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S.C.MOHAPATRA, R.N.PANIGRAHI, J.PATNAIK
ASSTT. ENGINEER, P. H. RENT SUBDIVISION – Appellant
Versus
BIDYASAGAR SHAW – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Mr. Debasis Das, Addl. Standing Counsel.
For the Respondent: In person.

ORDER

Mr. Justice, S.C. Mohapatra, President — Opposite party is appellant in this appeal.

2. Undisputably complainant a consumer of water supply by opposite party. In 1968, water supply connection was given on approved plan. Charges for water supply were required to be paid on meter reading. Meter became defective for some time. When a demand of more than Rs. 9,000/- was served on complainant this complaint was filed on 28.3.1991.

3. Case of opposite party is that water connection plan was sanctioned in favour of Gopal father of complainant since 1968. Consumer was paying the charges on the basis of meter reading up to April, 1972. Since May, 1972 to January, 1973 meter was out of order and in February, 1973 only it was repaired to function which continued up to June, 1973. On the basis of actual meter reading amount was calculated to be Rs. 58/- and average monthly consumption was Rs. 11.60 per month. From May, 1972 to January, 1973 complainant was to pay at the rate of Rs. 11.60 per month. From August, 1973 the meter was out of order till end of December, 1979 and on the same average consumption complainant was to pay. Meter was replaced in January, 1980 and functioned till January













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