| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No.279 of 19.7.2017 Decided on: 18.1.2023 Gulzar Singh S/o S.Sampuran Singh R/o # 30, St. No.3, Kamal Colony, Sirhind Road, Patiala. …………...Complainant Versus Municipal Corporation, Patiala through its Commissioner. …………Opposite Party Complaint under the Consumer Protection Act QUORUM Sh. S.K.Aggarwal, President Sh.G.S.Nagi,Member ARGUED BY Sh.Inderpal Singh, counsel for complainant. Sh.Nazar Singh, counsel for OP. ORDER S.K.AGGARWAL,PRESIDENT - The instant complaint is filed by Gulzar Singh (hereinafter referred to as the complainant) against (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- It is averred that the complainant got water sewerage connection on 25.11.2014 vide account No.GK-4221/L-24/P-21 and paid Rs.2710/- as security fee, installation fee, connection fee and other expenses with the OP against which receipt has also been issued by the OP. It is further averred that the OP issued bill of Rs.3523/- for the period from 25.11.2014 to 31.12.2016 (25 months 5 days) which the complainant paid on 17.5.2017. It is further averred that the complainant was surprised on receipt of second bill on 1.6.2017 of Rs.5040/- for the period from 25.11.2011 to 25.11.2014.The complainant approached the office of OP with the request to withdraw/cancel the said bill, the same being three years back from the installation of connection. But the OP did not pay any heed to the request of the complainant. There is thus deficiency in service and unfair trade practice on the part of the OP, which caused mental agony and harassment to the complainant. Hence this complaint with the prayer to accept the same.
- Upon notice, OP appeared through its counsel and filed the written statement taking various preliminary objections. On merits, it is averred that sewerage connection of the complainant was running illegally as was detected by the officials of the OP and the same was regularized in the name of the complainant as per the Govt. Policy, issued vide letter No.2/2/2003-3LG4/2582-2585 dated 21.12.2012.It is averred that complainant paid Rs.2710/- on account of regularization of the illegal sewerage connection vide G8 No.490/73 dated 25.11.2014. It is also admitted that the OP raised demand for the period from 25.11.2014 to 31.12.2016 of Rs.3523/- which was paid by the complainant vide G8 No.1138/3 dated 17.5.2017. It is averred that bill No.515/18 dated 1.6.2017 of Rs.5040/- was issued to the complainant on account of payment of sewerage charges of previous three years as per Govt. policy. As such there is no deficiency in service or unfair trade practice on the part of the OP. After denying all other averments of the complainant, OP prayed for the dismissal of the complaint.
- In order to prove his case, complainant furnished his affidavit, Ex.CA alongwith documents Exs.C1 to C5 and closed the evidence.
- On the other hand, OPs tendered in evidence Ex.OP1 affidavit of Kawaljit Singh, clerk alongwith documents, Ex.OP2 copy of security receipt dated 25.11.2014 of Rs.2710/-, Ex.OP3 copy of bill No.515/15 dated 17.5.2017,Ex.OP4 copy of receipt No.1138/3 dated 17.5.2017, Ex.OP5 copy of bill No.515/18 dated 1.6.2017,Ex.OP6 copy of Govt. policy memo No.2/2/2003-3SS4/2582-2585 dated 21.12.2012,Ex.OP7 copy of Govt. policy No.2/2/2003-5SS4/199 dated 16.6.2016, Ex.OP8 authority letter and closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The only claim sought for by the complainant is to give a direction to the OP to withdraw/cancel the bill dated 1.6.2017, the same being illegal and also to pay compensation and costs of the complaint.
- Admittedly, complainant got the water sewerage connection on 25./11.2014 and deposited an amount of Rs.2710/- on the same day vide receipt, Ex.C1. Thereafter, OP issued bill dated 17.5.2017, for the period from 25.11.2014 to 31.12.2016, for an amount of Rs.3523/-.The complainant paid the said bill vide receipt,Ex.C3, on 17.5.2017. Surprisingly, OP issued bill dated 1.6.2017 for the period from 25.11.2011 to 25.11.2014 for an amount of Rs.5040/- on account of payment of sewerage charges of previous three years as per Govt. policy.
- It is suffice to mention here that since the connection in question was got installed by the complainant on 25.11.2014 then how the OP can ask to the complainant to pay the bill of Rs.5040/- for the period from 25.11.2011 to 25.11.2014 i.e. prior to three years from the date of release of connection in question.Further, as per the information provided by Xen/WS & S, Ex.C5, the sewerage system of Kamal Colony was handed over to the OPs only on 2.9.2013 and as such the claim of the bill from 25.11.2011, when the system was not operational, is unjustified. Moreover, the OP has also failed to place on record any document to show that any opportunity of being heard was given to the complainant before issuing the bill in question. Therefore, the bill dated 1.6.2017, issued for the period from 25.11.2011 to 25.11.2014 of Rs.5040/- is illegal and is not acceptable and is therefore, liable to be cancelled/withdrawn by the OP.
- In view of our above opinion, we partly allow the complaint and direct the OP to cancel/withdraw the bill dated 1.6.2017 of Rs.5040/-and restrained them to recover the amount of the said bill from the complainant. The OP is also burdened with Rs.2000/- to be paid to the complainant as costs of litigation, within 30 days, from the date of the receipt of certified copy of this order.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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G.S.Nagi S.K.AGGARWAL Member President | |
