Haryana

Sonipat

CC/141/2015

RAJESH JAIN S/O HUKAM CHAND - Complainant(s)

Versus

SDO PUBLIC HEALTH ENGINEERING DEPARTMENT - Opp.Party(s)

NITIN JAIN

06 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.141 of 2015

                                Instituted on:29.04.2015

                                Date of order:14.10.2015

 

Rajesh Jain son of Sh. Hukam Chand Jain, r/o Khanna Colony, Sonepat at present H.No.1265, Sector 14, Sonepat.

                                                     ...Complainant.

 

                        Versus

 

SDO Public Health Engineering Department, Sub Divn 4, Sonepat.

                                    

                                                     ...Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Shri Nitin Jain, Adv. for complainant.

           Shri Rajpal Dahiya, SDE for respondent.

 

BEFORE-    NAGENDER SINGH, PRESIDENT.

          SMT.PRABHA WATI, MEMBER.

           D.V.RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging therein that he is having water connection no.28334 from the respondent. The complainant has received the bill no.149828 dated 26.5.2014 from the respondent for the period 4/2013 to 12/2013 for Rs.14883/- and status of the current meter was shown as defective and billing base shown as flat.   The complainant was shocked that the said bill was issued on flat basis i.e. Rs.1000/- per month for water charges and at the rate of Rs.250/- per month for sewerage/waste water charges.  The complainant has alleged the said bill to be wrong and illegal. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that the bill issued to the complainant is correct and legal.  The arrear cannot be waived off because the complainant has to deposit the bill on flat rate basis for the time period in which the meter of the complainant remained defective.

3.        We have heard the ld. Counsel for both the parties at length and has gone through the entire relevant material available on the case file carefully & minutely.

4.        Shri Rajpal Dahiya SDE has submitted that the bill issued to the complainant is correct and legal.  The arrear cannot be waived off because the complainant has to deposit the bill on flat rate basis for the time period in which the meter of the complainant remained defective.

          But we find no force in this contention of the respondent.

In the bill date 21.9.2015 marked as JN-A, the current water charges has been shown as Rs.600/- and Rs.150/- has been shown as waste water charges and this bill is for the period Jan-June 15(Jan-June 14). In the bill dated 16.12.2011 marked as JN-C, (due date 16.1.2012) for the period 9/2010 to 3/2011, the amount was charged from the complainant to the tune of Rs.628/-.  Further in Annexure C3, billing cycle for the period Jan-June-14, the water charges has been shown as Rs.600/- and waste water charges has been shown as Rs.150/-.  So, in our view the demand of Rs.11250/- raised by the respondent from the complainant is wrong and illegal.  The respondent must have issued the bills to the complainant on average basis and not on flat rate basis.  In our view, the complainant is only liable to pay Rs.900/- (i.e. Rs.100/- per month) for nine months against water charges and Rs.225/- (i.e. Rs.25/- per month) for nine months against waste water charges.  Accordingly, the respondent is directed to accept the amount as directed above from the complainant for the disputed period.  The respondent is further directed to compensate the complainant to the tune of Rs.1000/- (Rs.one thousand) for rendering deficient services, for harassment and under the head litigation expenses.

          With these observations, findings and directions, the present complaint stands allowed.

 

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced: 14.10.2015