Delhi

East Delhi

CC/900/2014

NEELAM - Complainant(s)

Versus

D.J.B - Opp.Party(s)

19 Mar 2021

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 900/14

 

SMT NEELAM KUMARI

R/O L-2/1, Shastri Nagar

Delhi 110052

                                                               ….Complainant

 

Vs.

         

1.  

Rainy Well, V-10, Naryan Nagar

Sahadara, Delhi.

 

2.  

Through

Mrs. Sanjam Cheema Consultant (Pubic Relation)

Room No. 306, Varunalaya Phase-II

Jhandewalan Karol Bagh

New Delhi 110005

Mail to : prodjb306@gmail.com

                                                                                    …Opponent

 

Date of Institution: 23.09.2014

Judgement Reserved on: 19.03.2021

Judgement Passed on: 16.04.2021

                  

 

CORUM:

Sh. Divya Jyoti Jaripuriar (President)

Sh. Bariq Ahmed (Member)

 

Order By:BARIQ AHMED (Member)

 

 

 

JUDGEMENT

1.       The brief facts of the case are that the complainant is consumer having a water connection bearing no. 43855 and New K.No. 53214010000 installed at her premises. The complainant deposited the payment of the water bills as and when generated by the OPs. Earlier the complainant was running a hotel on the ground floor for her livelihood, which was closed due to some difficulties in the year 2008. That after closing of the hotel, she requested the officials of the OPs on many occasions to change the category of the water connection from non-domestic to domestic but the officials of the OPs ignored her request under one pretext to other. She continuously remains in touch with OP and requested them to do the needful but the officials of the OPs instead of discharging their duties and doing the needful raised the inflated bill of Rs. 2,57,485/- vide bill no. 532140076370 dated 01.08.2014. The official of OPs did not stop here, on 27/28.08.2014 suddenly they visited the premises and threatened the complainant to disconnect the connection if the bill in question is not paid immediately. The complainant requested them to rectify the bill and convert the connection from non-domestic to domestic but all in vain. Complainant, therefore, approached this Forum for redressal of her grievance.

 

2.       In response to the notice issued to the OPs. OPs have been contested the complaint. OPs filed their written statement wherein they denied any deficiency in services on their part and has stated in reply that complainant has deposited the part payment of Rs. 10,000/- against the water connection as shown in the record and the outstanding dues amount has been shown as Rs. 26,679/- till 30.06.2008. It is pertinent to mention here that OP had issued a bill for Rs. 2,57,485/- vide bill no. 532140076370 dated 01.08.2014 with due date 19.08.214 and the complainant had deposited part payment of Rs. 50,000/- on 15.01.2015 against the water connection as shown in record. It is further submitted that connection no. 43855 was used at Dhaba, however, at present a mobile shop is running at this place. It is further submitted that the complainant had never deposited any other outstanding dues/ amount pertaining to the above said water connection except the part payment, is liable to clear the entire dues. It is further stated that the complaint is vexatious and liable to be dismissed.

 

3.       The parties have filed their respective affidavit wherein they have corroborated the averments made in the complaint and in the written statement.

 

4.       We have heard the arguments advanced at the Bar on behalf of the complainant. OPs were service on 05.02.2021. Counsel for OPs appeared only once on 05.02.2021 and that too left early without marked his presence. After that none has appeared on behalf of OPs and having no other option the Forum heard the argumentson behalf of complainant.

 

5.       Complainant has placed on record the copy of the Registration Certificate issued by Delhi Municipal Corporation, Central License and Enforcement Cell, which clearly shows that the Dhaba was running till 31.03.2006 on the address L-2/1, Shastri Nagar, Delhi, thereafter the license was not renewed and as such the premises L-2/1, Shastri Nagar, Delhi was no more used by the complainant for commercial purpose, to prove her contention the complainant has also placed on record copy of the certificate d    t. 01.09.2014 issued by the MLA justifying the fact that Dhaba was closed from last 6 years.  Moreover, the OP in their written statement itself admitted that at present the Mobile shop is running in the aforesaid premises.  This shows that the officials of the Op is well aware of the fact no Dhaba is running in the aforesaid premised and the officials of the OP is raising the bill against the aforesaid connection considering it as non-domestic connection.

 

6.       The complainant has placed on record the copy of the various bills raised by the OP, perusal of the Bill dated 07.03.2008 shows that there was an outstanding of Rs.28,083/- , thereafter the bill dated 20.08.2011 shows that there was an outstanding of Rs.1,40,142.-, Bill dated 1.08.2014 shows that there was an outstanding of Rs.2,45,224/-, Bill dated 17.01.2015 shows that there was an outstanding of Rs.2,37,454/-, Bill dated 12.03.2018 shows that there was an outstanding of Rs.4,45,210/-, Bill dated 07.09.2019 shows that there was an outstanding of Rs. 7,57,172/- and the Bill dated 03.11.2020 shows that there was an outstanding of Rs.6,30,343/- Bill dated 09.01.2021 shows that there was an outstanding of Rs.6,30,862/-.  Moreover, the OP itself admitted in its written statement that till 30.06.2008 there was an outstanding of Rs.26,679/- against the aforesaid connection.  The complainant has already deposited a sum of Rs.50,000/- with the OP on 15.01.2015 with the direction of this Forum thereafter despite several opportunity the OP failed to adjust the payment made by her, and revised the same.  On the contrary, OPs were raising the bills as per their own sweet wills.  It is very surprising that on 30.06.2008 there was an outstanding of Rs.26,679/-, suddenly in the year 2014, it become Rs.2,45,224/- and in the year 2019, the outstanding comes to Rs.7,57,171/- and in the year the outstanding reduce to Rs.6,30,343/-, in their pleading the OP failed to substantiate the evidence in its favour regarding the outstanding amount raised by it against the water connection in question.

 

7.       In view of the above discussion, we are of the considered view that despite knowing the fact that the water connection in question is not used for commercial purpose since December 2008 and licence to running hotel on the ground floor for her livelihood which was closed in the year 2006 and paid the water charges as per bills raised by the OPs on the basis of consumption as per meter reading till December 2008.  OPs are arbitrarily issuing the bills time to time as per their own sweet will, which amounts to deficiency in service on the part of the OPs.

 

8.       Holding the OPs guilty of deficiency in service, we direct the OPs as under:-

1. To convert the water connection bearing no. 43855 and New k. No. 53214010000  from non-domestic to domestic one.
2. To recall the Bill dt. 09.01.2021 issued by OPs and issue the revised Bill since December, 2008. After adjusting payment made by the complainant, as per the domestic connection.
3. Pay to the complainant a sum of Rs.7,000/- against compensation on account of pain and mental agony suffered by her.
4. Pay to the complainant a sum of Rs.5,000/- as cost of litigation.

 

09.    This order be complied within 30 days from the date of receipt of the order.

10.    Copy of the order be supplied to the parties as per rules.

11.    File be consigned to Record Room.

 

 

 

(Sh. BARIQ AHMED)                                                        (DIVYA JYOTI JAIPURIAR)

       Member                                                                                      President