IWK finally sends out notice of demand

[joker2107]

A couple of days back i got a letter dated 21-10-2002 from one Gurmit & Co, advocates & solicitors addressed to penghuni, my address. It begins Notice of demand outstanding charges due and owing to iwk sb. apparently i owe them rm528 as at 31-8-2002 which they want me to settle within 14 days otherwise (in red ink) we have our client's strict instruction to take all steps necessary for the recovery thereof, including commencing legal proceedings against you …

1. i'm interested to know if any of u also got such sheepish threats from iwk.

2. perhaps shali and other legal professionals can advise if such a notice can be issued to "Penghuni", no name.

3. if ever i have to go to court over this, i'm going to mesmerise iwk by demanding detailed statement of a/c, including every penny i paid to them thru the developers during the period when iwk charges was incorporated into the water bill. far as i remember these payments are supposed to be credited to my account for charges effective the date the flat rate (rm8 per month for connected services) came into force. b4 that date, all iwk charges were supposed to have had been cancelled.

4. i will also raise the constitutionality of such charges on the premise that the services rendered were formally within the purview of the local council and paid for thru the assessment they collect, but since iwk took over the job the local council has not reduced an appropriate amount off their assessment bill. therefore there is double billing. local councils are still paying alam flora despite the so called privatisation of solid waste collection so what are they doing with the sewage monies we pay them?

5. there is also preposterous miscarriage of justice and cross subsidising as i have to pay the same amount although my monthly water consumption is slightly more than 15 m3 compared against the majority of my neighbours who frequently exceed 50 m3 in the same time.

anybody got any more worthy arguments or experiences? pray do share with us here.

[sinleong]

i received it as well. I just ignore it.

[patrick]

Joker, the other point you could also raise is the fact that there was no contract ever signed between you and IWK unlike the other utilities like water and electrcity. Can it be legally binding without a proper contract to 'buy'?

Worse case scenario, ask IWK to justify the billing between a household with a small family and a household with many family members. How do they justify the same billing amount. That to me is the biggest bone of contention.

If any of you are really taken to court, I feel all members of the community should come out to contribute towards the cost of your legal battle because it would be the test case for a precedent. As I have said before, I for one hereby pledge to contribute to such a fund for the first person from our community taken to court.

All the best.

[kwchang]

I remember when they first started, consumers were charged according to the household water bill. This made a lot of sense because if more water was used, then there will be more dirt washed into the sewers (do remember that household water, especially from the kitchen, cannot be washed to the open drains but must go to the sewer).

Then some smartie pants changed the rules to a 'simple' flat rate for different categories of residence or building type. So if the house is unoccupied, the owner still get charged some fixed amount, even if there is zero waste-water coming from that house.

[CCY]

They don't do their homework of getting my name right . Am I to pay for the someone that I never met or under a general 'penghuni' ?

[sinleong]

i would like to share with you the following response I received from IWK:

----- Original Message -----
From: "Amin Lin Abdullah"
To:
Cc: "Shahrulbariah Shaari"
Sent: Monday, August 12, 2002 10:03 AM
Subject: AMPANG SHOP


> We suggest you contact Cik Shahrulbariah Shaari at Tel.03-27311269 to
> discuss the payment arrangements ASAP.
>
> On the agreement with IWK, we are pleased to inform you that the Government,
> on behalf of all Malaysians, signed an agreement with IWK to provide
> sewerage services.
>

If there is no water usage or supply, kindly provide us documentary evidence
such as letter fr. the water dept on the termintaion of water supply or
water statement of account showing NIL water usage. Please direct it to :
The Customer Relations Department, 41st Floor, Empire Tower, 182, Jalan Tun
Razak, 50400 Kuala Lumpur or Fax : 03-21635954 (Please quote your sewerage
a/c no. of the documents)

On yr. enquiry about the agreement, the sewerage services have no
comparison. Briefly, SEWAGE, which is a waste product or substance can cause
serious health hazard, if not managed safely and systematically. Hence, the
Government has assumed the responsibility to ensure that the "sewage" is
managed safely and systematically. It is a matter of national interest for
the benefit of all Malaysians.


----- Original Message -----
From: "Amin Lin Abdullah"
To: "'Sin Leong Ng'"
Sent: Friday, August 16, 2002 8:21 AM
Subject: RE: AMPANG SHOP


>
> All sewage treatment plants were constructed by the housing developer and a
> few by State Government with practically NO maintenance works. The Federal
> Government, as a matter of national interest and in line with Vision 20202,
> has to appoint a licensed sewerage services contractor (IWK) to operate and
> maintain the plants, which were in dilapidated condition, and allow IWK to
> bill and collect the charges for sewerage services rendered.
>
> There was "no additional charge", before the appointment of IWK, because
> there was practically no (maintenance) work done to ensure that the plants
> were/are working efficiently. The charges imposed were mainly responsive
> fees for work performed on a need basis, mainly for clearing of blockages at
> overflowing manholes/inspection chambers or desludging works of overflowing
> septic tanks.
>
> We thank you for your understanding and look forward to your early
> settlement of the charges for sewerage services rendered to your premises.
>
> Regards.