IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

Saturday the 26^th  day of February, 2022.

                                      Filed on 24-06-2021

Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.110/2021

between

ORDER

C.K.LEKHAMMA(MEMBER)

            Brief facts of the complainants case is as follows:-

          The brief facts of the complaint are as follows:-

The case advanced by the complainant is that he is a consumer of the opposite party and has taken water connection in the year of 4/2008 and issued provisional invoice card. On 26.5.2008 complainant was remitted water charges in advance for the period of 4/2008 to 9/2008. Thereafter he was remitting water charges as per the water bills issued by the opposite party from time to time. But last three years he was unable to visit the premises, where the water connection is situating. On 22.2.2021  a notice was received from the opposite party stating that if the complainant is failed to pay Rs.24,496/-towards the arrear of water charges the water connection would be disconnected. The complainant has requested to the opposite party for avoiding said levy from him. Further opposite party informed him on 23.4.2021 that his application was considered in the Adalath and the arrear was reduced to Rs.21,529/-and the said amount is to be paid within the stipulated time otherwise they would initiate necessary actions. According to the complainant the opposite party did not intimate him about the Adalath and not reveal under what basis they have calculated the arrear.  Moreover, opposite party did not mention the data with respect to the calculations of arrears in their demand notice. Consequently, this complaint was filed for directing the opposite party to refrain from recovery proceedings initiated against the complainant.

2. Version of the opposite party, in short, is as follows:-

Opposite party resisted the allegation and contended that the complainant did not pay water charges after the payment of 26.5 2008, hence the water charges for 13 years is remained unpaid. Therefore the disconnection has been done only after duly served notice to the complainant. As per provisional invoice card the tariff for non-domestic water connection for the monthly charge was fixed at Rs.125. The rate of water charge was increased on 10/2014and fixed the minimum charge as Rs.200/-.So the minimum rate of water charge was fixed from 10/2014 is 200+2(Meter inspection). Intimation about the Adalath has been informed to the complainant unfortunately, it could not possible to conduct as per the intimation due to the covid 19 situation. Thereafter, the Adalath was conducted after considering the restrictions of covid 19 and was considered the complainant's application. The arrear has already been calculated after avoiding surcharge and fine hence it is not possible for further reduction of amount in Adalath

        3. On the above pleadings following points were raised for consideration:-

         1. Whether the complainant is entitled to get any relief from the opposite party?.

          2. Relief and costs if any?.

 4. Evidence, in this case, consists of the oral evidence of PW1 and Ext.A1 and A2 were marked from the side of the complainant and the oral evidence of RW1 and documentary evidence Ext.B1 and B2 were marked from the side of the opposite party.

5. Point No.1

     PW1 is a consumer of the opposite party. The non-domestic water connection was taken in the year 4/2008 and issued Ext.A2 Provisional Invoice card. As per Ext.A1 receipt dt.26.5 2008 the complainant had paid Rs.682/-for 4/2008 to 9/2008. The allegation is that the notice dated. 22.2.2021 and 23.4.2021 was issued by the opposite party demanding to pay arrears of water charges as Rs.24,496/- and Rs.21,529/- respectively, otherwise they would initiate further actions against him. The complainant challenged said Notice and he has produced the same along with the complaint but did not mark in evidence. He pleaded that the said notices did not have the period for claiming water charges and the statement of calculation. During cross-examination PW1, the complainant deposed that he does not pay any towards the water charges after 26.5.2008 since he is under the impression that the said water connection has been disconnected. Further adds that he did not take any steps for permanent disconnection and did not pay any prescribed fees for the disconnection. But he has pleaded in his complaint that the water charges have been remitted as per bills issued by the opposite party from time to time except for the last three years, he could not remit the water charges due to various reasons. On perusal of Ext.B1, the consumer personal ledger revealed that from the period between 6.4.2008, the date of taken water connection, up to 22. 2. 2021 the meter reading has not been recorded. It appears that the first notice dt.22.2.2021 showing arrear for Rs.24,496/- was issued to the complainant. The said notice was produced by the complainant as well as the opposite party, another notice dt. 23.4.2021 was issued for Rs.21,529/- by the opposite party, after the findings in Adalath to the complainant was produced along with the complaint.

Opposite party contended that after the remittances of  water bill as per Ext.A1 the complainant didn’t remit any water charge. So it is clear that the opposite party has demanded arrears of water charges from 2008 onwards. Seemingly, the demand for arrears is without considering the period of limitation and without the support of reading for actual consumption of water.  Moreover, the water authority has no right to demand any amount as arrears beyond 3 years, the period of limitation.  In other words the water authority had lost sight of Limitation Act which barred due prior to 3 years.  Therefore, the complainant is liable to pay the remaining arrears of water charges from 2019 onwards and the opposite party has to issue fresh bill as per existing law since the complainant did not take any steps to disconnect the water connection. So the opposite party has every right to collect the amount legally entitled to them. The complainant is entitled to get costs of the proceedings since we found that the opposite party pushes the complainant into unnecessary litigation.

Point no.2

Accordingly, the complaint stands allowed in part as follows:-

1. The opposite party shall issue fresh water bill to the complainant from 2019 onwards as per the prevailing law. In that event, complainant is liable to pay the bill amount towards water charges to the opposite party. The opposite party is also liable to pay Rs. 1000/-as litigation cost to the complainant. The said amount can be set off from the arrear of water charges.

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

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 26^thday of February, 2022

                                                Sd/-Smt. C.K.Lekhamma (Member)

                                                Sd/-Sri.S.Santhosh Kumar (President)

Appendix:

Evidence of the complainant:-

PWI            -        Dally K.R. (Witness)

Ext.A1        -        Receipt dtd. 26-05-2008

Ext.A2        -        Provisional Invoice Card

Evidence of the opposite parties :-

RWI            -        Jayaorakash V. (Witness)

Ext. B1       -        Consumer Personal Ledger

Ext. B2       -        Consumer Personal Ledger

///True Copy ///

To        

            Complainant/Oppo. party/S.F.

                                                                                                                           By Order

                                                                                                                    Assistant Registrar

Typed by:- Sa/-

Compared by:-