B1 : Approval by Assistant Executive Engineer
B2series : Consumer Ledger-Reading Details (4 nos.)
B3 : Consumer personal ledger (cons. No. TLP/1789/D)
Witness
Pw1 : Complainant
Dw1 : Assi M. Lukos
By Order
Senior Superintendent
