Punjab

Nawanshahr

CC/108/2016

Avtar Singh - Complainant(s)

Versus

Municipal Counsel - Opp.Party(s)

In Person

28 Nov 2016

ORDER

District Consumer Disputes Redressal Forum
Shaheed Bhagat Singh Nagar
 
Complaint Case No. CC/108/2016
 
1. Avtar Singh
S/o Mohan Lal R/o House No. 325-B Dr. Ambedkar Basti Rahon tehsil District SBS Nagar
...........Complainant(s)
Versus
1. Municipal Counsel
Municil counsel Raohn Tehsil District SBS Nagar through its Executive officer
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Karnail Singh PRESIDENT
  Kanwaljeet Singh MEMBER
 
For the Complainant:In Person, Advocate
For the Opp. Party:
Dated : 28 Nov 2016
Final Order / Judgement

 

 

We have taken up, this complaint for consideration on point of admissibility. 

Brief facts of the complaint are that complainant stated that the complainant has inherited house at Dr.Ambedkar Basti, Rahon, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar, which under the Municipal Committee, in that house alongwith complainant 15 family members are residing for the last 20 years.  The complainant has also an electricity meter in the said house.  But some political person wants to get forcibly possession of the said house and accordingly file civil case titled as Harash Joshi Vs Mohan Lal which is pending in the court of Sessions Court, Shaheed Bhagat Singh Nagar.  But in that case no stay has been granted by the Court.

The OP i.e. Municipal Committee is charging house taxes from the complainant.  The complainant being schedule caste community is not in position to get purified water as such complainant has applied for water connection.  But the said application of the complainant was declined by OP on the ground that civil case is pending and as such necessity arose to complainant to file complaint.

In support of his complaint, complainant has placed on the file copy of application given to Deputy Commissioner to resolve the said claim and further produced on file some receipts issued by Nagar/Municipal Council, whereby house taxes have been charged from complainant. 

We are considered submission of the complainant and also gone through the case file.

After considering all the facts, we find that complainant himself has stated and described that his water connection was declined by OP on the ground that civil case is pending but if the Civil case is pending, then this Forum has no jurisdiction.  In order to give strength to this observation, we like to refer a pronouncement of Hon’ble National Consumer Disputes Redressal Commission, New Delhi cited in III (2016) CPJ 76A (NC) titled as Ram Kewal Shaw Vs C.E.C.C. Ltd, Howrah & Ors. So in view of aforesaid judgment, this Forum is not in position to proceed with this complaint further. 

Apart from above, the complainant has not placed on filed any documentary proof where from we ascertain that complainant is in possession of house.  No doubt complainant has placed some documents for charging property taxes but these receipts did not depict house number nor any house number given by complainant in his complaint.  So from this angle, this complaint is not maintainable.

Apart from above, we have also considered the facts whether the complainant is consumer or not for that purpose, if the complainant has deposited any fee with OP for getting water connection, then he is consumer but complainant has not deposited any charges for getting water connection and as such as per our opinion, the complainant does not become consumer of OP.

From the above discussion, we do not find any substances in the submission of the complainant.  Therefore, this complaint is dismissed.

Copy of this order be sent to the complainant, as per rules.

File be indexed and consigned to record room.              

 

 
 
[HON'BLE MR. Karnail Singh]
PRESIDENT
 
[ Kanwaljeet Singh]
MEMBER

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