NCDRC

NCDRC

RP/2152/2014

BHAGWAN EDUCATION SOCIETY - Complainant(s)

Versus

DELHI DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. ASUTOSH LOHIA

10 Dec 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2152 OF 2014
 
(Against the Order dated 27/01/2014 in Appeal No. 704/2011 of the State Commission Delhi)
1. BHAGWAN EDUCATION SOCIETY
PLOT NO-5, AG BLOCK, SHALIMAR BAGH, THROUGH ITS GENERAL SECRETARY, SMT. TRISHILA SHARMA
DELHI- 110088
...........Petitioner(s)
Versus 
1. DELHI DEVELOPMENT AUTHORITY
A.A.O. (CAU)-R WATER CELL
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Ashtosh Lohia, Advocate
For the Respondent :
Ms. Ravi Prabha, Advocate

Dated : 10 Dec 2014
ORDER

O R D E R (ORAL)

JUSTICE J.M. MALIK

 1.      Counsel  for the parties present.  It is made clear that there is no stay order regarding the bills to be recovered from the petitioner/complainant.  The argument  advanced by  the counsel for the respondent  on the  last date of  hearing  is somewhat  misleading.

2.      Heard  counsel  for  the  parties on merits of  this case, as well. It  may  be  mentioned  here that  both the fora  below have decided the case  against  the petitioner/complainant.

 

3.      The  case of the petitioner/complainant  is this.  It is a registered  Society  running  a School  in  Pocket 3, Sector-24, Rohini, Delhi, in the name of ‘Laxman  International  School’.  Its  name  was  subsequently changed to  ‘Indian  Convent  School’.  DDA had   provided  water  connection.  The  School  of  the petitioner  was enjoying the facility of  drinking water.  It had got one tap only.  This  is  an  indisputable fact  that  the building of the School  was  also under  construction  which ended  in January, 2006.  Water  bill  dated 04.12.2004 showed  the  consumption of water as 2KL.  The DDA sent a bill  dated  04.03.2005 wherein  it  was  mentioned in the  bill  itself that the petitioner should  get  the defective meter changed within  20 days, otherwise, double rate of the bill would be charged.

 

4.      Pursuant  to  that  bill, the  petitioner moved an application dated 21.03.2005 seeking permission to change the meter.  This application  was  itself  an eye wash.  Permission was already granted vide bill dated 04.03.2005.  However, the meter was got changed  though  this  fact  is  disputed by the petitioner.  According to the petitioner, the same water  meter continued.  However, the report filed by  the respondent/OP clearly goes to show that previously it  was ‘Janta’ make meter  and  subsequently,  it was changed to ‘Kranti’ make meter.

 

5.      The  State  Commission  was  pleased to observe in para 2 of its judgment, which is reproduced here as under :-

The short controversy that now arises in this appeal is whether the meter at the site stood changed or not.  The complainant / appellant vide his letter dated 21.03.2005 asked for the permission to change the meter. It was never required. The complainant/ appellant was competent to get the meter changed on his own and permission was not required in this behalf.  The test report of the meter of the make ‘Kranti’ is on the record and it remained unchallenged.  The officer of the rank of Chief Engineer  from the side of the OP/DDA had sworn an affidavit  stating that the meter stood replaced and the test report of the meter of the make ‘Kranti’ was a genuine document”.

 

6.      It  is  thus  clear  that  the petitioner has tried to mislead the  Commission.  The orders passed  by the fora below cannot be faulted.  The revision petition is, therefore, dismissed.

 

7.      Since  the  bill amount has not been recovered, therefore, it appears that the OP is working in cahoots with the petitioner/ complainant Society.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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