State Consumer Disputes Redressal Commission
B.G.Sathya Murthy vs M/S Bwssb on 1 April, 2022
1
Appeal No.75/2021
Date of Filing : 27.01.2021
Date of Disposal :01.04.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 01.04.2022
PRESENT
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT
Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER
Mrs. DIVYASHREE M : LADY MEMBER
APPEAL NO.75/2021
Sri.B.G Sathyamurthy,
S/o Late B.K Guru Rao,
Aged about 81 years,
#53/4, W 23rd Cross,
Someshwara Layout,
Hulimavu,
Behind Kempamma Temple,
Bannerghatta Road,
Bangalore - 560076.
.....Appellant/s
(Advocate - Sri.C.R
Venkataram)
V/s
1) M/s. BWSSB Bangalore
Water Supply & Sewerage
Board,
Water Utility Company,
Cauvery Bhavan,
2nd Floor, K.G Road,
Bengaluru - 560 009.
2
Appeal No.75/2021
Date of Filing : 27.01.2021
Date of Disposal :01.04.2022
Represented by its Chairman
Sri.Jayaram.
2) The Assistant Executive
Engineer,
Sub Division, South West,
BWSSB, 4th 'T' Block,
Jayanagar,
Bengaluru - 560041.
3) Karnataka Urban Water
Supply and Drainage Board,
Jalabhavan, 1st Stage,
1st Phase, BTM Layout,
Bannerghatta Road,
Bengaluru - 560029.
Represented by its Secretary. .....Respondent/s
Advocate for R-1 & 2 - Sri.M
Byregowda.
ORDER
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT This is an appeal filed U/s.41 of C.P Act, 2019 by the complainant against the order dated 02.12.2020 passed in Complaint No.829/2018 by Bangalore I Additional District Consumer Disputes Redressal Commission, Bangalore.
3 Appeal No.75/2021Date of Filing : 27.01.2021 Date of Disposal :01.04.2022
2. The District Commission has dismissed the complaint on the ground that the complainant has not produced any evidence with regard to improper function of meter for water consumption of 1,40,000 in the month of February 2017.
3. Aggrieved by this order, complainant is in appeal. In the appeal memo the Appellant has taken a ground that the OPs have forcibly collected the amount based on the demand bill raised for the month of January 2017, Rs.271/- and demanded payment for February 2017, Rs.6,329/- and same was continued to the month of March 2017 for Rs.8,094/- and the reason identified is faulty meter reading which was prior to defect 62,500 Ltrs whereas the bill raised for February 2017 was reflecting reading through defective meter reading was 6,65,000/- Ltrs. Again demanded bill during February 2018 was for Rs.12,287/- since defective meter was replaced with new Meter during February 2018 and thereafter in the month of March 2018 demanded bill for Rs.444/-. Therefore Appellant paid Rs.23,600/- in place of Rs.8,400/- and contended that, the District Commission failed to consider the facts submitted by the Appellant.
4. Heard the counsel for Appellant. None appears for the Respondents and arguments of the Respondents is taken as heard.
4 Appeal No.75/2021Date of Filing : 27.01.2021 Date of Disposal :01.04.2022
5. Perused the records and impugned order.
6. The District Commission has recorded in para-18 of the impugned order that since 2013 to February 2017 alleged water meter was functioning properly and complainant did not have any complaint regarding the said meter and on the request of complainant, OPs installed new meter in place of old meter in the month of October 2017 and then also complainant did not have any objection regarding function of new meter. The allegations of complainant regarding meter not recording proper reading do not survive as to the consumption of water in month of November 2017. However OP No.1 and 2 filed meter testing report pertaining to the R.R. No.S-202776 wherein meter testing centre of BWSSB reports that the said meter was tested on 04.09.2019 and the performance of meter is not satisfactory and also states that the test results are pertains to only at the time of testing which makes clear that the performance was improper at the time of testing but the report has not disclosed the details of meter function during the disputed period.
7. Thus contention of the Appellant/complainant that the OPs have raised the bills for the month of January 2017, February 2017 and March 2017 are fabricated one. In such circumstances Commission is of the view that, the matter requires to be remanded to the District Commission to 5 Appeal No.75/2021 Date of Filing : 27.01.2021 Date of Disposal :01.04.2022 reconsider the case afresh by affording an opportunity to the Appellant/complainant to adduce evidence if any, with regard to disputed bills to prove his case and District Commission after look into the documents dispose of the matter within 3 months from the date of receipt of this order.
8. Provide copy of this order to the District Commission as well as parties to the appeal.
MEMBER JUDICIAL MEMBER PRESIDENT vln*