(Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This is an appeal filed by the original complainant against the order passed by the District Forum, Thane in Consumer Complaint No.52/2004 decided on 30/03/2005. The complainant had filed consumer complaint alleging that he is resident of flat No.004 in building No.D-44 of Sector No.9 of Shantinagar, Mira Road (East), Dist. Thane. Respondent No.1 is the Local Authority constituted under Municipalities Act and respondent No.2 is the builder of the aforesaid Shantinagar Housing complex. The dispute of the complainant was the respondent No.2 had charged exorbitant water charges. He had to supply the water free of charge to the complainant. The complainant’s further grievance was that the respondent No.2 should pay property taxes to respondent No.1 directly since the society of complainant is not given conveyance by the builder, respondent No.2. The forum below after going through the documents placed on record by both the parties held that the grievance made by the complainant had already been turned down by the Hon.High Court. Therefore, the forum below had no right to interfere the matter. Hence, it dismissed the complaint. Against the dismissal, the original complainant filed this appeal.
(2) We have gone through the impugned order and the order passed by the Hon.High Court in Writ Petition No.2223/98 in which it is held that under the provisions of the Maharashtra Municipalities Act, the liability to pay municipal taxes vests with the petitioners, who are the owners and occupants of their respective properties. The Municipal Council cannot be restrained from recovering the same. Properties in question have been duly assessed. The petitioners who were parties to the assessment proceedings have not even impugned the assessment. They cannot avoid payment of taxes on the ground that there is certain agreement between them and the builder. So Writ Petition filed by the flat holders including complaint was dismissed. By filing consumer complaint before the district forum, the complainant cannot re-agitate that issue. We are finding that the forum below rightly summarily dismissed the complaint. Moreover, we had issued notice to both the parties. Today, Adv.Manisha Savekar appeared for the respondent No.1, Mira-Bhayandar Municipal Corporation. None is appearing for the appellant and respondent No.2. Hence, on the perusal of the impugned order, we are not finding any substance in the appeal. Hence, the appeal.
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 30th November, 2011.
