1.                This appeal by Haryana Urban Development Authority through its Sub Divisional Engineer, Hisar is directed against the order dated 22.5.2002, whereby a complaint case No.370 of 2001 filed by Smt. Suman Lata resident of Urban Estate-II, Hisar (hereinafter referred to as the complainant) was allowed and the demand of bill of Rs.17,342/- at the enhanced rate as water and sewerage charges was quashed. Further the amount of Rs.4000/- already deposited by the complainant with the appellant (hereinafter referred to as HUDA) was also ordered to be refunded.

2.                In nutshell, facts giving rise to this appeal may be summarized as under;

                    The complainant has got the residential House No. 1107, Urban Estate-II, Hisar (Haryana). It was in the month of November, 2000 the complainant had received a bill of Rs.17,342/- in respect of enhanced water and sewerage charges since the year 1989.   In spite of her terming the said notice as arbitrary the HUDA did not withdraw the same and ultimately she (complainant) had to deposit a sum of Rs.4,000/- as part payment on 5.2.2001 in order to avoid the disconnection.  Thereafter a fresh notice was also received by her (complainant) of another amount of Rs.14,465/-.  On these aforesaid allegations she (complainant) had filed a complaint before District Forum Hisar, challenging the issuance of the aforesaid notices.  Upon notice HUDA (respondent/appellant) filed its reply and submitted that in fact notices were issued on the basis of revised enhanced rates since 1989. It was further submitted that similar notices were also issued to the other residents of the same Urban Estate-II, Hisar, where Complainant was residing.  The Welfare Association of the said Urban Estate had also challenged those notices in the High Court vide Writ Petition No. 1575 of 1989 and ultimately the same was dismissed on 16.4.1996.

3.                Learned District Forum after going through the file and material brought thereon and hearing the parties allowed the complaint mainly on the ground that as the complainant was not a party in the said Civil Writ Petition so the observation made in the judgment, rendered on the aforesaid writ petition by the High Court are not applicable to her (complainant). 

4.                On the last date we had asked the counsel for the HUDA (appellant) to place on record the copy of the judgment rendered in Civil Writ Petition No.1575 of 1989 decided on 16.4.1996. by the Hon’ble High Court of Punjab and Haryana. Now the same has been placed on file.  We have gone through the said judgment.  After hearing counsel for the HUDA (appellant), we find that Residents Welfare Association (Regd.) Urban Estate No-II, Hisar had also challenged the notices in respect of enhanced rate of water and sewerage charges in the High Court through the aforesaid Civil Writ Petition and ultimately the Hon’ble High Court of Punjab and Haryana came to the conclusion that the enhancement made by the HUDA was justified as the revenue receipts were found to be less than the expenditure incurred in providing these facilities of water and sewerage system.  It is further the observation of the Hon’ble High Court of Punjab and Haryana that while revising such rates based on cogent reason no notice is required to be served upon the residents.  Admittedly the house of the complainant is also situated within the same area of Urban Estate-II, Hisar, where the residents of Welfare Association are residing.

5.                In this view of the matter, we are of the considered opinion that the observation and finding arrived at by the Hon’ble High Court in the aforesaid Civil Writ Petition are also binding upon the complainant. Thus, this appeal succeeds and consequently, the complaint filed by the complainant is hereby dismissed leaving the parties to bear their own costs of litigation. Further it is made clear that appellant-HUDA would not charge any penalty or interest on the amount payable by the complainant-Suman Lata rather she would be treated at par in the matter of charging the water and sewerage charges with that of other residents of aforesaid Urban Estate-II Hisar.

6.                Copies of the order be sent to the parties free of charge.