DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 515/2006
Residents of DDA Janta Flats,
Pocket-11, Jasola, New Delhi
Through Jasola Janta Flat RWA ….Complainant
Versus
Vice Chairman, Delhi Development Authority
Vikas Sadan, INA Colony,
New Delhi ...Opposite Party
Date of Institution : 12.09.2006 Date of Order : 04.06.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Sh. S.S. Fonia, Member
O R D E R
The grievances of the residents of DDA Janta Flats, Pkt. 11, Jasola, New Delhi (hereinafter to be referred as complainant) are with regard to the non-supply of adequate water to the over-head tanks and suitable drinking water, minimum electrification of all flats and permanent cemented wall at the back side of the flats and withdrawal of exorbitant water bills raised to the complainant and unnecessary gates i.e. gate Nos. 6, 7 & 8, garbage disposal/collection yards constructed inside the colony which creates unhygienic condition to the residents.
It is stated that after taking possession of the Janta flats the allottees realized that the flats allotted to them were not ready for living due to non-availability of basic requirements i.e. water, electricity and other essential amenities like road, street light, boundary wall, gates etc.; that after facing lot of difficulties and persistent follow up with the DDA authorities, the road and street lights, electricity in the few blocks (40% to 50% of the flats) were made available in mid 2004; that after 7 months of first lot of allotment in the month of May 2004 the OP started water supply to the residents through Tankers which was also discontinued from 31.5.2004 and in this regard letters were written to officers and authorities of the OP; that in the month of July 2004 OP started the main water pump for trial and cleaning purpose and while testing the same a lot of damage in the pipeline occurred and the complainant intimated the same to the OP for rectifying the same; that in the second week of August 2004, the complainant got a letter from the SE, DDA, Sarita Vihar, New Delhi therein inter-alia saying that the water supply through the water pipeline laid had been set right and regular water supply was being made to the allottees. It is inter-alia stated that again pressure of water supply was low due to which the allottees residing above the ground floor level were not getting the sufficient water and the complainant is “afraid that this entire arrangement by DDA is extremely unsatisfactory and will not work unless resolved immediately”. It is further stated as under:
“Instead of attending our above mentioned problems, DDA officials started sending exorbitant bills @ 97/- per month (even it is Rs. 50/- per month at Dwarka DDA Flats) in the month of November 2005. On December 5, 2005 again we sent a letter to the SE regarding the same is annexed herewith as Annexure – 1/7 & 1/8.”
It is further inter-alia stated that after lot of pressure meeting with the Chief Engineer (SEZ) of DDA was arranged wherein he assured that Sonia water would be provided within six months and in the meantime he instructed to the SE and Xen to find out a temporary solution like diverting nearby MCD pipeline to the colony of the complainant for suitable drinking water. The Chief Engineer (SEZ) also verbally approved for four more Reverse Osmosis Plants to the colony of the complainant in each block since the RO Plant already provided was not in a suitable location. It is further stated that as regards to exorbitant water bills raised by the department, the Chief Engineer (SEZ) told the complainant to deposit the one third of water bills till the billing disputes were not finalized but till date the officials of the OP have not issued the receipts of the 1/3rd deposits . It is further stated that a complaint was also lodged with the Public Grievances, M/o Urban Development, Nirman Bhawan, New Delhi. The gist of the complaint is that the supply of water to the colony was not improved.
It is further stated that the OP provided unnecessary gates (8 big gates and four small gates) and two more giant gates are lying uninstalled in the colony for the last two years in Block C near house no. C-361 and it is unknown as to why 12 gates for such a small housing colony have been provided; that the officials of the DDA have not closed down un-necessary big gates at the backside of the colony. It is stated that aggrieved by the deficiency in service and unfair trade practice, the complainant claims a sum of Rs. 900/- p.m. per allottee towards consuming quality water for drinking and cooking purpose from the outside suppliers. Claiming the complainant to be a consumer the present complaint with stated prayers has been filed.
In its written statement, OP has inter-alia pleaded that the underground reservoir has to be cleaned from time to time and in this process if any damage is caused to the pipeline, the same is required to be rectified and as such the pipeline which was damaged was set right and regular water supply was being made available to the allottees. It is denied that the water which is provided through pipeline is contaminated and no proper chlorination was being done. It is submitted that the allottees took possession of their respective flats after completely satisfying themselves and signed the possession slip. It is denied that no proper and permanent solution was made available for quality and quantity of water, electric connection and essential amenities as alleged by the complainant. It is submitted that the water charges have been raised by the OP as per policy and nothing excess has been charged; that the allottees had to install the water meters but they have failed to install the same; that as soon as the allottees will install the water meters and submit the required test reports they will be charged on the basis of meter reading subject to payment of minimum charges as per policy. It is submitted that the grievances raised by the complainant have been rectified and are in the process of rectification. It is submitted that since the Electrical Booster Pumps became out of order, therefore, Delhi Jal Board started supplying water through tankers for a short span of time. It is submitted that charges for the water have been raised as per the policy and quality of water is perfectly all right and that the water being supplied is being tested in an approved Laboratory of MCD; that there is adequate water available in the area. With regard to the allegations that there are unnecessary gates, it is submitted that the gates have been installed as per the planning and the complainant has no locus standi to allege as to why unnecessary gates have been provided. It is denied that every allottee is entitled to Rs. 900/- per month on account of consuming quality water for drinking and cooking purpose from outside suppliers. It is prayed that the complaint be dismissed.
In the rejoinder, complainant has denied all the allegations made by the OP in the written statement and reiterated the averments made in the complaint.
Affidavit of Sh. Manoj Tiwari, General Secretary of the complainant has been filed in evidence on behalf of the complainant wherein he has relied upon documents Ex. PW1/1 to PW1/27. On the other hand, affidavit of Sh. Charan Singh Jatav, Executive Engineer, SED (1) has been filed in evidence on behalf of OP.
Written arguments have been filed on behalf of the parties.
We have heard the counsel for OP and have also gone through the record very carefully.
No one has appeared to advance arguments on behalf of the complainant.
From the pleadings of the parties it is crystal clear that now the main dispute of the complainant with the OP is with regard to (1) supply of adequate and portable water to the residents of the colony and (2) installation of unnecessary gates.
Ex. PW1/1 and Ex. PW1/2 are the documents with regard to the registration of the complainant under the Societies Registration Act, 1860 and the Memorandum of the meeting dated 15.10.2006. Ex. PW1/3 & Ex. PW1/4 are the copies of Jasola Janta Awas Yojna – 2003 and Shramik Awas Yojna. Ex. PW1/5 is the copy of the possession slip. Ex.PW1/6 & Ex. PW1/7 are copies of the letters stated to have been written by the complainant to the Ministry of Labour and the Vice Chairman of the OP on 29.1.2004 and 3.6.2004 respectively with regard to the inadequate supply of water and other facilities in the colony. Ex. PW1/8 to Ex. PW1/12 are the copies of correspondence which are stated to have taken place between the complainant and the officers of the OP. Ex. PW1/13 to Ex. PW1/16 are the copies of the water bills for various months of the year 2005 & 2006 issued to the residents of the colony for the amount of the bill ranging between Rs. 2239/- to Rs. 4917/-. Ex. PW1/17 is the copy of a representation dated 10.2.2006 addressed by the complainant to the Chief Engineer (SEZ) of the OP against the exorbitant water bills raised by the OP on the residents of the colony. Ex. PW1/18 is the copy of letter dated 20.2.2006 sent by the complainant to the Chief Engineer (SEZ) of the OP thereby sending cheques of various amounts in respect of 62 flats with reference to the meeting dated 10.2.2006. The same bears the endorsement dated 19.9.2007 of the office of the Asstt. Engineer. It means that various cheques ranging between Rs. 291/- to Rs. 870/- had been sent to the OP towards payment of the water bills according to decision stated to have taken place between the complainant and the Chief Engineer (SEZ) of the OP on 10.2.2006. However, the cheques were received in the office of the Asstt. Engineer on 19.9.2007. Exh. PW1/19, Ex. PW1/20, Ex. PW1/21 and Ex. PW1/22 are the copies of various correspondences stated to have taken place between the complainant and the OP. Ex. PW1/23 is the copy of reply dated 23.8.2007 sent by the Public Information Officer, Delhi Jal Board, Govt. of NCT of Delhi, New Delhi to Sh. Sunil Dubey, Vice President of the complainant whereby it was inter-alia informed that the water supply was being maintained by the OP and that the Delhi Jal Board was ready to take over the water supply of Pkt. 11, Jasola Vihar Janta Flats subject to the condition that the procedure for handing over the area is followed by the DDA. It was further informed that the “Water charges are same for all types of flats/colonies; no separate policy had been framed for EWS/Janta flats”. Ex. PW1/25 and Ex. PW1/26 are the water calculation sheets. Ex. PW1/27 (Colly) are the photos which perhaps have been filed to show that there was/is inadequate water supply to the flats in question and, therefore, residents of the colony are using bottle water for consumption. The photos are dated 5.8.2007.
The complaint had been filed on 12.9.2006. The last documents filed on behalf of the complainant is thus of the year 2007/2008. We are now in 2016. The complainant has not filed copy of any other document or representation on the record of this forum between 2008 to 2016 to show that the supply of the water in the area in question is still inadequate or that the residents are paying water charges to the OP as per any settlement taken place between the complainant and the OP or as per the minimum water charges or as per the water bills raised on the residents.
Copies of some documents were, however, filed on behalf of the complainant on 2.7.2015. One of the documents is the copy of letter dated 8.6.2015 written by Sh. Manoj Tiwari, General Secretary RWA of the complainant to the Chief Engineer (EZ) of the OP in response to the notice for disconnection of water supply due to non-payment of water charges whereby request was made to waive off the old outstanding surcharges amount charged in the bills of the residents of Pkt-11, Jasola Vihar keeping in view their long pending grievances with the OP. We mark the said letter as mark “AA” for the purposes of identification. This letter goes a long way to prove that the residents of the colony in question have not been paying full water charges. It is the bounden duty of the residents of the colony or for that purpose of the complainant to pay the water charges in accordance with the water bills or as per any settlement taken place between the complainant and OP or as per the minimum water charges to the OP. Moreover, from this letter one thing is clear that the supply of water in the area is adequate and quality of water is also good. Had any such grievance been still persisting the complainant would have certainly mentioned about these grievances in the letter mark “AA”? Therefore, the dispute remains with regard to the waiver of outstanding bills. In the facts and circumstances of the case, we hold that this Forum has no jurisdiction to waive off the surcharges of the water bills. Therefore, we hold that the complainant is not entitled to any relief so far as the awarding of Rs. 900/- per month per allottee on account of consuming quality water for drinking and cooking purpose from outside suppliers is concerned.
The case of the OP is that the gates in question have been installed as per the plan. It is a matter of common knowledge that each colony has a system of gates in order to provide safety and security to its residents. Gates are erected/installed for the convenience of the residents of the colony. Therefore, the complainant cannot be allowed to guide the OP as to in which manner and how many gates should be installed in the colony in question. Therefore, in our considered opinion, the complainant is also not entitled to the second relief.
In view of the above discussion, we hold that the complainant has failed to prove deficiency in service on the part of the OP. Accordingly, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 04.06.16.
(S.S. FONIA) (NAINA BAKSHI) (N.K. GOEL) MEMBER MEMBER PRESIDENT
Case No. 515/2006
4.6.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S.S. FONIA) (NAINA BAKSHI) (N.K. GOEL) MEMBER MEMBER PRESIDENT
