IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 28th day of February, 2018
Filed on 27.07.2017
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.201/2017
between
Complainant:- Opposite Party:-
Sri. Bineesh.S 1. Asst. Executive Engineer
Satheesh Bhavan Kerala Water Authority
Eramalloor.P.O Cherthala
Cherthala-688537
2. Executive Engineer
Kerala Water Authority
Alappuzha
(By Adv. Joseph Mathew for opp. parties)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant took water connection from the opposite party and the consumer No is EZP/2887/D. On 24/12/16 he got a bill for Rs. 9,984/-. After receiving the bill he filed a complaint before the opposite party. Thereafter on June 17 he got another bill of Rs. 19,083/- . Complainant has been paying water charge regularly at minimum rate of Rs.67/- month. The opposite party has no right to demand said amount from the complainant. Alleging deficiency in service on the part of the opposite party the complaint is filed.
2. Version of the opposite party is as follows:-
Complainant has been remitted water charge at the rate of 67 per month up to 17/2/ 2016. The water has been given on 27/6/2014 opposite party has taken meter reading on 29/8/2016. As per average consumption of water is 39.98 kl.Ltr. Hence opposite party issued a bill for Rs. 9,984/- there after the opposite party has taken meter reading on 28/2/2017 and issued bill for Rs. 15,453/-. There is no deficiency in service on the part of the opposite party.
3. Complainants wife was examined as PW1 documents produced were marked as Ext.A1 and Ext.A2 series. The opposite party filed detailed statement of usage of water by the complainant.
4. The points for consideration are:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) If so the reliefs and costs?
5. It is an admitted fact that the complainant is a consumer of water in No. EZP/2887/D. It is also an admitted fact that complainant remitted water charges at the rate of Rs. 67/- per month up to 17/2/2016. According to the complainant on 24/12/2016 he got a bill for Rs. 9,984/- and another bill on 23/06/2017 for Rs. 19,083/- and opposite party has no right to issue such bill. Opposite party filed version stating that they issued the bill on the basis of the assessment taken as per the meter reading. Complainant submitted before the Forum that after receiving the bill they filed complaint before the opposite party, but since there was no result, she closed the valve of the tank and sometimes only she will open it and as a result the meter reading shows less consumption of water. The statement produced by the opposite party also shows that as per the reading taken on 28/2/2017 the usage was 12.5Kl.ltr and the reading on 30/10/17 shows the usage was 13.5 Kl.ltr. During the argument stage opposite party is willing to settle the matter. The diminishing rate of consumption of water shows that the high rate of meter reading on 28/2/2017 is due to the pressure of the air. Hence we are of opinion that the opposite party is not entitled to issue a bill dated 23/6/2017 for Rs. 19,081/- and the same is set aside. It has come out in evidence that the complainant was using water throughout the period and hence opposite party is directed to issue the fresh bill for water charge at the prevailing rate.
In the result we passed the following order:-
The bill dated 23/6/2017 for Rs.19,081/- (Rupees nineteen thousand and eighty one only) is set aside with a direction to issue fresh bill for the arrears of water charge calculated at the prevailing rate taken average consumption as 13.5 K.L per month. Since primary relief is allowed the further relief for cost and compensation is not allowed. The order shall be complied within one month from the date of the receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 28th day of February, 2018.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Rejitha Bineesh (Witness)
Ext.A1 - Authorization letter
Ext.A2 series - Water Authority Bills
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by: - Br/-
Compared by:-
