ORDER                                    Dated:  30-01-2017

Mohd. Anwar Alam, President

1. Complainant has filed this complaint on 29-01-2016 and alleged that he has applied for fresh water connection under Regularization Scheme and an inspection was carried out at the site/ house of the complainant. Complainant further alleged that the NWS  site inspection report was forged and fabricated by the site engineer, Nangloi Water Services and on 09.09.2015 thereby falsely stating in the said report that there was unauthorized water connection at the site whereby  based upon the said false report the officials of DJB have charged an excess sum of Rs. 1,000/- without any fault on the part of the complainant.  The complainant was forced to pay a sum of  Rs. 7,000/- which includes Rs. 1000/- as excess amount received by the OPs.  Complainant constrained by the illegal acts of the OP and its employees, deposited the amount under protest on 03.12.2015 and he was provided with new K. No. 862789291. Complainant alleged that OP is liable to compensate the complainant for its misdeed and illegal acts being committed by the employees of OP and also liable to pay a sum of Rs. 3,00,000/- towards deficient services provided to him.  Complainant asked vide legal notice dated 07.12.2015 the OP to refund the above amount with interest.  Complainant also claimed Rs. 2200/- from OP for sending the said legal notice. Hence there is deficiency of service on the part of OP and complainant prayed to direct OP to refund a sum of Rs. 1,000/- , Rs 40,000/- as compensation for mental pain and agony and Rs. 50,000/- as litigation charges.
2. In reply, OP submitted that the complainant has applied for water connection on 10.08.2015 and when the inspection of the premises of complainant was carried out on 09-09-2015 and it was found that one illegal water connection was already there at the premises of the complainant and in this event , the case for regularisation was made for which a  fine of Rs. 1000/- was imposed which were deposited by complainant. OP denied rest of the allegations and prayed to dismiss the complaint.
3. The complainant has filed rejoinder to the written statement and denied the objections made by the OP and supported his complaint.
4. In support of  his complaint complainant filed his own affidavit along with documents i.e. copy of bill (Ex. CW-1/1) , copy of inspection report (Ex. CW-1/2) and copy of legal notice (Ex. CW-1/3).
5.  In support of reply OP  filed affidavit of G.P. Malik  , ZRO  along with documents i.e. copy of picture of illegal connection (Annexure R1) and photocopy of the policy (Annexure R2)
6. OP filed its written arguments.
7. We have heard the arguments and considered the evidence led by the parties and their written and oral arguments.  In this case points to be considered are as under:-

1. Whether complainant is a consumer?

 (b) Whether there is any deficiency in service on the part of the OP?

(c) Relief?

8.  As OP had issued a bill of Rs. 7000/- (Ex. CW1/1) in the name of Sh. Vinod Kumar which was deposited by him hence complainant is a consumer.

9.  As complainant admitted that site engineer of OP made an inspection report of site (Ex. CW1/2) wherein  unauthorized water connection existed at the site and complainant himself clarified that complainant has applied for the fresh water connection under the regularization scheme, therefore in compliance of the notification dated 11.03.2016 by the DJB Govt. of NCT of Delhi (Annexure –II) water connection charges as mentioned in the bill dated 25.11.2015 (Ex. CW1/1) charged by the DJB under the description of water opening fee , water advance , road restoration charge for water , occupier security, applicable water development charges and unauthroised water consumption charges taken from the complainant is justified and there is no deficiency in services on the part of OP.

10. Looking to the facts and circumstances of the complaint we are of considered opinion hold that there is no deficiency in service on the part of OP.

11. Both the parties will bear their own cost. 

     12. Copy of the order made available to the parties free of cost as per law.

   File  be consigned to record room.

Announced on………