DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI.

Sita Devi

W/o Sh. Kishan Lal

R/o H. No. 3216,

Gali no. 8, Ranjit Nagar, New Delhi

                                                                                                                                    ..........Complainant

Versus

Delhi Jal Board

Zonal Revenue Officer (West)-II

Govt. of NCT of Delhi, Rajender Nagar,

New Delhi-110008

..........Respondent/OP

ORDER

Per Sh. Rakesh Kapoor, President

The complainant is owner and in occupation of property no. 32106 Gali no. 1, Ground Floor, Ranjit Nagar, new Delhi. She has been in possession of the aforesaid property since last more than 6-7 decades where she is residing with her family members.   The property is also assessed in the name of the complainant in the office of Municipal Corporation of Delhi. She has a ration card of the aforesaid address where an electricity connection has been installed in her name. She had applied for a new water connection in the month of November 2012 with the OP which has not been released to her.  Hence, the complaint.

    The OP has contested the complaint and has filed a reply. Para 3 , 4 and 5 of the preliminary objections of the written statement reads as under:-

3. That it is pertinent to mention here that the title of the property is totally disputed. A water connection is already exists in the name of one Roopmati in the said premises.

4. That during the course of completion of the formalities, one complaint made by Roopmati, Dulari and Durga came before the D.J. B. along with a copy of the complaint made before the S.H.O. , P.S. Ranjeet Nagar, Delhi dated 06.2.2013 claiming that Sita Devi is my tenant last 20 years. Copy of the same is annexed herewith as Annexure –A & B. Roopmati also produced a Relinquishment Deed dated 01.2.2013 , Election I Card, Ration Card, Site Plan, Water Bill and Electricity Bill issued on the same premises. The copies of the same are annexed herewith as Annexure C to H.

5. That without having an absolute ownership Smt. Sita Devi executed a G.P.A. in favour of her daughter Smt. Geeta and later on daughter Geeta given a N.O.C. to her mother Sita Devi, shows their malafide intentions. The complainant has neither proper ownership proof nor she is admitting herself as tenant.  In these circumstances, the present complaint is not maintainable in the eyes of law and the same is liable to be dismissed with cost.

     The OP has contested the complaint on merits and has claimed that the complaint is without merits and is liable to be dismissed.

    We have heard arguments advanced at the bar and have perused the record.

    The Op has not denied that the complainant is residing at the given address and is assessed to house tax in the Municipal record. It is also not denied that the complainant is holding a ration card and the electricity connection is installed in her name and the premises in question.   In view of this , the OP could not have refused to install a water connection at the premises on the ground that a complaint had been received that she was not the absolute owner of the premises in question. It is not for the oP to ascertain as to who is the owner of the premises in question. Its primary duty is to supply water to the residents and to install a  connection for the said purpose.  We, therefore, hold that the OP was deficient in rendering services to the complainant. We direct the OP as under:-

1. Install a water connection in favour of the complainant and the premises in question within 15 days.
2. Pay to the complainant a sum of Rs. 7,500/- as compensation for pain and agony suffered by her.
3. Pay to the complainant a sum of Rs. 2500/- as cost of litigation.

      The above amount shall be paid by OP to the complainant within 30 days from the date of this order failing which  OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OP fails to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act.

Copy of the order be made available to parties free of cost as per law.

    File be consigned to R/R.

   Announced in open sitting of the Forum on_____________

   (NUPUR CHANDNA)            ( RAKESH KAPOOR )

    MEMBER                   PRESIDENT