Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

Heard Adv. Ms. P. Warudkar for appellant. None for the respondent.

1.      This appeal is filed by the original complaint whose complaint against the Executive Engineer, Water Department of Nagpur Municipal Corporation, is dismissed by the District Consumer Forum, Nagpur by its order dtd.15.07.2006 in CC No.141/2006.

2.      The complainant is having water connection for residential purpose.  The water tap is of 15 mm. The complainant was slapped with exorbitant bill of `36,026/- since he was using the said premises for running the school.  According to Adv. Ms P Warudkar, the appellant should have been charged for the water @ `50/- per month for water tap connection of 15 mm, which is for residential purpose. However, the o.p. / respondent herein sent exorbitant bills to the complainant / appellant herein on 15.01.2004 and on 22.04.2004, to avoid disconnection of water supply, complainant paid initially `11,000/- under protest and further an amount of `10,000/- was recovered from the complainant under duress and then he filed the consumer complaint.

3.      According to Ld. Counsel for the appellant, the rate applied for the water by o.p. – Nagpur Municipal Corporation, is not correct. Appellant is having water tap connection of 15 mm for his residential purpose. Therefore, the rate should have been `50/- per month for the water tap of 15 mm.

4.      The Forum below in its detailed order held that the complaint is devoid of any substance and accordingly dismissed the complaint. Aggrieved by dismissal of the complaint complainant has filed this appeal.

5.      Upon hearing the Ld. Counsel for the appellant, we are finding that there is no substance in appeal.  What rate should be applied to a particular house is an administrative discretion of the authority of Municipal Corporation. The complainant / appellant herein should have knocked the doors of Nagpur Municipal Corporation and pointed out particular provision of Government Notification r/w Standing Committee Resolution about actual application of particular rate in her case.  Instead of doing so, appellant has unnecessarily filed consumer complaint.

6.      In the circumstances, we don not find any substance in the appeal, hence, we pass the following order:-

ORDER

1.      Appeal is dismissed.

2.      No order as to costs.

3.      Copy of this order be supplied to the parties free of cost.

Pronounced on 29.04.2011.

sj