Kerala

Alappuzha

CC/54/2017

Smt.Lalitha Bhai - Complainant(s)

Versus

Asst.Executive Engineer - Opp.Party(s)

30 Jun 2017

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Pazhaveedu P.O., Alappuzha
 
Complaint Case No. CC/54/2017
 
1. Smt.Lalitha Bhai
Aged 65 W/o M.O.Pushpangadan, Mulanthala Bhavan, Chirakkadavam, Kayamkulam.P.O.
...........Complainant(s)
Versus
1. Asst.Executive Engineer
P.H.Sub Division, K.W.A,Kayamkulam
2. Managing Director
Jala Bhavan, Thiruvananthapuram
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Elizabeth George PRESIDENT
 HON'BLE MRS. Jasmine. D. MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Jun 2017
Final Order / Judgement

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 30th day of June, 2017.

Filed on 20/02/2016

Present

1.    Smt. Elizabeth George, President 

2.    Smt. Jasmine.D. (Member)                    in

  C.C.No.54/2017

                                                              between

Complainant:-                                                    Opposite Parties:-

Smt. Lalitha Bhai                                          1.       Asst.Exe.Engineer,

W/o.M.O Pushpangadan                                        PH.Sub Division

Mulanthala Bhavan,                                                K.W.A.Kayamkulam

Chirakkadavam.                                            2.       Managing Director,KWA

Kayamkulam PO                                                    Jala Bhavan,

                                                                             Thiruvananthapuram.

 

O R D E R

SMT ELIZABETH GEORGE ( PRESIDENT)

          The case of the complainant is as follows:-

Complainant is the consumer of the Water Authority having water connection vide consumer No. is KIII-512.  The complainant had been remitting water charges regularly without any default.  While so on 18/1/17 when she went to pay the water charges she was asked to pay Rs.18839/- towards due amount.  When she filed complaint about it she was again asked to pay Rs.16839/- and opposite party refused to accept the water charge for the year 2016.  Complainant is a senior citizen and is living alone in her house.  There is no justification in the demand by the opposite party.  Alleging unfair trade practice on the part of the opposite parties the complaint is filed.

2. Notice issued to the opposite parties served, but they did not turn up.  Hence the opposite parties 1 and 2 were set expartee.

3. Complainant filed proof affidavit along with 7 receipts issued by the opposite parties which marked as Ext.A1 to A7.

4. Points for considerations are:

          1) Whether there is any deficiency in service on the part of opposite parties?

          2) If so the reliefs and costs?

 

5. According to the complainant she had been remitting water charges regularly without any default.  In order to prove that she has produced receipts issued by the opposite party till 12/10/2015 and it marked as Ext.A1 to A7.  The allegation of the complainant is that when she went to pay the water charges for the year 2016 the opposite party did not accept it and she was asked remit to Rs. 16839/- towards arrears.  More over when the complainant demanded to show the documents in support of their claim, they did not produce it.  The notices issued against the opposite parties from this Forum were served but they did not file any objection regarding the allegation of the complainant.  The affidavit filed by the complainant is not challenged by the opposite parties.   It is quite natural that the consumer who pays her water charge without default when asked to pay a huge amount towards arrears was shocking to her.   Opposite party failed to issue a notice to the complainant showing the details of the due amount.  In this context this Forum is inclined to mention that opposite party being an instrumentality of the state meant for rendering essential service to the public have much more responsibility to the consumers.  They should have take meter reading regularly and have issue a bill for the water charges to the complainant.  The failure on the part of the opposite parties in taking the meter reading regularly and issuing the bill to the complainant amounts to defect and deficiency in service.

          In the result complaint is allowed.  The opposite parties are directed to receive the water charge for the year 2016 which the complainant is willing to pay. They are further directed to issue the fresh bill for water actually consumed by the complainant,  after taking meter reading for the further periods.  Since the primary relief is allowed, no further relief allowed as to cost and compensation.

The Order shall be complied within one month from the date of receipt of this order.

          Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in the open Forum on this the 30th day of June, 2017.

Sd/- Smt. Elizabeth George (President)                                                                           

                                                            Sd/-      Smt. Jasmine.D (Member)

Appendix

Evidence of the complainant:

Ext.A1-Receipt dtd 27/3/12

Ext.A2-Receipt dtd 28/01/13

Ext.A3-Receipt dtd 20/9/13

Ext.A4-Receipt dtd 20/9/13

Ext.A5-Receipt dtd 10/9/13

Ext.A6-Receipt dtd28/10/14

Ext.A7-Receipt dtd12/10/15

Evidence of the opposite parties: Nil

 

//True Copy//

 

By Order

 

                                                                                                                                                                                     Senior Superintendent

 
 
[HON'BLE MRS. Elizabeth George]
PRESIDENT
 
[HON'BLE MRS. Jasmine. D.]
MEMBER

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