NCDRC

NCDRC

RP/3057/2010

DELHI JAL BOARD - Complainant(s)

Versus

JAGDISH LAL - Opp.Party(s)

MRS. ARTI BANSAL

08 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3057 OF 2010
 
(Against the Order dated 07/04/2010 in Appeal No. 62/2010 of the State Commission Delhi)
1. DELHI JAL BOARD
Govt. of NCT of Delhi, Varunalaya Bhawan, Phase-II, Karol Bagh
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. JAGDISH LAL
R/o. 2183/9, 1st Floor, Shora Kothi, Subzi Mandi
Delhi - 110007
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MRS. ARTI BANSAL
For the Respondent :NEMO

Dated : 08 Nov 2010
ORDER

Delay of 22 days in filing the revision petition is condoned.

          Water connection, which stood in the name of the respondent on the first floor, was transferred in the name of one Chanchal Kumari.  Respondent/complainant sought restoration of the water connection in his name.  District Forum allowed the complaint and directed the petitioner to restore the water connection in his name; to

pay Rs.3,000/- by way of compensation and Rs.2,000/- by way of costs.

 

 

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          Appeal filed by the petitioner has been dismissed by the State Commission.

          Fora below have given a direction to the petitioner to restore the water connection in the name of the respondent/complainant and in case there is a dispute between the respondent and Chanchal Kumari, then to get the same decided by a civil court; that the petitioner did not have the jurisdiction to decide the question of ‘Title’. 

          We agree with the view taken by the fora below.  Petitioner Delhi Jal Board did not have the jurisdiction to decide the question of title.  Petitioner had transferred the water connection standing in the name of the respondent/complainant in the name of Chanchal Kumari taking her to be the owner of the house.  Question regarding the title could not have been decided by the petitioner and the parties should have been left to get their title decided from the civil court.  Since the water connection stood in the name of the complainant/respondent, the same could not be transferred in somebody else’s name without


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any authorization given by the complainant or by court of competent jurisdiction.  No merits.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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