DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.172/2016

Sh. Shiv Kumar Poddar

S/o Sh. Moti Sao Poddar

Flat No.24, 2^nd floor,

Nehru Nagar Market,

New Delhi-110065                                                            ….Complainant

Versus

Delhi Jal Board

Through its Zonal Revenue Office,

Lajpat Nagar,

New Delhi-110024                                                         ….Opposite Party

                                                  Date of Institution        : 07.06.16                Date of Order     : 01.10.18   

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Brief facts of the case as stated by the complainant are:-

1. The complainant, Sh. Shiv Kumar Poddar hereinafter referred to as the complainant is employed as a chaukidar and resides in Flat No. 24, 2^nd Floor Nehru Nagar Market, Delhi. A multi jet water meter was installed by the DJB (OP) on May, 2011 at his residence. Since then regular reading was taken up to February, 2014 but no bill was raised to the complainant according to the meter reading. The complainant wrote to DJB for sending the water bills till February, 2014 and after installation of multi jet water meter but to no avail. On February, 2014 he received a bill worth Rs.14,136/- for the period of 27^th September, 2013 to 31^st January 2014.
2. The complainant on receiving such a big amount for a water connection was shocked and went to DJB for redressal of his grievance but the DJB’s officers informed him that he will have to pay the amount on the bill received or water supply will be disconnected. He was also assured by the DJB’s officers that he will get a rebate on the aforesaid amount. After getting rebate the bill amount calculated and net payable amount was Rs.9953/-. The complainant finally paid the bill of Rs.9953/- way of cheque to DJB.
3. To his utter shock and dismay the complainant received another bill on September, 2014 amounting to Rs.7434/- wherein the rebate amount of Rs.4183/- which was given to him on his previous bill was again added as arrear. The complainant states that he was again assured by DJB officer that the excess amount will be adjusted later on and he will be given credit.
4. The DJB officers also directed the complainant to replace the installation point of water meter from 1^st floor to 2^nd floor where the complainant resides. Accordingly he replaced the water meter installation point to his own floor. The complainant averred that after the replacement of the meter, reading of the water meter has been taken twice but no bill was sent to him. On enquiring he was informed that his meter reading was slow, therefore it was alleged that some illegal connection was being used in his house.  He requested the DJB officers to visit his house anytime to check the illegal connection, if any, in his house.
5. The complainant averred that there is no electricity connection also in his house since 2009. He had lodged a complaint to BSES against the occupant of first floor on 18.06.06 and there is a case pending in the Delhi High Court against the occupant of the first floor premises. He further states that he does not even have any water storage tank and he had installed solar home light system in his house. The complainant further states that the present Govt. of Delhi has announced free supply of water upto 20000 liter per month to each user having installed an approved water meter. Accordingly, the complainant states that he is entitled to this scheme of the Govt. as he has an approved water meter in his name.
6. The complainant further states that his consumption is not more than 4000 liter. per month. It is stated that the meter reading of 268.15 units was taken from June, 2009 to 31^st May 2016. Accordingly his present bill should have been nil but he has received a bill amounting to Rs.20,592/-. The complainant despite writing applications and visiting the office of DJB could not get any redressal of his grievance. Hence the present complaint with the prayer to look into his grief and resolve the disagreement with the DJB and eliminate his regret and sorrow. It is further stated that he has received is fearfully large water bill. It will have a great impact on his financial position if he is made to pay such exorbitant amount.

2.       Notice was served upon the OP but none put in appearance on their behalf, hence OP was proceeded exparte on 25.10.16.

3.       Exparte evidence has been filed by the complainant. To support his case the complainant has placed on record the copy of bill dated 03.02.14 for Rs.14843/-, a copy of the receipt No.8242  regarding installation of magnetic multijet water meter in the name of chaukidar,  copy of the complaints dated 10.06.15, 01.07.15, 03.07.15 made to the OPs, copy of the bill dated 08.09.14 for Rs.7434/- for the period 31.01.14 to 25.08.14 & bill dated 06.06.15 for Rs.13243/- for the period 04.03.15 to 15.05.15 raised by the OP and payment receipts of the bills.

4.       As the complainant has been representing his case himself no written arguments have been filed.

5.       The oral arguments of the complainant are heard and we have gone through the record very carefully.

6.       Averments made in the complainant and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.

7.       On perusal of the complaint and the accompanying documents it is observed that Sh. Shiv Kumar Poddar had been receiving the water bill by the name of Chaukidar and on 20.02.14 he received a bill amounting to Rs.14136/- for a period of 27 Sept. 2013 to 31^st Jan, 2014. He was shocked to receive a bill of such hefty amount. He visited the DJB office and after meeting officials there it was settled amongst them that he will pay Rs.9953/- and will get a rebate of Rs.4183/-. He paid the amount calculated minus the rebate under the pressure that if does not pay the bill his water meter will be disconnected.

8.       On September, 2014 he received another bill of Rs.7,434/- wherein the amount which was rebated in the previous bill was added as arrears charged. It is further stated that he paid the bill of Rs.7,434/- under protest and with the promise of the DJB officers that the excess amount will be either credited or adjusted in his next bill.

9.       It is pertinent to mention that the complainant does not have any electricity connection nor does he possess any water tank for the storage of water. As per complainant his water meter reading of 5 years i.e. from June, 2009 to 31st May 2016 is just 268.15 units. He is shocked to receive a bill amounting to Rs.20,592/- for the period of 18.12.15 to 22.02.16. He has moved many applications and visited the DJB’s office himself to rectify the bill but to no avail.

10.     Considering the unrebutted case of complainant, this Forum is the opinion that the bill of Rs.20,592/- of the period December, 2015 to February 2016 ought to be quashed. Ordered accordingly, the DJB is directed to raise a fresh bill on the basis of actual consumption as per meter reading. Since the water meter reading was in dispute since 2014 sufficient time should be granted to the complainant to pay the bill. DJB shall not raise a demand for surcharge in the fresh bill as the bill had remained under adjudication. Fresh bill be raised considering the schemes and policy of the Govt.

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 01.10.18.