CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 81/2012
Smt. Kusum Jain
W/o Sh. S. L. Jain
R/o C-24, Friends Colony,
New Delhi-110065 ……Complainant
Versus
The Zonal Revenue Officer (S)-II
Delhi Jal Board
Jal Sadan, Lajpat Nagar,
New Delhi ……Opposite Party
Date of Institution : 02.03. 12 Date of Order : 26.09. 15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
The facts as alleged in the complaint are that Complainant is the registered consumer of water connections No.4877, K.No.1280215454, No.4878, K.No.1280215455 and No.4879, K.No.1280215456 in property No.C-24, Friends Colony, New Delhi. All these three domestic water connections are installed at her premises. She had been using the domestic water connections for residential purposes and never misused the same. OP had issued the regular consumption bill under domestic category C-1 in respect of her water connections No.4877 & 4879 upto the billing month of April, 2007 and May, 2007 respectively and upto the billing month of January 2008 in respect of water connection No.4878. All of a sudden the regular bills were started raising on non-domestic tariff under category C-II from the billing month (cycle) January 2008 in respect of water connections No.4877 and & 4878 and in respect of water connection No.4879 the non- domestic tariff was levied from the billing cycle of February, 2008 without any show cause notice or opportunity to be heard. On receipt the bills of non-domestic tariff under category C-II, she visited the office of OP to know the reason but no satisfactory reply was given by the OP. Thereafter she regularly visited various offices of OP for rectification of the bills but the bills were still being raised under category C-II. She made her representation dated 22.07.2010 to the OP and intimated that her premises No.C-24, Friends Colony, New Delhi was lying vacant and requested for temporary disconnection of water connection No.4877 and also requested for reversion of the bills under category C-1 from C-II followed by reminders dated 07.08.2010, 10.08.2010 and 18.08.2010 but no action has been taken by the OP. She received the bills upto 22.08.08 on actual consumption basis but after that the bills were raised on provisional basis, adhoc, reading detained and meter stopped etc. without details in respect of water connection No.4878. She also sent a representation dated 30.10.2010 in respect of water connection No.4877 which was duly received in the office of OP on 03.11.2010 regarding provisional bill No.113540 dated 11.10.2010 for an amount of Rs.800/-. The reading for the water connection No.4877 was taken on 20.08.2010 and the reading in the meter was 6228 KL and she made the payment upto reading 6228 KL. She requested for adjustment of the provisional bill of Rs.800/- dated 11.10.2011 and it was also requested that necessary rectification be carried out in the future bill. She is a senior citizen and facing hardship as she has been making the payment of the regular water bills being raised by the OP under category C-II. She also sent a legal notice dated 16.01.2012 to the OP but no reply has been received by her. Therefore, pleading deficiency of service on the part of OP. Complainant has prayed as under:-
- to direct the OP to revise the bills on the actual consumption basis on domestic category C-I instead of non domestic category C-III from the date of charging the bills under category C-II.
- to direct the OP to refund the excess amount charged/recovered from her in the regular bills under category C-II in respect of all three water connections bearing No.4877, 4878 and 4879.
- to direct the OP to pay a sum of Rs.15,000/- towards compensation for mental agony suffered by the Complainant.
- to direct the OP to pay a sum of Rs.7500/- as litigation charges.
OP in its written statement has stated that initially water connections were sanctioned for domestic use in category C-1 but the Complainant had started misusing the water for commercial use instead of domestic use. As per orders dated 21.09.2007 and 25.01.2008 of ZRO (W) South-II the water connections bearing No.4877, 4878 & 4879 were changed from C-I to C-II. The bills of existing water connections 4877 & 4879 were raised in category C-I on reading basis and water connection No.4878 on an average basis @ 30 KL per month. The category of three water connections was changed from category C-I to C-II as a nursing hostel running in the premises and the water was being used for commercial purpose. Complainant submitted an application in the office of OP vide diary No.3682 dated 23.07.2010 after closing the Nursing Hostel and requested for the change of category and disconnection of the three water connections. The necessary action for change of category from C-II to C-I w.e.f. 23.07.2010 was taken as well as the final water bills alongwith disconnection charges were issued to the Complainant as per the following details:
- Connection 4877 – Rs.4087 + Rs.100 = Rs.4187 dated 18.08.2010.
- Connection 4878 – Rs.1147 + Rs.100 = Rs.1247 dated 18.08.2010.
- Connection 4879 – Rs.3015 + Rs.100 = Rs.3115 dated 18.08.2010.
After the representation of the Complainant the full and final bills were raised, which were duly paid by the Complainant and thereafter no bills are being raised. OP has prayed for dismissal of the complaint with costs.
Complainant has filed rejoinder to the written statement filed by the OP.
Complainant filed her own affidavit in evidence while affidavit of Abha Tyagi, ZRO, South -II has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
Admittedly, the Complainant had three water connections bearing No.4777, 4778 & 4779 in the premises which were sanctioned for domestic use in category C-I. She leased her house from 01.11.2005 to 31.07.2010 for residential purpose to Fortis Escorts Heart Institute. A copy of letter dated 29.11.13 issued by Fortis Escorts is Annexure-A wherein the Fortis Escorts has stated that the premises was in their possession and was exclusively used by their staff for residential l purpose and no commercial activities were carried there. A copy of lease agreement from September 2005 to 1st November 2008 i.e. for three years and lease agreement from 1st September 2008 to 1st November, 2011 (copy annexure-B & C.) Annexure-D relates to case filed by the Complainant before Consumer Grievance Redressal Forum (BRPL), Push Vihar, New Delhi. The Forum vide order dated 03.12.2011 held that there is a deficiency in service on the part of the respondent. The Forum directed that:-
“The misuse charges on account of conversion of category done by the respondent should be removed from the date it was levied as it was not done as per the law/regulations and necessary dues which have already been recovered from the consumer are adjusted or paid back…”
In view of the above, it transpires that the Complainant had given on lease the premises No.C-24, Friends Colony, since November 2005 to July 2010 for residential purpose to the staff of Fortis Escorts. The Complainant vide application dated 23.07.2010 after completion of the lease to the Fortis Escort requested the OP to change the category from commercial to residential and disconnection of three water connections. The OP vide order dated 18.08.2010 changed connections No.4877, 4878 & 4879 from commercial purpose to residential purpose after the payment of the final bill by the Complainant. The OP has not filed the bills for the period in dispute which means that the averments made in the complaint have remained unchallenged and uncontroverted. Therefore, we hold that OP has committed deficiency in service.
In view of our discussion, we allow the complaint and direct the OP to give adjustment in respect of the bills charged in excess for the period in question, to pay Rs.8,000/- for mental pain and agony and Rs.2,000/- for cost of litigation to the Complainant within 30 days from the date of receipt of this order.
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 26.09.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
