Haryana

Bhiwani

CC/161/2017

S.K Foills - Complainant(s)

Versus

HUDA - Opp.Party(s)

Vikal Gargi

29 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    161 of 2017

                                    DATE OF INSTITUTION:                 17.11.2017

                                                DATE OF ORDER:                            29.08.2024

 

S.K. Foils Ltd., Plot No.17, Industrial Area, Sector 21, Bhiwani through its Director Sh. Sunder Lal Aggarwal.

 

            ……Complainant.

 

Versus

 

1. Estate Officer, HUDA, Bhiwani.

 

2. Executive Engineer, HUDA, Bhiwani.

 

3. Sub Divisional Engineer, HUDA Sub Division, Bhiwani.

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-        Sh. Narender Panghal, Advocate for complainant.

          Sh. Neeraj Aggarwal, Advocate for OPs.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of this complaint are that a water connection no.21000012 was installed by the OPs on 17.02.1983 to the aforesaid premises of complainant and he was paying bills thereof regularly. It is submitted that the industrial plot is of one acre. Complainant has stated that Ops shown arrears of Rs.81,563/- vide bill dated 07.11.2017. Upon approaching OPs, it was known that the arrears pertains to the year 16.04.1998 to 20.08.1998 and for this period flat rate has been charged.  It is submitted that complainant deposited Rs.1389/- on 18.08.1998 for the period from 16.04.1998 to 15.06.1998 and Rs.1389/- was deposited on 21.10.1998 for the period from 16.06.1998 to 15.08.1998. It is urged that as per OPs, if meter was found out of order then in that  case average bill of 2 months would be charged and that too Rs.1880/- for one acre or the bi-monthly bill on average basis would be charged whichever is higher. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of Ops resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the OPs to rectify the bill dated 07.11.2017 for Rs.81,563/-, further not to disconnect the water connection on the basis of such arrears. Any other relief, to which this Commission deems fit has also been sought.

2.                     Upon notice, Ops appeared and filed written statement raising preliminary objections qua maintainability, locus standi, cause of action and suppression of material facts. On merits, it is submitted that average water bill was issued to the complainant for the period from 16.04.1998 to 15.08.1998 as the water meter was out of order. During the inspection, it was found by the auditor that the bill should have been issued on flat rate basis and not on average basis in terms of circular issued by C.A. HUDA/HSVP which says that flat rate charges shall be levied if the meter remains out of order for more than two months. Thereafter, the amount was calculated by the auditor on the flat rate basis on 3” water connection and that was demanded from the complainant. Thus the complainant is legally bound to deposit the bill amount. As such, denied for any deficiency in service on the part of OPs and prayed for dismissal of the complaint with costs.

3.                     In evidence of complainant, affidavit Ex. CW1/A of complainant alongwith documents Annexure C-1 to Annexure C-5 were tendered and closed the evidence on 10.05.2023.

4.                     On the other side, learned counsels for OPs tendered affidavit Ex. RA of Mr. Balraj Kumar alongwith documents Annexure R-1 to Annexure R-5 and closed the same on 16.05.2024.

5.                     We have heard learned counsel for the parties and gone through the record carefully.

6.                     At the outset, we have perused the disputed bill (Annexure C-5) wherein Rs.81,563/- have been added as arrears but no details of such amount has been mentioned. As per pleadings of the Ops, the amount has been arrears for the period from 16.04.1998 to 15.08.1998. However, perusal of the disputed bill  dated 07.11.2017 reveals that there was water bill of Rs.2970/- for the period from 01.09.2017 to 31.10.2018. Thus the disputed bill sent by complainant was at higher side. Further the OPs have issued bills for the disputed period (Annexure C-1 and Annexure C-3) of Rs.1389/- each and the same have been paid by complainant vide receipts Annexure C-2 and Annexure C-4.  Overleaf of bill(s) Annexure C-1 & C-3) reveals that in case of any disorder in the meter or otherwise, the maximum rates for the industrial plots would be charged as Rs.1880/-.  In this way, also the OPs have charged exaggerated amount from the complainant.

7.                     After having heard learned counsel for the parties and going through the record, it is observed that the OPs have charged the amount of Rs.81,563/- arbitrarily and illegally in the disputed bill whereas it has no basis to stand. Thus the disputed bill dated 07.11.2017 (Annexure C-5) is hereby set aside. In view of the above, the OPs are deficient and negligent in providing proper services to the complainant which must have caused the complainant mental and physical harassment for which, he is entitled to be compensated by the OPs. Accordingly, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)        To issue a rectified bill to the complainant for the disputed period 16.04.1998 to 15.08.1998 on average basis and adjust the amount, if paid in excess by complainant, for future water bills.

(ii)       To pay a sum of Rs.10,000/- (Ten thousand) to the complainant as compensation for harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                        In case of default, the OPs shall be liable to pay simple interest @ 9% per annum on the amounts mentioned against column (ii) & (iii) for the period of default and such amounts shall be paid to the complainant in cash or by other mode of payment and not to be adjusted against the water bills.

                        If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Pending application(s) if any, also stands disposed of. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.        

Announced.

Dated:29.08.2024.