BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no.85 of 2013                                                                  

                                                        Date of Institution         :    28.3.2013                                                                          

                                                       Date of Decision   :    1.9.2016.

J.M.Sandhu @ Jagsir Masih son of Sh.Modan Singh, r/o Chattargarh Patti, Sirsa.

                                                              ……Complainant.     Versus.

The S.D.O. Public Health Department, Division No.3, Sirsa, tehsil and distt. Sirsa.

                                                                           ...…Opposite party.

                      Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI S.B.LOHIA …………………  PRESIDENT                                                       

                        SHRI RANBIR SINGH PANGHAL…MEMBER.       

Present:       Shri Sandeep Chaudhary, Advocate for complainant.

Sh.L.D.Bansal, SDE for opposite party.

                   ORDER

                        It is the case of complainant that Ops had served a notice bearing no.1473 dt. 22.12.2012 upon the complainant for payment of Rs.22390/- as allegedly outstanding against him, which is totally wrong and incorrect as there is nothing due against the complainant i.e. Anoop Laboratory. The complainant has been regularly paying all the bills. The complainant approached Op several times to withdraw the said notice, but they refused. Hence, this complaint.

2.                Upon notice, Op appeared and contested the case by filing reply. It is replied that as per order XXVII Rule 5-A CPC if any litigation is launched against any Govt. officer, then the State is necessary party to be impleaded, but in the present case, State has not been impleaded as party. It is further replied that an amount of Rs.22390/- is due towards the complainant being the water consumption charges from 1.4.2012 to 30.9.2012.

3.                In order to prove his case, the complainant has placed on record his own affidavit Ex.PW1; payment receipts Ex.C1 to Ex.C7, notice Ex.C8, again receipts Ex.C9 to Ex.C12 and bill Ex.C13. Whereas, Ops produced the affidavit Ex.RW1/A, ledger account Ex.R1, copy of ledger Ex.R2, copy of order Ex.R3 and notice Ex.R4.

4.                We have heard learned counsels for the parties and have gone through the record carefully.  

5.                Receipts Ex.C1 to Ex.C3, Ex.C6, Ex.C7, Ex.C10 and Ex.C11 produced by the complainant are relating to the connection at the address Gandhi Market, Hissaria Gate, Sirsa, whereas the impugned notice Ex.R4 served upon the complainant seeking the payment of the amount is for the connection in Chattargarh Patti, Sirsa. From the ledger account produced by the Ops as Ex.R1 and Ex.R2, outstanding amount to be paid by the complainant has been shown very clearly. Further, impugned notice Ex.R4 is related to water connection account no.15/429 whereas the receipts produced by the complainant are related to account no.282. From all of this, it is clearly established that the payments made by the complainant are for different accounts and the notice issued to the complainant is for different account. As such, there is no deficiency or illegality on behalf of the Op department in issuing the demand notice Ex.R4 for outstanding due water charges.

6.                Resultantly, present complaint stands dismissed with no order as to costs. Copy of this order be supplied to the parties as per rules. File be consigned to record room.

Announced in open Forum.                                           President,

Dated:1.9.2016.                            Member.             District Consumer  Disputes

                                                                                  Redressal Forum, Sirsa