Punjab

Patiala

CC/19/41

Ramesh Rani - Complainant(s)

Versus

Municpal Corporation Patiala - Opp.Party(s)

Sh. Amar Singh

13 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

 

                                      Consumer Complaint No. 41 of 30.1.2019

                                      Decided on: 13.2.2023

 

 

Ramesh Rani Walia aged about 64 years wife of Harbans Singh Walia, Resident of H.No.116/2, Mohalla Chah Muglan, Patiala.

 

 

                                                                   …………...Complainant

                                      Versus

 

Municipal Corporation, Patiala through its Commissioner.

 

                                                                   …………Opposite Party

 

Complaint under the Consumer Protection Act

 

 

QUORUM

 

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Amar Singh, counsel for complainant.

                             None for the Opposite Party.

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Ramesh Rani Walia (hereinafter referred to as the complainant) against Municipal Corporation, Patiala (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

The complainant purchased house/shop No.189/2 having area of 20.75 sq. yards from Sh.Amrit Lal S/o Late Sh.Sadhu Ram, Bathra Mohalla,Chahal Road, Patiala. Registered deed in this regard was made on 14.5.1996. An upper portion of the house was purchased on 5.8.1998.

At the time of purchasing the house only domestic water supply connection bearing account No.PB-60/PB7/P171 was existing and the complainant has been depositing water supply charges and property tax continuously.

Complainant received a notice dated 7.6.2018 for Rs.36,293/-from the OP after about14 years against ID No.22996 A/c No. PB-60/PB7/P171 regarding outstanding dues. Complainant alongwith her husband visited the office of OP on 6.3.2018 and 7.3.2018 and intimated that there was neither water supply nor sewerage connection earlier in the house. Only water supply connection was existed which was got disconnected after making request in writing in this regard. Last bill of water supply was deposited on 24.6.2004 thereafter OP stopped sending the bills.

•  

The said houseremained closed since its purchase. Even electric connection was applied in the year 2013.Complainant served a legal notice dated 20.9.2018 upon the OP but no fruitful action was taken .The complainant also applied under RTI Act for getting detail record but the OP did not supply complete record as demanded by the complainant. The complainant also wrote various letters for doing the needful but the OP did not adhere to her request. There is thus deficiency in service on the part of the OP. Consequently, prayer has been made for acceptance of the complaint.

3. Upon notice, OP appeared through counsel and filed the written statement having taken various preliminary objections. It is pleaded that the complainant is not the holder of sewerage connection in question as the same stands in the name of one Sadhu Singh son of Bhola Ram R/o house No.28/613, Bhatran Mohalla, Patiala and has not yet been transferred from the name of Sadhu Singh who is in arrears of Rs.36,293/-.
4.  On merits, it is alleged that the said connection is commercial connection and no water supply and property tax charges have ever been deposited by the complainant. The complainant is not the consumer of the OP. Neither any application for transfer of connection nor disconnection of the same  has ever been received by the OP and the water and sewerage connections are still running in the name of Sadhu Singh. The complainant has no locus standi or authority to file the present complaint. After denying all other averments made in the complaint, the OP has prayed for the dismissal of the complaint.
5. To prove her case, ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents, Ex.C1 copy of registered deed dated 14.5.1996,Ex.C2 copy of notice for Rs.36293/-, Ex.C3 and Ex.C4 copies of energy bills, Exs.C5 &C6 copies of property tax receipts, Ex.C7 copy of legal notice dated 20.2.2018,Ex.C8 copy of registered letter,Ex.C9 copy of Aadhar card and closed the evidence of the complainant.
6. On the other hand, ld. counsel for the OP has tendered in evidence Ex.OPA affidavit of Saleshar Singh, Clerk,MC,Patiala alongwith documents, Ex.OP1 copy of notice dated 2.7.2015,Ex.OP2 copy of notice No.2673 ,Ex.OP3 copy of notice No.4302/- dated 4.7.2017, Ex.OP4 copy of notice No.8120 dated 7.6.2018,Ex.OP5 copy of ledger and closed the evidence.
7. We have heard the ld.counsel for the complainant as none has appeared on behalf of the OP and have also gone through the record of the case, carefully.
8. The OP has alleged that the complainant is not the owner of the house and the notice of Rs.36293/- has been rightly issued in the name of Sadhu Singh outstanding against him as arrears. The complainant has alleged that she is the owner of the house since 1996 and the notice in question has been issued illegally.
9. From the perusal of the record, it transpires that the complainant is the owner of the aforesaid property, as is evident from the sale deed, Ex.C1. She has purchased the said property from one Amrit Lal Son of Sadhu Ram and only water supply connection was existed at that time, which was got disconnected and last bill of the water supply was deposited on 24.6.2004 by the complainant. Thereafter no bill in this regard was sent by the OP. A notice dated 7.6.2018, Ex.C2 with regard to said property amounting to Rs.36293/- for water and sewerage bill has been issued in the name of Sadhu Ram S/o Bhola Nath.
10.  The complainant has also placed on record electricity bill dated 23.12.2018 issued in her name by the PSPCL(Ex.C4) showing that she is the owner of the house. To corroborate this fact, the complainant has also placed on record property tax receipts, Exs.C5 and C6, issued in her name by the OP. However, the OP has not rebutted the said receipts. As such OP was fully aware that the property has been purchased by the complainant and has already been transferred in her name for which property tax is being paid by the complainant.
11.  Ld. counsel for the OP has further argued that notice dated 2.7.2015 for Rs.28773/-, Ex.OP1 and notice dated 4.7.2017 for Rs.33708/-, Ex.OP3 were also issued to the complainant. However, the perusal of the said notices indicate that these notices have been issued in the name of Sadhu Singh S/o Bhola  Nath and not in the name of the complainant, who had purchased the aforesaid property from Sadhu Ram in the year,1996. If, this argument of the OP is taken on its face value, even then the OPs are not entitled to recover the same, as  these notices were issued after a long period of almost 11 years from the date of disconnection of water supply connection on 24.6.2004 and that too in the name of Sadhu Singh.
12.  In view of above discussion, we partly allow the complaint and quash the amount of Rs.36,293/- demanded from the complainant vide `notice dated 7.6.2018,Ex.C2, issued in the name of Sadhu  Ram. No order as to cost.           
13.           The instant complaint could not be disposed of within stipulated period, Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President