BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 147 of 2018
Date of Institution : 08.05.2018
Date of Decision : 22.04.2019
Dalip Chand, aged 63 years, son of Shri Shankar Ram, resident of House No.54, Block No.2, Sadr Bazar, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
- Haryana Urban Development Authority, through its Chief Administrator, Panchkula.
- Administrator, Haryana Urban Development Authority, Hisar, District Hisar.
- Sub Divisional Engineer, Haryana Urban Development Authority, Sirsa, District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER
MRS.SUKHDEEP KAUR……………MEMBER
Present: Complainant in person.
Smt.Sharda Saharan, Advocate for Ops.
ORDER
The case of the complainant, in brief, is that complainant is allottee of plot measuring 6 marlas bearing No.245 Sector 20, Part-1, HUDA Sirsa. He got the sanctioned of site plan from the Ops and further raised construction on the said plot, for residential house, which was completed on 31.07.1993. Thereafter, the complainant applied for issuance of Completion Certificate with the Ops on 05.08.1993. The Administrator HUDA, Hisar vide office memo No.16578 dated 14.11.2017 had decided the date of completion of construction over the plot No.245 as 1993 and it was also decided for not charging extension fee after 31.12.1993. Before construction, the sanction for water connection was also accorded to the complainant by the Ops vide letter No.725 dated 01.02.1993. The HUDA has fixed the rates for payment of water supply charges to different categories and different sizes plots for the period during construction and post construction and the water charges were fixed at Rs.90/- per month. The complainant was being charged Rs.90/- per month, which is clear from bill bearing book No.46 bill No.4575 wherein the Ops have charged Rs.180/- for two months, duly paid by the complainant vide receipt No.254 dated 22.01.2004. The completion certificate was issued to the complainant on 12.01.2018 vide office letter memo No.Zo003/ Eo009/UE017/OCCER/000000258 dated 12.01.2018 i.e. after a gap of about 24 1/2 years. The Ops have issued notice bearing book No.53 bill No.5231 dated 05.03.2004 demanding Rs.6060/- from the complainant as arrears of water charges. The complainant duly replied the said notice on dated 23.03.2004 whereby he stated that no water charges are due against him and he is ready to make the payment of genuine amount of water charges. The amount of Rs.6060/- has been calculated by the Ops in an illegal and unlawful manner. Vide subsequent letter No.155 dated 19.01.2011, the Ops had claimed a sum of Rs.33,040/- as water charges from the complainant for the period from January, 2004 to October, 2010 which was duly replied by the complainant. Thereafter, vide subsequent letter memo No.2830 dated 29.11.2011, the Op No.3 had claimed a sum of Rs.36,880/- as water charges from the complainant upto 31.10.2011 which was also duly replied by the complainant. In both the letters, the Ops have claimed water charges @ Rs.300/- per month whereas the complainant was liable to pay the water charges @ Rs.90 /- per month and even the Ops also refused to accept the request of the complainant for charging Rs.90/- per month as water charges and the water connection was disconnected on 29.11.2011. Now, the Op No.3 vide letter memo No.32965 dated 20.02.2018 has claimed a sum of Rs.39773/- as water charges @ Rs.300/- per month despite the fact that the complainant is liable to pay the water charges @ Rs.90/- per month. The act and conduct of the Ops clearly amounts to deficiency in service and unfair trade practice on their part. Hence, this complaint.
2. On notice, Ops appeared and filed their joint reply wherein it has been submitted that the present complaint is not maintainable as there is no deficiency in service on the part of Ops. In case of any dispute or settlement regarding water charges, the complainant is bound to make first appeal before the Executive Engineer of the concerned division and revision to the appeal to the Superintendent Engineer of concerned division as per HUDA Water Regulation 2001, Regulation No.20 (C) (III). The complainant has got no jurisdiction to file the present complaint and he has not come to this Forum with clean hands. It is further submitted that as per Haryana Urban Development Authority (Erection of Building) Regulation 1979, Regulation No. 11 (i) Every person who intends to occupy a building or a part thereof shall apply for the occupation certificate in form BR-IV, which shall be accompanied by a certificate in form BR-V duly signed by the Architect/Engineer and as per regulation No.11 (ii) No person shall occupy or allow any other person to occupy any new building or a part therefore for any purpose until such building or a part thereof has been certified by the Estate Officer having been completed in accordance with the permission granted and an occupation certificate has been issued in his favour in form BR-VIII. The complainant had submitted BR-IV on 09.12.2016 and the completion certificate in Forum BR-VII was issued on 12.01.2018 by the Estate Officer, HSVP, Sirsa and the letter No.16578 dated 14.11.2017 was regarding waiving of extension fee and not regarding settlement of water charges. The water connection of the complainant was sanctioned by the Executive Engineer, HSVP Division No.II Hisar vide office memo No.725 dated 01.02.1993 and as per condition No.7, of the sanction letter rates either flat rate or meter rate applicable will be charged as per rules of HUDA/Haryana Govt, as may be from time to time. As per notification dated 18.10.2001 of HUDA, the water and sewer charges were revised and the flat rates for 6 marla category were fixed, as under:
After issue of Before issue of
Occupation Occupation
certificate certificate
6 Marla Single Rs.90/- P.M. Rs.300/-P.M.
6 Marla More than Single Storey Rs.135/- P.M. Rs.300/-P.M.
Since, the complainant had no occupation certificate issued by the Estate Officer, HSVP, Sirsa, therefore, he was liable to pay the water charges @ Rs.300/- per month and the amount of Rs.90/- P.M. deposited upto 12/2003 has been deducted from the arrears of water charges. The complainant had deposited @ Rs.90/- per month upto 12/2003. The balance amount @ Rs.300-90=210/- P.M. for 26 months for the period from 11/2001 go 12/2003 + Bill of Jan. & Feb. 2004 @ Rs.300/- P.M. = Rs.6060/- were demanded by water bill No.5231/53 dated 05.03.2004. This bill includes arrears of water charges amounting to Rs.5460/- without any surcharge/fine + Rs.600/- water charges of two months Jan-Feb 2004 and vide letter No.1706 dated 18.07.2007, 425 dated 25.02.2008, 2122 dated 12.08.2008, 23 dated 01.01.2009, 1484 dated 19.07.2010 and 155 dated 19.01.2011 were issued to the complainant to deposit the pending dues but he failed to do so, therefore, the connection was disconnected on 23.05.2012. Other contentions have been controverted and prayer for dismissal of the complaint has been made.
3. Thereafter, both the parties have led their respective evidence.
4. We have heard learned counsel for the parties and gone through the record very carefully.
5. The complainant, in order to prove his case, has tendered his affidavit Ex.CW1/A wherein he has reiterated all the facts mentioned in the complaint and also tendered documents such as copy of allotment letter Ex.C1, copy of letter for permission raising construction Ex.C2, copy of completion certificate Ex.C3, copy of building completion certificate Ex.C4, copy of letter dated 14.11.2017 Ex.C5, application for water connection Ex.C6, Form of Occupation certificate Ex.C7, receipt of water and sewer charges Ex.C7, report of CM Window Ex.C8, copy of notice dated 05.03.2004 Ex.C9, copy of application of complainant Ex.C10, copy of notice for arrear of water charges Ex.C11, copy of application of complainant for outstanding dues of water connection at plot No.245 Ex. C12, copy of notice for arrear of water charges Ex.C13, copy of application of complainant for outstanding dues of water connection at plot No.245 Ex. C14, copy of notice for depositing the outstanding dues of water charges Ex.C15, copy of application of complainant for outstanding dues of water connection at plot No.245 Ex. C16 & 17, copy of RTI application Ex.C18, copy of notification Ex.C19 and application of complainant for providing ID and Password for sewerage connection Ex.C20. On the other hand, the Ops have tendered affidavit of Sh.Devi Lal, Clerk Ex.RW1/A wherein he has reiterated all the facts mentioned in the reply. The Ops have tendered documents such as Haryana Urban Development Authority Water Regulations Ex.R1, Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 Ex.R2, application for water connection Ex.R3, Notification Ex.R4, Form of occupation certificate Ex.R5, Notice for arrears of water charges bills Ex.R6 to Ex.R11 and letter for outstanding dues for water charges Ex.R12.
7. It is an undisputed fact between the parties that the complainant is allottee of plot No.245, Sector 20, Part-1, HUDA, Sirsa. As per averments of the complaint, on 01.02.1993, the complainant was given sanction for water connection and thereafter, the construction on the plot was completed on 31.07.1993. That the complainant had applied for completion certificate alongwith the certificate of Sh.O.P.Madan, Surveyor/Assessor, which was issued to him on 01.08.1993, but however, the Administrator had decided the matter of completion of building after considering the report of the building committee and waived the extension fee after 31.12.1993. As per settled law, a plot holder is required to pay the water charges @ Rs.300/- per month for a plot upto 6 marla size before completion of construction and after completion of construction, he is required to pay Rs.90/- per month, on account of water charges. As per the contention of the complainant, he has deposited the water charges @ Rs.90/- per month after the completion of building i.e. on 31.07.1993 and he never refused to pay the same rather remained always willing to pay the water charges @ Rs.90/- per month.
8. On the other hand, the Ops are claiming the water charges @ Rs.300/- per month on the ground that the construction of the complainant was not completed till the year 2018, which is evident from the copy of order of the Estate Officer, HUDA dated 12.01.2018. In this way, the complainant is liable to pay all the arrears of water charges.
9. The perusal of the evidence of the complainant reveals that he has tendered his affidavit Ex.CW1/A wherein he has reiterated all the averments mentioned in complaint and he has specifically relied upon the letter Ex.C3 dated 05.08.1993, which was written to the Estate Officer, HUDA regarding the completion of construction work on 31.07.1993. He has also relied upon the building completion certificate dated 01.08.1993 issued by Sh.O.P.Madan, Surveyor/Assessor, wherein he has certified that the building construction has been completed on plot No.245 Sector 20. Further, the complainant has tendered the letter of the Administrator, HUDA Ex.C5 by which it has been ordered that the construction of the house as submitted by the allottee and report given by the committee constituted by this office memo No.7447 dated 26.08.2016, it is clear that aforesaid house had been constructed in the year 1993. Therefore, in view of the instructions issued by the Chief Administrator, HUDA, Panchkula dated 11.08.2016, it has been decided that extension fees of aforesaid plot may not be charged after 31.12.1993.
10. On the other hand, the Ops have furnished the affidavit of Sh.Devi Lal, Clerk, HUDA, who has reiterated on the lines of the pleas taken in the written statement. He has deposed that as per Haryana Urban Development Authority (Erection of Building) Regulation 1979, ever person who intends to occupy a building or part thereof shall apply for the occupation certificate in Form BR-IV, which shall be accompanied by a Certificate in Form BR-V duly signed by the Architect/Engineer and as per Regulation No.11 (ii) no person shall occupy or allow any other person to occupy any new building or a part thereof for any purpose whatsoever until such building or a part thereof has been certified by the Estate Officer having been completed in accordance with the permission granted and an occupation certificate has been issued in his favour in Forum BR-VII. It is further submitted that as per record the complainant has submitted form BR-IV on dated 09.12.2016 and the completion certificate in Form-BR-VII was issued on dated 12.01.2018 by the Estate Officer, HSVP Sirsa letter No.16578 dated 14.11.2017 issued by the Administrator HSVP Hisar is regarding waiving of extension fee and is not regarding settlement of water charges.
11. From the evidence of the complainant, it is apparently clear that once HUDA Authorities had passed the order for waiving of extension fee after considering the report of the building committee that the construction of the building was completed in the year 1993 then the other departments of HUDA cannot claim that the building was not completed in the year 1993. Two different sections of the HUDA cannot take two different pleas qua the completion of the building rather it reflects lapses on their part regarding the issuance of the completion certificate by the HUDA authorities. It is proved fact on record that the complainant had applied for issuance of completion certificate on 05.08.1993 alongwith certificate of Sh.O.P.Madan, Surveyor/Assessor dated 01.08.1993, but however, the officials of the Ops took more than 24 years in deciding the issue regarding issuance of completion certificate. So, it appears from the evidence that they took the matter in very casual and ordinary manner rather continuing to harass the complainant by issuing the different bills of water charges time and again claiming the water charges @ Rs.300/- per month, though their entitlement was only to claim the water charges @ Rs.90/- per month after the date of completion of the building. Since the Administrator, HUDA has considered the report of building committee and thereafter came to the conclusion that the building was completed in the year 1993 and passed the order for waiving off the extension fee after the year 31.12.1993 vide letter dated 14.11.2017, Ex.C5. So, it appears that the Ops are also not entitled to claim the water charges @ Rs.300/- per month after the year 31.12.1993 and are entitled to claim the water charges @ Rs.90/- per month.
12. In view of the above discussion, we hereby allow the present complaint and direct the Ops not to charge water charges more than Rs.90/- per month after 31.12.1993. The Ops are further directed to issue fresh bill, making demand of the arrears of the water charges, within a period of 30 days from the date of receipt of the copy of this order and by serving a 15 days prior notice of payment of arrears of bill to the complainant, if the same has not been deposited by the complainant. The Ops are further directed to adjust the amount of water charges, so deposited by the complainant during this long period of more than 24 years. We also direct the ops to further pay a sum of Rs.3,000/- as compensation and Rs.2000/- as litigation expenses to the complainant. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced in open Forum. President,
Dated:22.04.2019. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
