Date of Filing:03.08.2022

Date of Disposal:20.05.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SMT.NANDINI.H.KUMBHAR, MEMBER

1. This complaint is filed by the complainant under section 35 of the C.P.Act, 2019 against the OPs alleging deficiency of service.

2.  The brief facts of the case is as follows:

The complainant was submitted application form for water supply and sanitary connection dt.26.11.2005 and paid sum of Rs.5,400/- towards GBWASB and other charges of Rs.2,890/-. After 12 years the OPs have given the connection on the reference No.RRNo.E327847-RR No.E-414101 and identity No.13287 dt.30.05.2017 and issued payment receipt dt.22.05.2017. After that the complainant was receiving minimum charges of bill till May 2020 and on 16.05.2020 without intimation or any requests from the complainant the OPs have changed the meter with additional charges of Rs.1,000/-. After installing the subsequent meter without consumption of water the meter was showing abnormal reading. Further the complainant having bore well facility in the building, consumption of water is very minimum. The complainant is using the bore well water for all domestic purpose and the cauvery water is using only for drinking purpose.

3. The complainant further submits that after changing the meter gradually the meter reading is increased, the complainant enquired OPs regarding meter reading on 08.07.2021, the OPs have agreed and reduced  the bill amount of Rs.15,000/- out of Rs.35,054/-. Accordingly, the complainant was paid Rs.15,000/- towards the said bill and OP have given the receipt for the payment and entire amount has been paid and no further amount pending as on date of 29.07.2021. Even after paying the bill amount similar bills have been receiving from OPs. the complainant requested OP2 to rectify the meter reading, even after receipt of the notice OPs  failed to rectify the problem. OPs are threatening the complainant and putting pressure to disconnect the water supply if not paid the amount of Rs.67,113/-. Due to said reason the complainant suffered mental agony and loss of money for the deficiency of service on the part of the OPs. The complainant has no other option to approach this Hon’ble commission to sought for the relief as prayed in the complaint.

4. Notice to the OP duly served, represented by counsel and filed their written  version and affidavit.

5. The complainant has also filed chief examination affidavit by reiterating the complaint allegations and also filed documents in support of their plea.

6. Heard arguments and matter is reserved for orders.

7. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

8. The findings on the above points are as under:

Point No.1               :       Affirmative

Point No.2               :       As per final order

REASONS

9. POINT NO.1:- The complainant was submitted application form for water supply and sanitary connection dt.26.11.2005 and paid sum of Rs.5,400/- towards GBWASB and other charges of Rs.2,890/-. After 12 years the OPs have given the connection on the reference No.RRNo.E327847-RR No.E-414101 and identity No.13287 dt.30.05.2017 and issued payment receipt dt.22.05.2017. After that the complainant was receiving minimum charges of bill till May 2020 and on 16.05.2020 without intimation or any requests from the complainant the OPs have changed the meter with additional charges of Rs.1,000/-. After installing the subsequent meter without consumption of water the meter was showing abnormal reading. Further the complainant having bore well facility in the building, consumption of water is very minimum. The complainant is using the bore well water for all domestic purpose and the Cauvery water is using only for drinking purpose.

10. The complainant further submits that after changing the meter gradually the meter reading is increased, the complainant enquired OPs regarding meter reading on 08.07.2021, the OPs have agreed and reduced  the bill amount of Rs.15,000/- out of Rs.35,054/-. Accordingly, the complainant was paid Rs.15,000/- towards the said bill and OP have given the receipt for the payment and entire amount has been paid and no further amount pending as on date of 29.07.2021. Even after paying the bill amount similar bills have been receiving from OPs. the complainant requested OP2 to rectify the meter reading, even after receipt of the notice OPs  failed to rectify the problem. OPs are threatening the complainant and putting pressure to disconnect the water supply if not paid the amount of Rs.67,113/-. Due to said reason the complainant suffered mental agony and loss of money for the deficiency of service on the part of the OPs. The complainant has no other option to approach this Hon’ble commission to sought for the relief as prayed in the complaint.

11. Notice to the OP duly served, represented by counsel and filed their written  version  and  denied complaint allegations and also denied deficiency in service on their part. The OPs submits that the complainant is a defaulter due to non-payment of bill. The water connection was disconnected on 10.06.2022. The OPs rightly issued the bill according to the BWSSB Act Rules & Regulations. Upto May 2022 the OPs have not issued any excess bill at any point of time. As per ledger report of October 2022 the outstanding amount of Rs.74,258/-. The complainant is a defaulter in payment of bill. The OP further submits that the complainant paid the charges for GBWASP not water connection and at that time there is no cauvery water supply facility from the OP at that area. There is no delay in sanctioned water connection. The complainant RR No.E-414101 and  one more RR No.327847 is of Mr.Raghavachari.V. which is no way  related to the complainant. The allegations made by the complainant is totally false and it is humbly submitted that there was no deficiency of service or negligence on the part of OPs and prays to dismiss the complaint.
12. The complainant also filed chief examination affidavit by reproducing the complaint averments and also produced payment proofs as a water bills. The OPs also filed chief-examination affidavit and also produced documents in support of their case. From the averments of the complainant and also documents produced by  both the parties, the commission observed that , the complainant is provided water supply connection from OP and the complainant has receiving normally the water bill towards consumption of water till 2020, but after changed the meter by OPs with additional charges of Rs.1,000/- towards subsequent meter showing abnormal reading. As per the complainant having bore well facility in the building and the consumption of water is very minimum. When the complainant requested OP to rectify the meter and abnormal reading but OPs failed to rectify the problem nor given satisfactory reason. By threatening the complainant to disconnect the water supply if amount of Rs.67,113/- not paid. Subsequently to the complaint, OP has replied that complainant is a defaulter in payment of bills and for non-payment of bills the OPs rightly cut-off water supply. The commission observed that the complainant has a borewell besides the BWSSB water and the cauvery water is using only for drinking purpose and the minimum charges of water bill paid till May 2020, but after 16.05.2020 the meter was showing abnormal reading. Quashing  the communication dt.22.07.2022 issued by the BWSSB/OP claiming an exorbitant bill of Rs.69,951/- from the complainant, the commission observed that the evidence and documents of the complainant remained unchallenged by the OP. The OP failedto take any action to rectify the meter, as the documents produced by OP ledger report the complainant has paid bill amount and not defaulter for paying bills till November 2020 and till then the OP had not made any demand for excess amount of water charges, but after installing  the subsequent meter without consumption of water, the meter was showing abnormal reading with additional charges every month.

13. In view of the above consideration, the issue raised by the complainant are prevail over by facts with supportive documents, which cannot be overlook. The complainant has got efficacious remedy. When such being the case the OP has failed to comply the answer as mentioned in his request letter. when the OPs have failed to comply the remedy as per their service on their part. Under these circumstances, the complainant has established the deficiency of service on the part of the OP. Even though the complainant has topay the water bill as he was paying every month. Considering all these fact the complaint has to pay the minimum 50% of water bill. Accordingly, we answer Point no.1 partly in the affirmative.

14. POINT NO.2:- In the result, for the forgoing reasons,  we passed the following:

                                     ORDER

1. The complaint filed by the Complainant U/s35 of the Consumer Protection Act, 2019 is hereby allowed in part.
2. OPsare  directed to restore the water connection to the complainant immediately by replacing the defective meter with new one after receiving deduction of 50% from original bill (i.e. Rs.34,976/-) from the complainant.
3. OPs are further directed to pay compensation of Rs.5,000/- towards deficiency of service and Rs.5,000/- towards cost of litigation to the complainant.

4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 20^thMay 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)         (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                  MEMBER

Witness examined on behalf of the complainant by way of affidavit:Sri Selvaraj-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit:Mohammed Mudassir-Who being the  Asst. Executive Engineer of OP.

Documents produced by the OP:

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*