Chandigarh

DF-II

CC/405/2018

Kuldeep Chand - Complainant(s)

Versus

Municipal Corporation - Opp.Party(s)

Pawan Kumar Adv. & Sandeep Sharma Adv.

16 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	405 of 2018
Date  of  Institution	:	20.07.2018
Date   of   Decision	:	16.05.2019

 

 

 

 

 

Kuldeep Chand aged about 49 years s/o Sh.Ram Karan, resident of House No.2080, Pipliwala Town, Manimajra, Chandigarh (UT).      HaryaHarHar      

             …………….Complainant

 

Versus

 

1]  Municipal Corporation through Commissioner, Public Health, Sector 17, Chandigarh UT

2]  XEN, Division No.2, Municipal Corporation, Public Health, Sector 11, Chandigarh UT

3]  SDO, Sub Division No.8, Municipal Corporation, Public Health, Manimajra, Chandigarh UT.

 

………. Opposite Parties

 

 

BEFORE:  MR.RAJAN DEWAN        PRESIDENT

MRS.PRITI MALHOTRA    MEMBER

                    MR.RAVINDER SINGH     MEMBER

           

Argued by :- Sh.Pawan Kumar, Adv. for complainant.

 Sh.Vikas Bali, Adv. for Opposite Parties

 

 

RAVINDER SINGH, MEMBER

 

                    The case of the complainant is that the OPs installed Water/Sewerage connection vide Account NO.901/MZ07/205100Y in the name of Sh.Sambhu Nath pertaining to House No.2051, Pipliwala Town, Manimajra Chandigarh.  It is averred that the said house was purchased by the complainant and his uncle Sh.Bhag Raj and has been divided in two equal parts with agreement that the electricity connection was transferred in the name of Bhag Raj and water/sewerage connection came in the shape of complainant and the payment of bill of water/sewerage has been paid by the complainant. 

         It is submitted that the complainant renovated his house and suddenly the Opposite Party No.3 started charging commercial Bill of Water/Sewerage w.e.f. 18.6.2010 and complainant submitted affidavit on 1.9.2010 vide diary No.1832, but Opposite Party No.3 continued charging commercial bill of water/sewerage till 27.4.2017 total bill amounting to Rs.69,045/-.  It is also submitted that the Opposite Parties after realizing the mistake, change the commercial bill to domestic bill on 24.8.2017 and issued new Account No.901/MZ07/205101A/ and admitted that they have to refund the amount of Rs.23,995/-, dated 20.2.2018 (Ann.C-1).  It is further submitted that Opposite Party No.3 wanted to take benefit of his own wrong and transferred the water/sewerage connection vide Account No.901/MZ07/205100Y to the son of Sh.Bhag Raj (deceased), who was using illegal water connection since 1987 and to regularize his connection the Opposite Party still charging commercial bill of water/sewerage connection pertaining to Account No.901/MZ07/205100Y.  It is stated that the Opposite Party is liable to refund an amount of Rs.54,790/- after deducting an amount of domestic bill of Rs.14,255/- from the total amount of Rs.69,045/-, thus there is deficiency in service on the part of OPs.  Hence, this complaint has been filed.

 

2]       The Opposite Parties No.1 to 3 filed joint reply stating that the dispute in the present complaint is with regard to the water/sewerage connection of the property bearing No.2051, Piliwala Town, Manimajra, Chandigarh.  It is stated that the complainant concealed material information from this forum.  It is also stated that the complainant had earlier filed a civil suit for declaration to the effect that he is the absolute owner of water and sewerage connection in House No.2051/1, Pipliwala Town, Manimajra, Chandigarh on the basis of family settlement dated 5.7.1989.  the said suit was contested by OPs and it was dismissed vide judgment decree dated 25.7.2016 by the court of Ms.Nisha, CJJD, Chandigarh by observing that complainant/plaintiff failed to prove his case of alleged family settlement on the basis of which he is asking the relief. Even the appeal filed by the complainant/plaintiff was also dismissed vide order dated 25.7.2016 & 3.3.2017 (Ann.R-1 & R-2).

         It is submitted that after passing of the said order, the complainant applied for new/fresh water/sewerage connection on his property bearing House No.2051/1 in his name, whereupon he was issued new/fresh connection on 19.6.2017 vide Account No.901/MZ07/205101A. Thereafter, the complainant deposited the security and other charges to the tune of Rs.2130/- (Ann.R-3 & R-4) and kept on paying the bye monthly bills of water/sewerage connection in respect of property No.2051/1.  It is stated that the complainant on his own deposited an access amount of Rs.24,200/- on 9.1.2018 and thus, the said amount has been shown in the column of “Arrears” in negative.  It is also stated that the complainant has very cleverly deposited the access amount on his own and is now projecting total false story that OPs have realized their mistake and have changed the commercial bill to domestic bill on 24.8.2017 and issued new account.  It is further stated that there had been no commercial bill ever issued in the property of House No.2051/1 i.e. the property of complainant (Ann.R-5).  It is pleaded that the complainant is the owner of House No.2051/1 and had been claiming the ownership over the water/sewerage connection, which was installed in House No.2051, which is now in the name of Hukam Chand s/o Late Sh.Bhag Raj and thus the same is not maintainable. Denying all other allegations and pleading no deficiency in service, the Opposite Party has prayed for dismissal of the complaint.

 

3]      Replication has been filed by the complainant thereby reiterating the assertions as made in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and also carefully examined the entire evidence on record.

 

6]       After careful perusal of entire evidence on record, it is noticed that Kuldeep Chand and Bhag Raj purchased House No.2051 (measuring 70’X15.5’), Pipliwala Town, Manimajra, Chandigarh vide Registered Sale deed dated 26.6.1987    (Ann.C-3) from Shambhu Nath s/o Sh.Daulat Ram.  After purchase of the said property, the same was divided in two equal shares i.e. 35’x15.5’ between Kuldeep Chand and Bhag Raj vide Family Settlement dated 5.7.1989 (Ann.C-4).  Bhag Raj expired on 15.11.2000 and his part of the share was inherited by his son Hukam Chand on 15.7.2009. 

7]       Kuldeep Chand, the complainant, applied for transfer of his part of the house in his name and accordingly, the property under the possession & share of Kuldeep Chand was earmarked as House No.2051/1, vide order dated 23.9.1999 (Ann.C-5) by Municipal Corporation, Chandigarh.

 

8]       The House No.2051 measuring 35’X15.5’ under the ownership and occupation of Hukam Chand son of Bhag Raj, was already having water supply  connection under Account No.901/MZ07/205100Y.  Sh.Kuldeep Chand was however, conferred a separate Water connection under Account No.901/MZ07/205101A on 19.6.2017 in House No.2051/1 (Ann.R-3).

 

9]       As per family settlement dated 5.7.1989 (Ann.C-4), it was though agreed that the water connection existing in House No.2051 shall belong to Kuldeep Chand and the electricity connection in the said premises shall be in the name of Bhag Raj, but due to family conflicts between the     co-sharers, the matter went to Civil Court by way of filing of Civil Suit No.10529 of 2013 by Kuldeep Chand  - titled as Kuldeep Chand vs. M. C. & Ors., which was decided on 25.7.2016 by the Hon,ble Civil Judge (JD), Chandigarh.  The Hon’ble Civil Judge (JD), Chandigarh has held the complainant Sh.Kuldeep Chand not exclusive owner of installed water and sewerage connection in House No.2051, Pipliwala Town and as such dismissed the civil suit.  The complainant Kuldeep Chand further preferred an Appeal NO.362 of 2016 before the Hon’ble Addl.District Judge, Chandigarh, which was also dismissed on 3.3.2017.

 

10]      Kuldeep Chand assuming himself to be sole owner of installed water & sewerage connection in property No.2051, Pipliwala Town, Manimajra, Chandigarh, kept on paying the water & sewerage charges & tariff and got the bills in his name.  Though Bhag Raj and then after his death on 15.11.2000, his son Hukam Chand was owner of water and sewerage connection in House NO.2051. The M.C., Chandigarh has levied commercial charges with effect from May, 2010 keeping into view the construction activity on the area owned by Kuldeep Chand (Ann.C-1 Page-9).  Kuldeep Chand vide his application dated 31.8.2010 duly supported by his affidavit Ann.C-1 Page 7/8 informed the Sub Divisional Engineer, MCPH Divn No.8, Chandigarh that the construction over his property/area has been completed and hence requested for change of water tariff from commercial to domestic usage.  However, the request of the complainant was never acceded to till April, 2017.

 

11]      The observation of Executive Engineer, M.C.P.H.Divn. No.2, Chandigarh in his letter Memo No.3425-29, dated 04.05.2017, addressed to The Sub Divisional Engineer, M.C.P.H. Sub Divn. No.17, Chandigarh (Ann.C-5/A annexed with written arguments), is reproduced as under:-

“ii) The documents in respect of H.No.2051, Pipliwala Town, Manimajra are returned herewith (in original as received) with the remarks that the affidavit dated 31.08.10 was submitted to Sub Divisional Engineer, MCPH Sub Divisional No.8, Manimajra on 01.09.2010 whereas the case regarding conversion of water tariff has been submitted by your office on April, 2017 i.e. approximately after seven years.  Please clarify the position and submit the case as per the Water Supply Bye Laws to avoid any loss to Municipal Corporation, Chandigarh.”

 

12]      The Municipal Corporation Authorities/OPs kept on sending water supply tariff bills to Kuldeep Chand, the complainant, on commercial rates till April, 2017, despite his intimation and request about stopping of construction work on the plot vide application dated 01.09.2010      (Ann.C-5/A).  There is flagrant abuse of power at the hands of Opposite Parties.  The Opposite Parties as such suffers from gross deficiency in service in this matter.

 

13]      Keeping into consideration the facts in issue, as discussed in the preceding paragraphs, the complaint is allowed with directions to the OPs to jointly & severally refund an amount of Rs.54,790/- to the complainant, charged by them at commercial rates on water bills, along with litigation cost of Rs.10,000/-, within a period of 30 days from the date of receipt of copy of this order. 

         The copy of this order be forwarded to the parties free of cost as per rules.

Announced

16^th May, 2019                                                               Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER