MCD delhi

adv.singhadv.singh Senior Member
edited February 2014 in Government Department
Appeal No. FA-09/339

(Arising out of Order dated 14-11-2008 passed by the District Consumer Forum(III), 150-151, Community Centre, C-Block, Janakpuri, New Delhi in Case No. 539/2008)





The Chairman, MCD … Appellant

Delhi Safai Karamchari Through

Co-operative T.C. Society, Mr. Raman Mishra,

WZ-134, Mandir Wali Gali, Advocate

Shadipur, New Delhi.



Versus



1. Sh. Nanga Ram … Respondent-1

S/o Sh. Nanha Ram



2. Smt. Shakuntla … Respondent-2

W/o Sh. Nanga Ram

R/o Jhuggi No. W-06/R/013,

Block-E, Munshi Bagh,

New Ranjeet Nagar,

New Delhi.



CORAM



Justice Barkat Ali Zaidi … President

Mr. M.L. Sahni … Member





1. Whether Reporters of local newspapers be allowed to see the judgment?

2. To be referred to the Reporter or not?



Justice Barkat Ali Zaidi(Oral)

1. The District Forum-III, New Delhi in Complaint Case No. 539/08 filed by the complainants Sh. Nanga Ram and Smt. Shakuntla against the appellant-OP, vide order dated 14.11.08 has directed the OP-Cooperative Society to supply the status of accounts to the complainants and to pay a compensation of Rs. 3,000/- to each of them.

2. The OP appellant has therefore come in appeal before this Commission.

3. Since the appeal was filed beyond the prescribed limitation, the appellant has filed an application for condonation of delay.

4. We have heard Sh. Raman Mishra, counsel for the appellant on this application.

5. His contention is that the proceedings in the complaint were exparte against the OP and therefore the appellant had no knowledge of those proceedings. He came to know about the order for the first time, when the Police went to him with a warrant against him. He thereafter applied for a certified copy of the order which was obtained on or about 30.04.09 and the appeal was filed. He submitted that there is nothing to show and suggest that the appellant has been negligent in filing the appeal.

6. We do not find any substance in the submission of the counsel.

7. The appellant has not disclosed in his application on which date the Police went to him with the warrant and when he had applied for the certified copy. The order was passed on 14.11.08 and the appeal was preferred on 13.05.09. The appellant has not given even his affidavit in support of this delay condonation application. No reasonable explanation has therefore comeforth to explain the delay involved in filing the appeal. The application is therefore dismissed with the result the appeal being not maintainable by the bar of the delay is therefore dismissed.

8. Bank Guarantee/FDR, if any furnished by the appellant, be returned forthwith.

9. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record room.

10. Announced on 6th day of November, 2009.

Comments

  • adv.singhadv.singh Senior Member
    edited January 2010
    (Appeal against the order dated 03.06.2008 passed by District Forum-III m Janakpuri, in complaint case no. 476/2007)

    R.P. Gupta,

    EA-178, Tagore Garden,

    New Delhi-27.
    …..Appellant/Complainant.

    VS

    Dy. Commissioner,

    MCD Rajori Garden,

    New Delhi-27.

    The Director ,

    CSD, MCD, West Zone,

    Rajori Garden,

    New Delh.

    ……Respondents/OPs.
    CORAM

    Justice Barkat Ali Zaidi, President.

    M.L. Sahni, Member



    1. Whether reporters of local newspaper be allowed to see the

    judgment?



    2. To be referred to the reporter or not?

    `

    M.L. SAHNI, MEMBER



    1. This appeal by the complainant is directed against the order dated 3.6.2008 of the District Forum III, Janakpuri, New Delhi, whereby, allowing the complaint case no. 476/07 the Ld. District Forum awarded compensation of Rs. 3,000/- as cost of harassment caused to the complainant/Appellant.

    2. Dissatisfied with the amount of compensation, present appeal has been preferred praying for following relief :-

    i. The order of the District Forum may be modified by increasing the compensation from Rs. 3,000/- (three thousand) to Rs. 1,00,000( One lakh)

    ii. The rent of the hall ought to be Rs. 300/- per day as it was originally fixed.

    iii. Outsider ought to be not allowed for the use of the hall and direction may be given to keep the voice of the loudspeaker low and must be closed before 11 p.m. this must be the responsibility of the person of the MCD who is in charge of the community hall.



    3. Copy of original complaint filed before the District Forum is not furnished by the complainant. While admitting the appeal, this Commission had observed vide order dated 16.7.2008 that in spite of the Respondent (OP) having been held guilty for not keeping the Community Hall booked by the Appellant clean , toilets were sinking and overall condition was so dirty that the guests of the Appellant had to leave the function hosted by him, without partaking foods, the compensation awarded appeared to be too meager. The appeal , thus was admitted only on the point of inadequacy of compensation. Hence other relief asked for in this appeal deserve no consideration. We therefore, have to confine ourselves only to ascertain if the impugned order needs modification to the extent of adequacy of compensation.

    4. Facts of the case, briefly stated, inter-alia are that Appellant /complainant booked a Community Hall at Tagore Garden, New Delhi for 20.1.2007 , by depositing a sum of Rs. 5,000/- with the Respondent/OP as security, which later on was refunded, deducting Rs. 25/-. The Appellant accepted the refund under protest. Besides the grievance that earlier rent for the Hall was Rs. 300/- per day, but later on it was increased to Rs. 5,000/-, which required to be scraped. Appellant also complained that OPs/Respondents have not kept the Community Hall neat and clean inspite of the amount charged. The Ld. District forum, in the impugned order observed, that,

    “ This averment of the complainant was not denied by the OPs in their reply specifically . The vague reply of the OPs in this regard has been that cleaning of the Community Hall and toilet was not the duty of the Corporation but was the duty of the Community Hall Incharge. Obviously, the explanation furnished was ridiculous one. After all, the Community Hall incharge was also working under the MCD and as such Ops cannot escape its liability towards deficiency in service on this count”.



    5. In response to the Notice issued of this appeal one Shri Pawan Kumar, AR of the Respondent NO. 2 appeared on 30.09.2008. He was supplied with the copy of the appeal petition providing an opportunity to the Respondents to file reply, but none appeared later on, despite the matter was listed on 17.11.2008, 14.1.2009 and 30.4.2009. Finally, this appeal was posted for final hearing today, when again none appeared on behalf of Respondents. Hence the appellant is heard in person and his contention as orally submitted as well as raised in the appeal are carefully examined.

    6. Nothing is brought on record by the Appellant to justify his claim for compensation to the tune of Rs. 1,00,000/-. However, considering the findings recorded by the Ld. District Forum as quoted above, we feel satisfied that the appellant deserved better treatment in awarding of the compensation. In our considered view a sum of Rs. 10,000/- as compensation for the embarrassment appellant suffered on account of deficiency-in-service on the part of the Respondents will meet the ends of justice. Hence, we modify the order of the Ld. District Forum dated 3.6.2008 to the following effect :-

    i. That the Respondents jointly or severally shall pay to the Appellant a sum of Rs. 10,000/- (Ten thousand only) as compensation and

    ii. That the Respondent shall also pay a sum of Rs. 5,000/- as cost of litigation throughout.

    iii. If the entire awarded amount is not paid within 30 days of the receipt of the copy of the order, the Respondents shall be liable to further pay interest @ 9% on the award amount of Rs. 10,000/- only till realization.



    7. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and , thereafter , the file be consigned to Record Room.
  • edited May 2010
    This is to bring to the attention of the honorable courts and the concerened authority of the blatant misuse of trust and power entrusted upon a government official one Mr.Pawa of MCD( Green Park Location,New Delhi) has been demanding and taking bribes for the past 20 years as far as investigation by our organization has unearthed.
    He has no fear and shame whatsoever and openly demands and accepts bribe in the MCD office.He should be brought to justice at once.For the record he has demanded a bribe of rupees 10,000 for fixing arrears in the house tax assesment of a innocent widow which has brought this case to our organizations(UNION for CIVIL LIBERTIES & HUMAN RIGHTS) notice.As a matter of fact not only has he demanded bribe he has forced the innocent lady to pay more than her due of the house taxes,leading to mental torture and agony for this citizen.A man like this should be put behind bars.
  • Anil SehrawatAnil Sehrawat Junior Member
    edited October 2010
    Dear Sir,

    I am Anil Sehrwat resident of B-21, Nanhey Park, Uttam Nagar, New Delhi 110059,I want attention of MCD
    regarding the following concern.

    In front of my house there is a empty plot (No. B-30,owned by Mr. Om Prakash resident of Jain Park M-9871106076) , which is being used for throwing garbage by the whole area and resulting in a big pile of garbage in front of my house
    and the whole area around the plot stinks and even water logging is a concern and due to this there is constent threat of dengu in the area, already 3 members of my family is sufferng form dengu. We even talked to owner reagrding the problem but he is not corporating to resolve the problem, and when we tried to stop the people of area from throwing the garbage they stopped doing so in the day time and started the same in the night.

    You are hereby requested to kindly take strict action him and reomve garbage dumb as sson as possible.

    Thanks

    Anil Sehrawat
    M-9873824727
  • sanjeevshuklasanjeevshukla Junior Member
    edited August 2011
    Dear Authority,

    My name is sanjeev shukla.I belong to Bhatnagar colony,Lakhimpur-kheri.Since when the recent election has gone,all the roads in city are made by cement and doing well even in rainy season.but due to the politics of Municipal corporation chairman (Mr. Gyan Prakash Bajpai and my ward member),we all residents facing acute problems.Now-a-days,in rainy seasons,road is totally blocked with the dirt water and all the possibilities of plague and other deceases.My heartily request to look into this very political matter.However,my family members have submitted many application against this but nothing works.In last 9 years tenure of Mr.chairman,they only didn't get money sanction for my road in the whole city,its very tragic while all surroundings are happy and living happily.i will be very grateful to you for taking an action.

    Thanking you

    Sincerely
    Sanjeev Shukla
    +91 9919205312
    +91 9662335700
  • edited May 2013
    hello sir,

    mein geeta colony 17 block mein rehti hoon, yaha safai karamchari hafte mein 2 din hi jhadoo lagate hai or agar nalliyon se nikla hua kooda 3-4 dino tak ghar ke agay padha rehta hai, jhadoo wali ko agar bulao to jhadoo lagwane ke liye 10-20 Rs. dene padte hai taaki wo theek se safai karein kripya karke humari gali ki safai ke liye kuch kijiye,

    Geeta colony Block - 17
  • edited February 2014
    To,

    Civil Line zone, New Delhi.
    Subject: Complaint against illegal and unauthorized construction by land mafia on property No. A-47 at 3rd and 4th floor, RAMESHWAR NAGAR Nagar Ward no. 13, No action has been taken by MCD officers after many complaint till date
    Respected Sir,
    I want to draw your attention that the building Mafia element is carrying out illegal and unauthorized construction in property No. A-47 at 3rd and 4th Floor RAMESHWAR NAGAR , Ward No.72 Delhi. The illegal and unauthorized construction is being carried out in complete violation of the provision of building bye-laws of the DMC act and without taking any necessary permission or sanction from North Delhi Municipal Corporation, , the 3 rd floor of this building creating many problems to the residential of that area . The builder is going to construct the building 4th floor also where in half area is already constructed. The building is more than 35 yrs old and construction on it may lead to loss of human life and property

    The said illegal and unauthorized is being carried out in collusion and connivance of the concern officers of the MCD. It is therefore requested that the immediate necessary action as per law be taken against the illegal and unauthorized construction

    I shall be grateful to you
    Yours faithfully
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