Complaint Case No. 170/2023

Shankar  Pal S/o  Late  Pusa Ram age about 83 years R/o 231 Hanuman Puri Mahendra Nagar, Aligarh

V/s

1. City Commissioner, Nagar Nigam, Aligarh
2. General Manager, Jal Kal Department, Nagar Nigam, Aligarh.

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for following reliefs-

1. OP be directed to cancel the water charges bill amount Rs.11669.
2.  OP be directed to pay litigation expenses Rs.10000.  

2. Complainant has stated that he is the senior citizen and owns a house at Hunumanpuri, Aligarh of which house tax and water tax are being regularly paid. He had paid the house tax, water tax and drainage tax Rs.4403 in the year 2021-22. He received a water charges bill for Rs.11669 whereas there is no water connection in complainant house since a long time when the cemented road was constructed in front of the house of the complainant in the year 2014 and the water line was permanently removed and water connection of the complainant’s house was also permanently removed. As there was no water connection at the house of the complaintant since the year 2014. There arises no question of water charges to be recovered by the Op. Op has not supplied water to the complainant. Op is not entitled to levy the water charges. Complainant has been making payment of house tax along with the water tax and OP has no right to levy the water charges without water supply.              
3. Ops stated in WS that the complainant has paid house tax along with the water tax and no water charges paid. Complainant has been using the connection no. 119/D 1964 since 1.10.1991 and water connection was not got disconnected as per rules and water charges amounting Rs. 11669 are outstanding.
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops has filed their affidavit and papers in support of their pleadings.
5. We have perused the material available on record and heard the complainant.
6. The first question of consideration before us is whether the Complainant is entitled for any relief ?
7. Complainant has specifically stated in para no4 of the compliant that in the year 2014 the water line in front of the house of complainant was removed while constructing the cemented road and no water supply was made since then. Complainant has supported this fact with the affidavit. OP has barely denied the contents of para no.4 of the complaint  and has not made any specific assertion supported by affidavit. Thus it is found that there was no water supply at the connection of the complainant since the year2014 on account of removal of the water line while constructing the cemented road. As there was no water supply there is no question of payment of water charges. So far question of permanent disconnection of the connection is concerned, OP ought to have taken notice of removal of the water line and thereby disconnection of the water connection ought to have been suo motto disconnected. OP is under obligation to cancel the water charges Rs.11669 and bill is liable to be cancelled.  
8. We hereby direct the Ops to cancel the bill.
9. Ops shall comply with the direction failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.