BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 233 of 2017
Date of Institution : 12.4.2017
Date of Decision: 3.01.2018
Mrs. Shalini Joshi W/o Sh. Lalit Joshi R/o E-490, Ranjit Avenue, Amritsar
Complainant
Versus
- Municipal Corporation having its office at Ranjit Avenue, Amritsar through its Commissioner
- The XEN (O&M Cell), Water Sewerage Supply Authority, Municipal Corporation, having its office at Ranjit Avenue, Amritsar
Opposite Parties
Complaint under section 12 & 13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh.Deepinder Singh,Advocate
For the opposite parties: Sh.U.K.Gaind,Advocate
Coram:
Mr.Anoop Sharma, Presiding Member
Ms. Rachna Arora, Member
Order dictated by:
Ms. Rachna Arora, Member
1. Shalini Joshi, complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that complainant was an account holder of water and sewerage supply account No. 14344/1 having ID No.193491 issued by the opposite parties. The complainant alongwith her husband Sh. Lalit Joshi purchased one plot of 100 sq.yards having address E-490, Ranjit Avenue, Amritsar vide registered sale deed dated 10.12.2013. The opposite parties issued water and sewerage connection to the complainant having ID No. 193491 and account No. 14344/1. The opposite parties started issuing wrong demands through bills to the complainant and vide bill dated 2.2.2017 a demand of Rs. 7140/- was raised from the complainant. It is pertinent to mention over here that as per the guidelines and rules of the Punjab Government the opposite party cannot demand any water and sewerage bill for the property of 100 sq.yards. The complainant approached the opposite parties many a times and reminded that they cannot demand the alleged amounts from the complainant as it is against the rules and guidelines of the Punjab Govt. but to no avail. In this regard complainant also sent letters dated 20.4.2015 and 12.10.2016 and also legal notice dated 21.3.2017 was issued to the opposite parties. But the opposite parties vaguely replied to the legal notice dated 21.3.2017 on 6.4.2017 but still insisting on their illegal and arbitrary demand raised vide bill dated 2.2.2017 for Rs. 7140/-. The Act of the opposite parties raising the illegal and arbitrary demand amounts to deficiency in services, mal-practice, unfair trade practice and has caused a lot of mental agony, harassment, inconvenience and financial loss to the complainant. Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite parties be directed not to demand illegal and arbitrary bills of water and sewerage supply from the complainant and to withdraw the demand vide bill dated 2.2.2017 for Rs. 7140/-;
- Compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses may also be awarded to the complainant.
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version in which it was submitted that the complainant got installed an water connection from the opposite parties for the construction purpose at the site in dispute and the complainant deposited charges for the same amounting to Rs. 2084/- vide receipt No. 59/19424 dated 3.6.2014. Thereafter bills for the construction purpose are being issued to the complainant and till 31.3.2017 an amount of Rs. 7920/- is pending against the complainant regarding the connection in dispute. After completion of construction the complainant has to inform the opposite party to get the correction for the purpose of connection and further use of the connection but the complainant never informed the department in this regard. The alleged letters dated 20.4.2015 and 12.10.2015 were never received in the office of the opposite parties. However, legal notice dated 28.3.2017 was duly replied by the opposite parties vide letter No. WSSA 486 dated 6.4.2017. However, no charges are claimed after March 2017 from the complainant. While denying and controverting other allegations, dismissal of complaint was prayed.
3. In his bid to prove the case Sh. Deepinder Singh,Adv.counsel for the complainant tendered into evidence his duly sworn affidavit Ex.C-1, copy of bill Ex.C-2, copy of letter dated 20.4.2015 Ex.C-3, copy of letter dated 12.10.2015 Ex.C-4, postal receipt Ex.C-5, copy of legal notice Ex.C-6, postal receipts Ex.C-7 and Ex.C-8 and close the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh. U.K.Gaind,Adv.counsel for opposite parties No.1 & 2 tendered into evidence duly sworn affidavit of Sh.Tilak Raj, XEN WSSA , MCA Ex.OP1,2/1, copy of reply to legal notice Ex.OP1,2/2, copy of legal notice Ex.OP1,2/3, copy of ledger account Ex.OP1,2/4 and close the evidence on behalf of opposite parties No.1 & 2.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
6. The complainant has submitted his affidavit Ex.C-1 in which she has reiterated the facts as detailed in the complaint and contended that the complainant got installed water and sewerage supply account No. 14344/1 having ID No.193491 at her house bearing No. E-490, Ranjit Avenue, Amritsar, which she alongwith her husband Sh. Lalit Joshi has purchased vide registered sale deed dated 10.12.2013. It was the case of the complainant that the opposite parties started issuing wrong demands through bills to the complainant and vide bill dated 2.2.2017 a demand of Rs. 7140/- was raised from the complainant. But, however as per the guidelines and rules of the Punjab Government , the opposite party cannot demand any water and sewerage bill for the property of 100 sq.yards. In this regard complainant approached the opposite parties many a times and also sent letters dated 20.4.2015 and 12.10.2015, copies of which are Ex.C-3 and Ex.C-4 requesting them not to issue water and sewerage connection bill as the complainant is having total area of 100 sq.yds for which the opposite party cannot issue bills as per guidelines of the Punjab Govt. The complainant also issued legal notice dated 21.3.2017 to the opposite parties. Copy of legal notice accounts for Ex.C-6 on record. But the opposite parties still insisting on their illegal and arbitrary demand raised vide bill dated 2.2.2017 for Rs. 7140/-. Ld.counsel for the complainant contended that by raising such illegal demand, opposite party has caused lot of mental agony, harassment as well as financial loss to the complainant.
7. On the other hand the only plea of the opposite party is that complainant got installed an water connection from the opposite parties for the construction purpose at the site in dispute and the complainant deposited charges for the same amounting to Rs. 2084/- vide receipt No. 59/19424 dated 3.6.2014 and thereafter bills for the construction purpose are being issued to the complainant and till 31.3.2017 an amount of Rs. 7920/- is pending against the complainant regarding the connection in dispute. It was submitted that after completion of construction, the complainant has to inform the opposite party to get the correction for the purpose of obtaining connection and further use of the connection but the complainant never informed the department in this regard. The alleged letters dated 20.4.2015 and 12.10.2015 were never received in the office of the opposite parties. But, however, the complainant has placed on record copies of letter sent to the opposite parties dated 20.4.2015 Ex.C-3 as well as copy of letter dated 12.10.2015 Ex.C-4 though postal receipt of letter dated 12.10.2015 Ex.C-5 on record, which proves that the complainant has requested the opposite party regarding issuance of water sewerage bill regarding plot No. E-490, Ranjit Avenue, Amritsar . As such the opposite party cannot deny that the complainant never informed the opposite party regarding construction of her building . The averment of the complainant that opposite party cannot demand water and sewerage bill for the property of 100 sq.yds, remained unrebutted as opposite party remained silent about the guidelines of the Punjab Government vide which opposite party cannot demand water and sewerage bill for the property of 100 sq.yds. The only plea of the opposite party that no charges are claimed after March 2017 from the complainant, which shows that the opposite party admitted its fault for sending water and sewerage bills for the property of 100 sq.yds , as such they stopped sending bills after March, 2017, which proves that the demand raised vide bill dated 2.2.2017 is illegal and the same is liable to be set-aside .
8. Consequently , we allow the complaint and the demand raised by the opposite parties vide bill dated 2.2.2017 is hereby set-aside. Opposite parties are also directed to pay compensation to the tune of Rs. 3000/- to the complainant on account of mental harassment suffered by the complainant and the unfair trade practice adopted by the opposite parties. Opposite parties are also directed to pay litigation expenses Rs. 2000/- to the complainant. Compliance of this order be made by the opposite party within 30 days of the receipt of copy of this order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated: 3.1.2018
