Delhi

North East

CC/15/2016

Baby Mishra - Complainant(s)

Versus

Delhi Jal Board - Opp.Party(s)

29 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 15/2016

 

In the matter of:

 

	Smt. Baby Mishra H.No. C-5/54, Gali No. 2 Sadatpur Extn. Karawal Nagar, Delhi 110094	Complainant
	Versus
	Delhi Jal Board, Varunalaya Phase-2, Karol Bagh, New Delhi 110005	Opposite Parties

 

	DATE OF INSTITUTION:	22.01.2016
	RESERVED FOR ORDER:	27.08.2018
	DATE OF DECISION:	29.08.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The complainant had submitted that she had a water meter bearing no. K-0080550000 fixed at her residential which is functional but nobody from the DJB came to record meter reading and her bills were sent on average basis. The complainant had further submitted that she had lodged complaint with OP regarding the bills sent on average basis of which she has photocopy but no action had been taken till date and further the complainant has submitted that Delhi Government was allowing 20,000 liters water per month free of cost but despite that provision, water bills were being sent to her whereas her consumption for three months has been 39,000 Liters. The complainant has made several visits to OP office but the complaint was not resolved by OP. Therefore, the complainant was constrained to file the present complaint and has prayed for issuance of directions to OP to wave of the water bills being sent to her and proper and regularized water bills should be sent to complainant. A copy of representation dated NIL referring to representation dated 08.07.2013 to OP addressed by Husband of complainant to OP was attached, wherein OP had been requested to correct the bill for payment by complainant. Copies of the bills dated 06.06.2013, 04.05.2015, 07.09.2015 and 03.01.2016 have been attached. Further, copies of bills dated 14.12.2009, 30.03.2009, copy of representation dated 08.07.2013 requesting OP for issuing appropriate bills alongwith water bill dated 30.10.12, copy of bill dated 09.10.2012 and copy of installation of magnetic multi jet water meter dated 05.07.2012 and a copy of voter card as address proof have been attached by the complainant with the complaint alongwith authority letter, wherein the complainant has authorized her husband for filing and contesting case on behalf of her.
2. Notices were issued to OP on 25.01.2016 for appearance in the Forum on 02.03.2016 which was returned by postal authority with remarks “Incomplete Address without section” on 08.02.2016. Another notice dated 09.03.2016 on different address given by complainant was issued for appearance in this Forum on 17.03.2016, which was duly received by OP and OP entered appearance and was supplied copy of complaint with annexures.
3. OP, in its written statement filed on 19.04.2016, while admitting the water connection assigned to the complainant vide connection no. 00805500000 took the preliminary objection that the bills had been charged as per tariff of Delhi Jal Board notified from time to time by competent authority and that the complainant was liable to be dismissed as the complainant had failed to comply with provision of section 96 of Delhi Water Board Act, 1998 and did not exercise the remedy under Section 97 under the said act for preferring an appeal before the board for redressal of his grievance before coming to this Forum. The OP further contended that  after receiving complaint of the complainant, the matter was investigated and the water bill was revised as per Rules and as on date, grievance of complainant is resolved. Copy of the bill dated 29.03.2016 showing reversed entries and adjustment to the tune of Rs. 2506/- has been annexed showing “No Dues”.  OP further admitted to 20,000 Liters of water per month being provided free of cost to its domestic consumers. It was therefore prayed by the OP that the complaint be dismissed with cost.
4. Rejoinder was filed by the complainant in rebuttal to the defence taken by OP in its written statement wherein  the complainant contended that the OP rectified the bills only after the complainant filed the present complaint in an unprofessional manner showing neglect of duty by charging average bills not in accordance with meter reading and the complaints of the complainant with OP on 26.10.2012, 08.08.2013 and 18.05.2013 have remained unaddressed. Therefore the complainant prayed that damages for deterioration, mental, physical and economic harassment caused by delay alongwith negligence of duty on the part of OP be considered and Hon’ble Forum may direct the OP to pay a sum of Rs. 10,000/- towards physical strain and mental agony caused to the complainant alongwith Rs. 2,000/- towards cost of petition payable to complainant by the OP.
5. Evidence by way of affidavit filed by complainant wherein complainant submitted that the complainant had sent a written complaint to OP on 26.10.2012 vide complaint no. 2542 but no effective step was taken by OP against it and OP had instead sent another average bill on 19.04.2013 to complainant amounting to Rs. 6532/-. Further, the complainant had again written to OP on 08.07.2013 vide complaint no. 2275 but no proper response was sent. Complainant again lodged a complaint with OP on 08.05.2015 vide complaint no. 3853 but to no avail. However OP again sent bill dated 03.01.2016 amounting to Rs. 9185/- and thereafter another bill dated 18.03.2016 amounting to Rs. 2632/- to complainant for payment. A copy of the bill dated 06.06.2013 amounting to Rs. 6221/-, bill dated 18.03.2016 amounting to Rs. 2632/- and bill dated 03.01.2016 amounting to Rs. 8747/- have been attached in support of contention of the complainant. Complainant submitted that the OP sent bill dated 18.03.2016 of Rs. 2632/- to the complainant even after filing of the present complaint.
6. Evidence by way of affidavit was filed by OP, wherein it denied receipt of any complaint dated 26.10.2012 and 08.07.2013 as alleged by the complainant and confirmed that there is a water connection in the name of complainant  and the action on the complaint of the complainant was taken and grievance was resolved by reversing her bills. Further, the complainant was being sent the bills as per the actual reading and the complainant is getting free water as per policy of the government.
7. Written arguments were filed by the OP vide  which OP argued that the present complaint is hopelessly time barred as it is related to water bills for the period of 19.10.2012 and the complaints were dated 26.10.2012 and 08.07.2013 admittedly lodged by the complainant with OP but the present complaint was filed on 12.01.2016 for the same. Further, the complaint is infructuous in view of the grievance having being already redressed by the OP as a goodwill gesture. It was also submitted that the complainant has not issued prior statutory notice to OP under the provision of section 96 of Delhi Water Board Act and as such the complaint is liable to be dismissed on the ground of non-compliance of statutory requirement. Further, in view of the complainant being provided water connection bills without charges as per present Government policy of taking no charges upto the use of 20,000/- liters per month per house from the year 2014 and onwards, no cause of action remained against OP. Keeping in view the above, it was submitted by OP that the complainant is not entitled for any compensation and cost and relaxation on the revised bill issued by the OP and prayed that the complaint may be dismissed being devoid of merit.
8. The complainant filed written arguments wherein she argued that her long pending complaints from 2012 to 2015 went unaddressed by OP in serious derogation of her rights as consumer in gross neglect of duty by OP and bills were rectified only when the complainant approached this Forum and that the complainant was not receiving the water bills, as per the water meter installed at her residence and this was a serious lapse over a long duration on the part of OP. Further, she rebutted the arguments of the OP that all available recourses should have been used as baseless by stating that the complainant had mailed the reminders on different email IDs of OP department which were met with no response from their side. Further the complainant received bill for usage of 39,000 liters for three months, despite the fact that the Delhi Government had made free usage of 20,000 liters per month. Therefore, the complainant had sought remedy for the trouble caused by the OP to the complainant throughout a span of three and half years. A copy of the bill dated 25.01.2018, 20.11.2017, 03.01.2017 and 03.01.2016 have been attached by the complainant in support of her contentions.
9. We have heard the arguments of both side and also gone through the evidence submitted by the parties in support of their contentions. It is not in dispute that complainant was having a water connection of OP vide K. No. 00805500000 for which she was getting periodical bills for consumption of water supplied by OP. As per the prevailing policy of government, there was no charge of water bills and the water was being supplied free of charge upto the extent of 20,000 liters per month, per house from the year 2014 and onwards. The complainant had got water bills of different amounts for different periods and the arrears of the water bills were waived off and the bill amount payable was reduced to zero.  The complainant had filed copies of different bills from the year 2009 onwards, when the payment of water bills was being accepted by OP and as such no cause of action arises as per the policy of the government at that time. But after the domestic water consumption upto the extent of 20000 liter per month per house was made free by the present government 2014 onwards, the OP should not have charged the bills for consumption of water. However, the complainant has also not shown to this Forum that she had paid water bills even after water charges were made free by Government. Moreover, the arrears were waived off March 2016 onwards and no payment was made by the complainant. It is worth mentioning the copies of water bills from the year 2009 and onwards were submitted by complainant in the case filed in the year 2016, which were time-barred. The complainant has clubbed the bills for the period 2012-2013 raising dispute there again in the complaint letters dated 26.10.2012 and 08.07.2013 giving her reference to in her representation to OP filed with the complaint which cannot be entertained as being time-barred. Only bills illegally raised 2014 onwards after the new scheme of the current Government was implemented shall be considered for the purpose of deficiency if any on the part of OP in raising bills contrary to Government Policy. The OP had not been able to clarify to this Forum as to why the water bills on average basis were being sent to complainant when there was a meter installed at the residence of complainant. Further, on perusal of bills, it has been seen that the water bills were also being sent by OP to the complainant for different amounts even after the year 2014 onwards, when the water consumption was free upto the extent of 20000 liter per month which the OP waved only in March 2016 after the complaint was filed in January 2016. In our considered view, these lapses on the part of OP of raising arbitrary and unlawful bills on the complainant amount to deficiency in service on their part for which we direct the OPs to pay a sum of Rs. 3,000/- towards mental harassment to the complainant within 30 days from the date of receipt of this order.  
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
11. File be consigned to record room.

(Announced on 29.08.2018)        

 

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member