Decided on May 31,2010

Asst. Executive Engineer, P.H. Division Appellant
C.Subaida Respondents


SMT.VALSALA SARANGADHARAN, MEMBER - (1.)THE above appeal is preferred from the order dated 7.4.09 in CC. 204/06 of CDRF, Kannur. The complaint was filed by the respondent herein as complainant against the appellants as opposite parties seeking for cancellation of Ext. A2 bill for Rs. 19772/ - with compensation and costs. The Lower forum thereby allowed the complaint and cancelled the disputed bill and directed the opposite party to pay Rs. 250/ - as costs to the complainant. Aggrieved by the said order, the present appeal is preferred by the opposite parties.
(2.)THE case of the complainant is that she is a consumer of the opposite parties and was paying water charges as per provisional invoice card. But the opposite parties issued a bill for Rs. 19772/ - as arrears due from 26.6.03 to 10.4.06. According to the complainant, the bill was issued without any basis and without taking the meter reading in time. Moreover, as adjustment has to be issued in every 6 months and this was not done by the opposite parties. Hence alleging deficiency in service on the part of the opposite parties she filed complaint before the forum seeking for cancellation of the bill issued by the opposite parties.
(3.)THE first opposite party filed version and contended that the arrear bill was issued based on the consumption of excess water by the complainant in addition to the charges paid by her as per Provisional Invoice Card at the rate of 152 per month. Thus, they prayed for dismissal of the complaint.
We heard the learned counsel for the appellants/opposite parties and respondent/complainant. The learned counsel for the appellants submitted that the bill was issued for the water actually consumed by the complainant and on the basis of the readings recorded in the meter and the complainant is bound to pay for the water actually consumed. There is no deficiency in service on their part and requested for setting aside the impugned order passed by the forum below.

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