Sh.Anoop Sharma, Presiding Member.
1. Sh.Gurdev Singh has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that he is owner in possession of residential house No.20, Golden Avenue, Amritsar and he took connection of water supply and sewerage from the Opposite Party and right from the date of getting the connection the complainant is regularly paying the bills to the Opposite Party without any default. In the year, 2015 as per the government policy, all the bills pertaining to Water Supply and Sewerage Connection were to be issued by Punjab State Power Corporation Limited, alongwith bills of electricity consumption. Two bills were issued by the Punjab State Power Corporation Limited, to the complainant thereby including the bills of Water Supply and Sewerage Connection alongwith the electricity consumption and the same was paid by the complainant vide receipt No. 212/48404 dated 15.6.2015 of Rs.620/- and vide another receipt No. 49683 dated 30.10.2015 of Rs.1290/- and copies of receipts are enclosed. The complainant has connection bearing account No. 6190 ID 56077 pertaining to the division area No.15 with meter No. 90392. lateron the said policy was withdrawn for sending the Water Supply and Sewerage Connection bills alongwith electricity bills. Now the Opposite Party has issued bill dated 26.11.2015 for Rs.3696/- showing the date of previous reading dated 30.12.2014 and new dated 30.9.2015. Said impugned bill of rs.3696/- includes the charges of Rs.1260/- of Water Supply and Sewerage Connection alongwith the impugned surcharge for the said alleged liability of Rs.1260/-. Thereafter, another impugned bill dated 12.4.2016 for Rs.4620/- showing the previous reading dated 30.9.2015 and new date of reading 31.12.2015 as mentioned in the said earlier impugned bills dated 26.11.2015 is issued by Opposite Party. Said impugned bills are not legally sustainable in the eyes of law. The aforesaid act on the part of the Opposite Party of reclaiming and issuing the said impugned bills and further not acceding the genuine and legitimate request of complainant amounts to deficiency in service. Vide instant complaint, the complainant has sought the following reliefs.
a) To set aside the impugned bill dated 26.11.2015 and dated 12.4.2016.
b) To pay compensation of Rs.50000/-.
c) To pay costs of litigation of Rs.5000/-.
Hence, this complaint.
2. Upon notice, opposite parties appeared and contested the complaint by filing joint written statement taking preliminary objections therein inter alia that the present complaint is not maintainable before this Forum. The alleged dispute raised in the present complaint is not covered under Consumer Dispute as such, the present complaint does not lie before this Forum as the Municipal Corporation, Amritsar charges as tax as per provisions of Punjab Municipal Corporation Act and no complaint lies regarding payment of tax. Furthermore, the complainant has not come to this Forum with clean hands, as such the complainant is not entitled to any relief from this Forum being the guilty of concealment of true and material facts from the knowledge of this Forum. It is incorrect that the complainant is paying the bills regularly right from taking the connection as alleged. Rather the complainant is in arrears of Water Supply and Sewerage Connection charges for the period 30.9.2014 to 30.12.2014 for Rs.924/- (Rs.840/-+ Rs.84/-) and for the period 30.12.2014 to 30.9.2015 for Rs.2772/- (Rs.2520+Rs.252/-) and also for the period 30.9.2015 to 31.12.2015 for Rs.924/- (Rs.840+84/-) total amounting to Rs.4620/-. Out of which the complainant has paid Rs.1910/- i.e. Rs.620/- on 15.6.2015 and Rs.1290/- on 30.10.2015 alongwith electricity charges and after adjustment of said amount of Rs.1910/- still an amount of Rs.2710/- was payable till 31.12.2015 which he has not paid to the Opposite Party so far. It is absolutely incorrect that there is any deficiency in service as alleged. Rather the amount of arrears of the connection in dispute has been claimed to which the complainant is legally bound to pay to the Opposite Party. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case, complainant tendered into evidence affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copies of documents Ex.C2 to Ex.C10 and closed his evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Tilak Raj, XEN Ex.OP1,2/1 alongwith copy of reply to notice Ex.OP1,2/2 and closed the evidence on behalf of the Opposite Party.
5. We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.
6. Ld.counsel for the complainant has vehemently contended and reiterated the averments made in the complaint that the complainant took connection of water supply and sewerage from the Opposite Party and right from the date of getting the connection the complainant is regularly paying the bills to the Opposite Party without any default. In the year, 2015 as per the government policy, all the bills pertaining to Water Supply and Sewerage Connection were to be issued by Punjab State Power Corporation Limited, alongwith bills of electricity consumption. Two bills were issued by the Punjab State Power Corporation Limited, to the complainant thereby including the bills of Water Supply and Sewerage Connection alongwith the electricity consumption and the same was paid by the complainant vide receipt No. 212/48404 dated 15.6.2015 of Rs.620/- and vide another receipt No. 49683 dated 30.10.2015 of Rs.1290/- and copies of receipts are enclosed. The complainant has connection bearing account No. 6190 ID 56077 pertaining to the division area No.15 with meter No. 90392. Lateron the said policy was withdrawn for sending the Water Supply and Sewerage Connection bills alongwith electricity bills. Now the Opposite Party has issued bill dated 26.11.2015 for Rs.3696/- showing the date of previous reading dated 30.12.2014 and new dated 30.9.2015. Said impugned bill of rs.3696/- includes the charges of Rs.1260/- of Water Supply and Sewerage Connection alongwith the impugned surcharge for the said alleged liability of Rs.1260/-. Thereafter, another impugned bill dated 12.4.2016 for Rs.4620/- showing the previous reading dated 30.9.2015 and new date of reading 31.12.2015 as mentioned in the said earlier impugned bills dated 26.11.2015 is issued by Opposite Party. Said impugned bills are not legally sustainable in the eyes of law.
7. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contention of the ld.counsel for the complainant submitting that the alleged dispute raised in the present complaint is not covered under Consumer Dispute as such, the present complaint does not lie before this Forum as the Municipal Corporation, Amritsar charges as tax as per provisions of Punjab Municipal Corporation Act and no complaint lies regarding payment of tax. Furthermore, the complainant has not come to this Forum with clean hands, as such the complainant is not entitled to any relief from this Forum being the guilty of concealment of true and material facts from the knowledge of this Forum. It is however denied that the complainant is paying the bills regularly right from taking the connection as alleged. Rather the complainant is in arrears of Water Supply and Sewerage Connection charges for the period 30.9.2014 to 30.12.2014 for Rs.924/- (Rs.840/-+ Rs.84/-) and for the period 30.12.2014 to 30.9.2015 for Rs.2772/- (Rs.2520+Rs.252/-) and also for the period 30.9.2015 to 31.12.2015 for Rs.924/- (Rs.840+84/-) total amounting to Rs.4620/-. Out of which the complainant has paid Rs.1910/- i.e. Rs.620/- on 15.6.2015 and Rs.1290/- on 30.10.2015 alongwith electricity charges and after adjustment of said amount of Rs.1910/- still an amount of Rs.2710/- was payable till 31.12.2015 which he has not paid to the Opposite Party so far. It is absolutely incorrect that there is any deficiency in service as alleged. Rather the amount of arrears of the connection in dispute has been claimed to which the complainant is legally bound to pay to the Opposite Party. From the aforesaid averments of both the parties, and perusal of copy of ledger Ex.C10, it clearly shows that the complainant is in arrears of Water Supply and Sewerage Connection charges for the period 30.9.2014 to 30.12.2014 for Rs.924/- (Rs.840/-+ Rs.84/-) and for the period 30.12.2014 to 30.9.2015 for Rs.2772/- (Rs.2520+Rs.252/-) and also for the period 30.9.2015 to 31.12.2015 for Rs.924/- (Rs.840+84/-) total amounting to Rs.4620/-. Out of which the complainant has paid Rs.1910/- i.e. Rs.620/- on 15.6.2015 and Rs.1290/- on 30.10.2015 alongwith electricity charges and after adjustment of said amount of Rs.1910/- still an amount of Rs.2710/- was payable till 31.12.2015 which he has not paid to the Opposite Party. Not only that the disputed amount pertains Water Supply and Sewerage Charges as tax as per the provisions of Punjab Municipal Corporation act and no consumer complaint lies regarding the payment of tax. Similar view has been taken by Hon’ble State Commission, Punjab in case Ram Tirath Vs. The President, Municipal Council, Khanna reported in 2003(1) CPC paged 546. As such, we found no deficiency in service on the part of the Opposite Parties, rather the amount of arrears of the connection in dispute has been claimed to which the complainant is legally bound to pay to the Opposite Parties.
8. In view of the aforesaid facts and circumstances of the case, we found no merit in the complaint and the same is hereby dismissed. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
