Judgment No. SC 54/2018
Case No. SC 228/14
abode or business. The account also serves as notice of possible disconnection in the event
that it is not paid by the due date.
Should the consumer wish to question or dispute the account so received,
he is entitled to demand that the meter be tested, by giving written notice to the Council
within seven days of receipt of his account and paying the deposit fixed by the Council.
The latter is then obligated to test the meter. If the meter is found to be correct, the
consumer forfeits the deposit that he has paid. If the meter is found to be incorrect, the
Council must install a new meter and refund the sum deposited.
Quite apart from the above scenario, where a meter is found to be out of
order or incorrect at any time, the Council must repair or replace the meter as soon as
possible. The quantity of water to be paid for by the consumer concerned is then estimated
on the basis of his previous or subsequent consumption, depending on the circumstances
of each case.
In either scenario, the power conferred upon the Council to disconnect water
supply upon 24 hours’ written notice may only be invoked as the final resort. Furthermore,
the opinion of the Council as to whether the consumer has failed to pay any sum due is not
purely subjective. It is qualified and conditioned by the prior delivery of an account and
the possibility of that account being challenged by the consumer and then rectified if the
meter in question is found to be faulty or defective. In short, the Bye-laws provide for a
dispute resolution mechanism that precedes the possible penalty of disconnection. Thus,
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