( As per A.A.Jain, Honorable Member)
The Complainant filed this complaint against Opposite Party for seeking various reliefs as per prayer clause.
(1) The Complainant’s case in short is that, he is consumer of O.P. bearing Consumer No. 103508 and consume water supplied by O.P. since year 1995. Complainant alleged that he was not getting the bill since year 1999 of water supplied by the O.P. Then he made application on 18-02-2000 to O.P. then he received bill which the complainant got paid within time. Then again no bill was supplied by O.P., then after application dt. 15-01-2001 t0 O.P. then he received bill and paid by complainant. Then again bill was not supplied since dt. 29-05-2002 so complainant made a application to O.P. that bill was not supplied nor reading was taken hence he will not pay any amount to O.P. Then again no bill was supplied till April 2008 and meter reading was also not taken by O.P. and he issued bill of Rs.10,490/- including interest, penalty etc. Then complainant denied, then again bill of Rs.12,350/- was sent by O.P. Then again 12-09-2009 some officials of O.P. come in the shop of complainant and demanding the amount of Rs.15,540/- immediately including penalty and interest otherwise they will seize the articles of the shop. Then on 18-02-2010 O.P. came along with 10 to 12 persons of his office to the shop of the complainant and forcefully disconnected the water supply connection and also took pipe and phirvile with him through these things belongs to complainant. After receiving notice given by complainant, O.P. phoned call to complainant’s counsel and offered him to settle the matter on only minimum charges of Rs.8456/- till 02/2010, complainant prayed that O.P. be directed to restores the water connection and pay Rs.30,000/- for physical and mental harassment and also pay Rs.30,000/- additional for illegal disconnection of water supply. Complainant also demanded these amount including domestic charges of Rs. 8,456/- taken from the pocket of S.D.E. and officials of opponents. (Exh.1)
(2) In response to notice under Section 13 of Consumer Protection Act, 1986, O.P. appeared and filed his reply. (Exh.9) O.P. denied all allegations of complainant. O.P. denied that complainant has not received water bill. O.P. further submitted that complainant has stated that the above residence is joint Hindu Family residence along with other brother , but he was never asked or inquired from his brother about the water bills which clearly presumed that water bill are regularly issued by O.P. but in between their family dispute the complainant might have avoided to make the payment by him alone hence to their family dispute the arrears increases.
(3) O.P. further submitted that he has disconnected the water supply connection as a ultimate result when complainant refused to make the payment of outstanding arrears on the ground he alone has not utilize the water of O.P. and the other brothers with whom his civil dispute is also going on, has utilize the water of O.P. So O.P. has recovered water bills from them. Then O.P. requested complainant for payment and told him that you are our consumer and you have obtained the said meter connection in your name by filing an application and furnishing all required documents and executing an agreement with M.J.P. Division, so complainant is fully responsible for payment of arrears of water bill. O.P. submit that due to negligent on the part of complainant, himself is negligent on his part he has no locus standi to claim any relief and the complaint filed by him is false, frivolous and required to be rejected with compensatory cost.
(4) On verifying all the submitted record and hearing argument of both the parties only point arose for our consideration whether complainant is entitled for any relief and our finding is in ‘ Partly allowed’, due to following reasons.:-
REASONS
(5) Complainant has not paid water bill after 15-01-2001. This is the mandatory duty of the complainant when he consume the purified water of O.P., then he must have to pay the water charges of O.P. At this juncture, it will not be out of place to take the aid of Sr. No. 13(2) and 14 of the bye- laws of O.P.
Sr. No. 13(2)- “In the case of any dispute where the consumer feels that the charges are more, he shall first make the payment of bill under protest and than file a complaint to the Engineer Incharge”.
Sr. No.14- “If the water bill is lost, it shall be the responsibility of the consumer to approach the Engineer Incharge for the collection of Duplicate copy of water bill. The Board shall not extend the period for payment of water charges on the ground of lost bill and the water bill shall be deemed to have been received within 3 days of the date mentioned on the bill. But complainant failed to pay the water supply bills of O.P.
(6) Complainant alleged that O.P. has not issued water supply bills and O.P. submits that he is always issued the water supply bills to the complainant. If after issuing bills to complainant and he was unanswered that why he has not taken any action and wait for disconnection about 8 years. In case in hand O.P. also has not recovered the amount. O.P. neglected recovery of water dues, only they kept on compounding water bill, delay payment, meter rent etc. for next bill to save the limitation period of recovery. So complainant failed to pay this big pending amount, though O.P. wants to recover only minimum water used charges. Thus in this case both parties are equally responsible for this dispute.
(7) Complainant filed two case laws to support his case :-
(A) 1997 (2)CPR 36 State Consumer Disputes Redressal Commission , KERALA, Water Authority and Anv. Vs. Thankamma Zavier Appeal No. 186/1996, Decided on 29-07-1996.
(B) 1997 (3)CPR 533 S.C.D.R.C. Himachal Pradesh Balam Ram Vs. State of H.P. & others Appeal No. 176 of 1997 Decided on 10-11-1997.
Both case laws are not applicable to the case in hand.
Hence we proceed to pass following order.
ORDER
(1) Complaint is partly allowed.
(2) O.P. is directed to issue pending bills to complainant in four equal monthly installments by charging at “Minimum Charges” and excluding delayed payment charges, within one month from the date of this order.
(3) O.P. is directed after receiving first installment, to restore the water supply connection to O.P. within 15 days.
(4) The O.P. is further directed to change the meter, if so required at the cost of complainant.
(5) Under the circumstances, no order to cost.
