BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No:11 of 2008<br /> Date of Institution:04.02.2008<br /> Date of Service:27.02.2008<br /> Date of Decision:24.07.2008<br /> <br /> <br /> Avinash Garg (aged 50 years) son of Sh.Milkhi Ram, resident of Street No.7, House No.375/4, Ram Ganj Mandi, Moga, Tehsil & Distt.Moga.<br /> <br /> Complainant.<br /> <br /> Versus<br /> <br /> Municipal Committee, Moga through its Executive Officer.<br /> Opposite Party<br /> <br /> Complaint Under Section 12 of the<br /> Consumer Protection Act, 1986.<br /> <br /> Quorum: Sh.J.S.Chawla,President.<br /> Smt.Bhupinder Kaur, Member.<br /> <br /> Present: Sh.Rajnish Goyal, Adv.counsel for the complainant.<br /> Sh.Kuldeep Sahni, Adv.counsel for the OPs.<br /> <br /> (J.S.Chawla, President)<br /> Sh.Avinash Garg complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against Municipal Committee (wrongly written in place of Municipal Council), Moga through its Executive Officer (herein-after referred to as ‘MC’) directing them to set aside the bill dated 20.09.2007 Rs.4275/- and subsequent bill dated 13.11.2007 and also to pay Rs.50000/- as compensation for causing mental tension and harassment beside Rs.10000/- as costs of litigation.<br /> 2. Briefly stated, Sh.Avinash Garg complainant resident of Ram Ganj Mandi, Moga has obtained water & sewerage connection no.132-D/16 from the OP-MC after depositing the requisite charges. That the complainant has been paying the bills regularly and nothing is due against him. That in the month of September 2007, the complainant received a bill no.11427 for a sum of Rs.4596/-, out of which Rs.6/- has been shown as water charges, Rs.315/- of sewerage charges and a sum of Rs.4275/- has been shown as misc charges. That the complainant approached the office of OP-MC to know about the misc charges claimed vide aforesaid bill, but no satisfactory reply has been given by the officials of the OP-MC. However, one official of the OP-MC told him that the said misc.charges have been shown in the bill by inadvertence and advised him to deposit the said amount and the same will be adjusted in the subsequent bills, but the complainant refused to do so. Thereafter, the complainant received another bill dated 13.11.2007 in which balance of Rs.4596/- has been shown as arrears. That the complainant has made the payment of the entire bills issued by the OP-MC except the disputed bills and now the OP-MC is illegally claiming the above said disputed amount from him and they further threatened him that in case he failed to make the payment of the above said bills, then they will disconnect his water connection. That the demand of the OP-MC regarding the bills in dispute is totally illegal and against the provisions of the law and they have no right to disconnect the water connection of the complainant. Hence, there is deficiency in service on the part of the OP-MC. That the aforesaid act and conduct of the OP-MC had caused great mental tension and harassment to him. Hence the present complaint.<br /> 3. Notice of the complaint was given to the OP-MC. They appeared through Sh.Kuldeep Sahni Advocate and filed written reply contesting the same. It was averred that the complainant has applied for water & sewerage connection and the same was sanctioned on 26.02.2003. That the complainant paid the bills of water connection, but did not pay for sewerage connection for the period w.e.f. January 2003 to March 2007 and the total arrears come to Rs.4275/-. That the amount so calculated was inadvertently mentioned under misc. head, but the same was corrected in the subsequent bill for the period 07-09/07 bearing no.113/27. Hence, there was no deficiency in service on the part of the OP-MC. All other allegations made in the complaint were specifically denied being incorrect. Hence it was prayed that the complaint filed by the complainant is false and frivolous and the same be dismissed with costs.<br /> 4. In order to prove his case, the complainant tendered in evidence his affidavit Ex.A1, copies of receipts Ex.A2 to Ex.A8, copies of bills Ex.A9 to Ex.14, further affidavit of complainant Ex.A15 and closed his evidence.<br /> 5. To rebut the evidence of the complainant, the OP-MC tendered affidavit Ex.R1 of Sh.Brij Mohan, copy of sewerage connection register Ex.R2, copy of water meter record Ex.R3, another affidavit of Sh.Brij Mohan Jhamb Ex.R4 and closed their evidence.<br /> 6. We have heard the arguments of Sh.Rajnish Goyal ld. counsel for the complainant and Sh.Kuldeep Sahni ld. counsel for the OP-MC and have very carefully perused the evidence on the file.<br /> 7. During the course of arguments, Sh.Rajnish Goyal ld.counsel for the complainant has conceded that the complainant is ready to deposit the amount of Rs.4275/- with the OP-MC if the counsel for the OP-MC admits the negligence of the officials of the OP-MC of not issuing the bills in time. This part of the statement of Sh.Rajnish Goyal ld.counsel for the complainant has been admitted by Sh.Kuldeep Sahni ld.counsel for the OP-MC that the OP-MC has failed to issue the regular bills of water and sewerage charges to the complainant.<br /> 8. We therefore, hold that the OP-MC was negligent in not issuing the regular bills to the complainant and they added the arrears for the period w.e.f. January 2003 to March 2007 amounting to Rs.4275/-in the bill for the month of September 2007 and subsequently added the said amount in the bill dated 13.11.2007. Hence, the OP-MC is liable to pay the compensation on account of negligence on their part in not issuing the regular bills to the complainant as the counsel for the complainant has agreed to pay the disputed amount due to him.<br /> 9. In view of the aforesaid facts and circumstances, the complaint filed by the complainant is partly accepted and the complainant is directed to deposit the disputed amount of Rs.4275/- within one month from the date of receipt of copy of this order. However, for the negligence in not issuing the regular bills to the complainant, the OP-MC shall pay Rs.1000/- as compensation to the complainant. The amount of compensation shall be adjusted in the bills due to the complainant out of the disputed amount. In view of the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.<br /> <br /> (Bhupinder Kaur) (J.S.Chawla)<br /> Member President<br /> Announced in Open Forum.<br /> Dated:24.07.2008.<br /> <br /> <br /> <br /> <br /> <br /> <br />