Chandigarh

DF-I

CC/302/2023

R.L.ARORA AGED ABOUT 75 YEARS SON OF LATE SH. JIWAN DASS - Complainant(s)

Versus

MUNICIPAL COMMISSIONER - Opp.Party(s)

14 Oct 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/302/2023
Date of Institution	:	14/06/2023
Date of Decision	:	14/10/2024

 

R.L.Arora aged about 75 years son of Late Sh.Jiwan Dass, resident of House No.4, Second Floor, Sector 21-A, Chandigarh.

Complainant

 

Versus

 

The Municipal Commissioner, Municipal Corporation, Sector 17, Chandigarh.

 

...Opposite Party

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	Ms.Gagandeep Kaur, Advocate for OP.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant is a retired govt. employee and 75 years old senior citizen is residing as a tenant at the Top Floor of House No.4 Sector 21-A, Chandigarh. Two number water meters are installed for the occupants of above said house. One meter for the occupants of ground floor plus first floor and second water meter is exclusively for the complainant i.e. top floor of the above said house. The door to door garbage collection service was previously provided by the Residents Welfare Association, Sector 21, Chandigarh and the association provided the service upto 31.03.2021 and the charges Rs.900/-paid to Association for one year period ending upto 31.03.2021 (Annexure C-1) and thereafter a private service provider provided the above said service for the months of April and May 2021 @ Rs.100/- per month. The complainant received a water bill dated 25.06.2021 for the top floor which contained a sum of Rs.1,000/- as arrears of door to door garbage collection charges for the period of January 2021 to May 2021 and the similar amount of Rs.1,000/- was also debited to the occupants of ground floor plus first floor (Annexures C- 2 and C-3). The complainant made a request on dated 13.07.2021 (Annexure C-4) before the O.P. that the garbage collection service was provided from the last week of June 2021 and arrears charged in the bills for the period January 2021 to May 2021 are unjustified as well as unlawful. The complainant submitted a letter as a reminder dated 18.08.2021 (Annexure C-5) requested the OP for redressal of the grievances of the complainant but there has been no response from the OP. It is further stated that the notification of Chandigarh Administration Department of Local Govt. “solid based management bye-laws 2018” (Annexure C-11) and as per this notification under schedule 1 page No.30 user fee has been mentioned as Rs.200/- per  month from each premises/house covered under area 200 sq.mts to 500 sq.mts. The complainant sent a legal notice dated 18.08.2022 (Annexure C-15) to the OP, but the OP gave no response. Hence, is the present consumer complaint.
2.     OP contested the consumer complaint, filed its written reply and stated that the instant complaint fails itself on the grounds of the bye-laws not adhere to, as Chapter IX, clause 13, sub clause (g) clearly mentions the Appellate Authority if any person is not satisfied with the decision of Authorized Officer (MOH), he can file an appeal to appellate authority designated by the Commissioner, Municipal Corporation, Chandigarh. The same being taken up on filing of an appeal as sub clause (f) any violation under these bye-laws may either before or after the institution of the challan, be compounded by the Commissioner or by any authorized officer of MC Chandigarh subject to payment of the compounded amount by the person. Thus, without following an appropriate procedure and availing the remedy, on this ground the complaint needs to be dismissed. It is further stated that the complainant is availing the services from the OP, in which regard the bills have been issued an amount of Rs.200 per month dated 25.6.2021 was issued to the complainant (Annexure R-1 & 2). The bills have been issued as per the schedule as per category falling over 200 sq.mtr. per month per each premises/house/dwelling unit/flat per month, the connection charges assessed by the authority is Rs.3600/-. The copy of schedule is annexed as Annexure R-2 & 3. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the complainant & learned counsel for the OP and gone through the record of the case.   
6.     The main grievance of the complainant is that the OP have raised an illegal demand of Rs.1000/- towards garbage collection charges for the months of January 2021 to May 2021 (5 months) wherein no service was provided by OP for the said period.
7.     On perusal of Annexure C-1, it is observed that the complainant has paid garbage service charges to the citizen’s association of sector 21, Chandigarh upto 31^st March 2021 and for the month of April 2021 & May 2021, the complainant has paid garbage collection charges to the “Chandigarh door to door garbage collector society”. So the complainant has paid garbage collection charges to various agencies from January 2021 to May 2021. We have perused para 7 of reply on merits of OP. The OP has taken a stand that the said amount of bill was raised qua the complainant as per water bye-laws Annexure R-1. We have also perused Annexure R-1, which is schedule I, user fee for solid waste management. It does not show as to from which date these charges shall come into effect. In view of above discussion, it is crystal clear that the complainant has got the garbage collection done for 5 months from private operators, after making necessary payment to them. It is also an admitted fact by OP that it charged Rs.1000/- from the complainant for the said period, which in our view are required to be refunded or adjusted in the further bills. Hence in view of the above the complaint is disposed off with direction to OP to adjust Rs.1000/- in the further bills to be raised, towards garbage collection charges.
8.     Pending miscellaneous application, if any, also stands disposed of.
9.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

14/10/2024			[Pawanjit Singh]
Ls			President
			[Surjeet Kaur]
			Member
			[Suresh Kumar Sardana]
			Member