IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 18274 of 2004(A) -------------------------- PETITIONER: ------------ G.RAMACHANDRAN, AGED 58 YEARS, S/O.R.GOPALA PILLAI, R/A. AT ETHANKUDY HOUSE, SOUTH VAZHAKKULAM, ALUVA - 5, ERNAKULAM DIST. BY ADV. SRI.P.V.VIJAYAKUMAR RESPONDENTS: ------------- 1. KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.SUB DIVISION, PARUMBAVOOR, ERNAKULAM DISTRICT. 4. THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PATTIMATTOM,ERNAKULAM DIST. BY ADV. SRI.BABU VARGHESE, SC, KWA FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON 27/05/2008 DELIVERED THE FOLLOWING: JUDGMENT Petitioner's counsel absent. The writ petition is dismissed for default. 27.5.2008. sd/- S.Siri Jagan, Judge. // True Copy // P.A To judge. V.K.MOHANAN, J. ---------------------------------------- W.P.C.No.18274 of 2004 -A ---------------------------------------- Dated, 25th day of June, 2009 JUDGMENT Petitioner is the consumer of the first respondent Water Authority vide consumer No.VKLM 366. His grievance is that the respondents have miserably failed to issue adjustment bill within the stipulated time as per Regulation 13 of the Kerala Water Authority (Water Supply) Regulations, 1991. According to the Petitioner, on a conjoint reading of Regulation 13(a) to (d), it is incumbent upon the respondents to issue adjustment bill in Form No.IX once in 6 months to the consumer indicating the excess or short remitted by the consumer. But Ext.P2 adjustment bill was issued only once, after the connection was effected to his premises. On the above ground, challenging Ext.P2, the petitioner approached this Court by filing this writ petition. 2. This Court, vide order dated 20.9.2004 in this writ petition, directed the petitioner to file a WPC 18274/04 -:2:- representation before the 2nd respondent and the 2nd respondent was directed to dispose of the same. Thus, the 2nd respondent has passed Ext.P5 order. According to the petitioner, the reasons stated in Ext.P5 is not acceptable and not in accordance with the provisions contained in the Regulation. Therefore, the petitioner challenges Ext.P5 in this writ petition. 3. The respondents have filed a counter affidavit in which it is stated that the petitioner has remitted water charge at the rate of Rs.17/- p.m. from 12/97 to 3/99 and at Rs.22/- p.m. 4/99 up to 1/2004. According to them, the above two rates were the provisional water charge for minimum consumption of 10000 liters per month. According to the counter affidavit, Ext.P2 bill dated 16.3.2004 for Rs.10,257/- was prepared on the basis of actual consumption of water arrived on the basis of meter reading of the petitioner/consumer. In the counter affidavit, break up details of the bill is given. It is stated in the counter affidavit that the petitioner had never raised WPC 18274/04 -:3:- any complaint regarding the serviceability of the meter. The meter reading could not be taken on every six months due to the shortage of meter readers. It is also stated that if the petitioner approached the water authority, reasonable instalment facility could have been allowed for the payment of the arrears bill. In the counter affidavit, it is stated by the respondents that there is no complaint in the meter and the consumption of water has been calculated on the basis of the meter reading. According to them, the reading of the meter as on 12.2.2004 is 3498 K.L, and on 11.6.2004 is 3536.2 KL. 4. I have hared the learned counsel for the petitioner as well as the Standing Counsel for the respondents. 5. The learned counsel for the petitioner invited my attention to Clause 13 of the above Regulation and submitted that the respondents have miserably failed to discharge the statutory obligation in issuing the adjustment bill within the time stipulated in the WPC 18274/04 -:4:- Regulation and, therefore, the belated demand cannot be honoured by the consumer. On the other hand, the Standing counsel for the Water Authority submitted that though in Ext.P2, the total amount was fixed and demanded as Rs.10257/-, the said amount has been reduced to Rs.9914/- as per Ext.P5 order which was issued by the 2nd respondent in compliance of the direction issued by this Court on 20.9.2004. It is the further submission of the Standing Counsel that the revised amount is the actual charge for the water consumed by the petitioner, who has no dispute regarding the quantity of water stated to have been used by the petitioner. 6. I have gone through Ext.P5, from which it can be seen that the 2nd respondent has excluded the penal amount which was demanded as per Ext.P2 and the liability of the petitioner is revised and fixed as Rs.9914/-, being the fair charge for the actual quantity of water consumed by the petitioner. On a perusal of Ext.P5, it is WPC 18274/04 -:5:- clear that the 2nd respondent was of the opinion that the meter reading could not be taken in time and the adjustment bill could not be issued as envisaged by the Rules. Therefore it is made clear in Ext.P5 that the meter reading of the petitioner will have to be taken by the field staff within duration not exceeding 6 months and additional bill if any is to be served. It is also directed that monthly water charges (PIC) shall be revised , if necessary, based on the consumption noticed on the next meter reading. It is also crystal clear that the 2nd respondent, while passing Ext.P5, had considered the financial stringency of the petitioner and, therefore, ten monthly instalments were allowed commencing from 11/2004, ie., (1x1004; 9x990). 7. In spite of the above directions and facilities granted by the 2d respondent, upon the representation filed by the petitioner, the counsel submitted that as per the Regulation cited above, the respondents are duty bound to issue the adjustment bills once in every six WPC 18274/04 -:6:- months and in the absence of such bill, the consumer is not liable to pay the amount. It is true that there is failure on the part of the staff of the respondents in taking the meter reading periodically and in issuing adjustment bills as envisaged by the Regulation. As correctly pointed out by the 2nd respondent, there is no provision in the Regulation which mandate that the amount covered by the adjustment bill which issued after the period of 6 months shall be waived. As per Ext.P5, it is clear that the only amount demanded from the petitioner is the amount towards the water charge which he actually consumed. Therefore, the request of the counsel for the petitioner cannot be entertained and no order can be issued to the respondents to waive the charge of the water actually consumed by the Petitioner. But at the same time , I have no hesitation to direct the respondents to see that adjust bills are issued within the time stipulated as per the Regulation and, if such bills are not issued within the statutory period, steps shall be taken against the WPC 18274/04 -:7:- defaulting officers and the loss if any sustained by the authority shall be realised from such defaulted officers/ staff of the Authority. 8. In the result, I find no merit in the contention raised in this writ petition. This writ petition is therefore disposed of subject to the above observation and the petitioner is granted time to remit the amount, as directed by the 2nd respondent as per the second condition contained in Ext.P5, but modifying the date, i.e., commencing from 8/2009. If the first instalment is not paid as directed, and if any default in paying the subsequent instalments is committed, the respondents are free to take steps towards the realisation of the amount so fixed and also the penal interest from the date of Ext.P5 order. The writ petition is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- WPC 18274/04 -:8:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..