Delhi

StateCommission

A/55/2015

DELHI JAL BOARD - Complainant(s)

Versus

RAJVIR - Opp.Party(s)

22 Nov 2019

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :22.11.2019

Date of Decision : 29.11.2019

FIRST APPEAL NO.55/2015

In the matter of:

 

Delhi Jal Board,

Through Zonal Revenue Officer,

North West, Sector-6,

Rohini, Delhi.                                                                             …..Appellant

 

Versus

 

•  

S/o. Shri Chiddha Singh,

R/o. Block I-664,

•  
• ………Respondent

 

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                      Yes/No

2.      To be referred to the reporter or not?                                                                                                           Yes/No

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

 

1. The OP has come in the present appeal against order dated 04.09.14 passed by District Forum allowing the complaint, The facts relevant for the disposal of the appeal are that respondent/ complainant was holding water connection no.39644 for residential purpose The appellant / OP changed the category from domestic to C-II on the plea that upper floor of the building was being used for tuitions and there was no separate water connection for drinking or other purposes for the students.
2. The District Forum relied upon a judgement of our own Hon’ble High Court in Delhi Jal Board vs. Smt. Sulochna 149 (2008) DLT 170 in which held that merely because a confectionery shop is running from the residential  house, but it would not render liable the category of water connection to be changed on said count alone unless it is additionally shown that water was being used in connection with the business of confectionery shop. Further dominant user of the premises would also have to be kept in mind.
3. In the present case students would only be using water drinking. No business as such is being run. Simply giving tuition to the students on the upper floor, does not amount to use of water for business purpose. Dominantly use continues to be residential. The present case is squarely covered   by the aforesaid decision of the Hon’ble High Court.
4. The counsel for appellant submitted that appellant has changed the user on the basis of  new water tariff dated 17.12.09 copy of which is at pages-28 to 31. The said circular was issued after the decision of Hon’ble High Court. At page 31 under heading no.2 of mixed use category it is mentioned that all other category of consumers who are not covered either in domestic category (C-I) or mixed use category (C-IA) are covered  under  commercial category (C-II). Hence the  judgement of the Hon’ble High Court cannot be applied..
5. I am unable to appreciate the argument of counsel for the appellant. Any circular of appellant cannot over ride the judgement of Hon’ble High Court.
6. Thus I find that the District Forum has rightly allowed the complaint and quashed the bill raised on commercial tariff, directed the appellant to change the category form C-II to domestic and revise the bill accordingly. It has further directed appellant not to charge any  charges of the late payment of the bill and appellant has been directed to pay a sum of Rs.8,000/- to the respondent as compensation for pain and agony including  cost of litigation.  Part of the order to the extent it relates to quashing of the bill, changing category from C-II to domestic, revise the bill, accordingly, not to charge any charges of late payment is affirmed. However directions to pay Rs.8,000/- as compensation for pain and agony including cost of litigation is set aside as  the same will work harsh upon the appellant.
7. The appeal is disposed of accordingly.
8. Copy of the order be sent to both the parties free of cost.
9. One copy of the order sent to District Forum for information.
10. File be consigned to record room.

 

(O.P. GUPTA)                                                     

MEMBER (JUDICIAL)

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