Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 325
Instituted on : 29.04.2021.
Decided on : 07.08.2023
- Sh. Lachhman Singh Malik S/o Sh. Juglal R/o H.No.28-P, Sector-4, Rohtak.
- Dr. Neelam W/o Sh. Rakesh Nehra R/o H.No.27, Sector-4, Rohtak.
- Nidhi W/o Shakti Singh R/o H.No.26, Sector-4, Rohtak.
- Arvind Kumar S/o Col’Hari Singh R/o H.No.25, Sector-4,
- Bharpur Singh Rana S/o Sher Singh Rana R/o H.No.24, Sector-4, Rohtak.
………..Complainants.
Vs.
- The Administrator, HSVP Rohtak.
- Estate Officer, HSVP Rohtak.
- Executive Engineer, HSVP, Division No. 1 Rohtak.
- Municipal Corporation, Rohtak through its Commissioner.
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Sh. Joshi Ahlawat, Advocate for the complainant.
Sh. M.K.Munjal, Advocate for opposite parties No. 1 to 3.
Sh. Pardeep Kumar, Advocate for opposite parties no. 4.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainants are that their houses are situated on outskirts of Sector-4 and there is an adjacent colony namely Harki Devi. Earlier, a boundary wall had been raised on the outskirts of Sector-4 so that no interruption could be caused by anybody else to the inhabitants of Sector 4 including complainants while enjoying basic amenities including road, sewerage, light, water etc. and they could use the aforementioned amenities efficiently and effectively. A metal road exists towards northern side of H.No.28 and it closes on the outskirts of Sector-4. But, to the utter surprise, the inhabitants of said Harki Devi Colony, who are men of quarrelsome nature and criminal tendency and being strong headed person, have deliberately razed the aforesaid boundary wall in an illegal manner. They have started to use the aforesaid road to ingress and engress, however, they have no legal right to use the aforesaid road which is exclusively usable by the inhabitants of Sector-4. Apart from this, the said inhabitants of Harki Devi Colony have also started to use the aforesaid road illegally for parking of their vehicles in a rash & negligent manner. They used to take their cattle in said open and vacant area of HUDA for the purpose of grazing. At many junctures, these cattle have attacked on residents of Sector-4 and have caused injuries to them as well as damages to their properties including vehicles. The sewerage line of said Harki Devi colony usually oozes out or overflows but none of its inhabitant care it about and its waste water flows towards vacant land of HUDA whereupon a pond had become earlier, but on repeated representation to opposite parties No. 1 to 3, the said waste water has been extracted, however said leakage is still continuing. Due to leakage of sewerage line of said Harki Devi colony, a worse smell oozes out or spreads in surrounding area and nearer to the houses of complainants. Now, the complainants came to know that said leakage of sewerage line of Harki Devi colony has been diverted or connected with sewerage line of HUDA and on account of this reason, the sewerage line of HUDA usually remains overflows. There are uncounted labour who reside in said Harki Devi colony on rent basis and some of these labour live under the influence of intoxication throughout day and many theft incidents have taken place in the neighborhood of complainants. The inhabitants of Sector-4 including complainants, have requested & submitted representation to opposite parties no. 1 to 3 at many times to get their aforesaid grievances redressed, but to no effect. Lastly, a representation was submitted by the inhabitants of Sector 4 to the opposite party no.1 which was marked to opposite party no.3, who wrote a letter dated 29-12-2020 to opposite party no.1 whereby he sought clarification regarding construction of boundary wall on the outskirts of Sector-4, which fact shows that either opposite party no.3 is not a competent and eligible authority for said post or he is not deliberately resolving the problems of complainants. The complainants have served legal notice dated 03-02-2021 to the opposite parties but the above said problems of the complainants have not been resolved till date. Surprisingly, the complainants got a copy of letter dated 15-02-2021, allegedly issued by opposite party no. 2 to 4, wherein the opposite party no.2 has stated that most of the issues/problems pertain to Harki Devi Colony and hence the same should be resolved by opposite party no.4 and rest of the issues/problem which pertain to HSVP, will be sorted out by the HSVP. However, opposite party no.2 didn't mention the issues/problems pertains to HSVP and no action for getting it resolved, has been taken by opposite party no.2 so far. Hence this complaint and it is prayed that opposite parties may kindly be directed to resolve all the aforesaid issues and they be also directed to raise a boundary wall on abovementioned road which closes on the outskirts of Sector-4. It is also prayed that opposite parties be directed to install barbed wires upon it and they be awarded an amount of Rs.1,00,000/- as litigation expenses alongwith 24% interest per annum from the date of getting them aware about the aforesaid issues till its actual solution.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties No. 1 to 3 appeared and filed their written reply submitting therein that the boundary wall was constructed on outskirts of site earmarked for Social Justice Empowerment Department, Haryana. There was no proposal for closing the road in question by constructing boundary wall. Had there been any unlawful and illegal activities by the residents of Harki Devi Colony, then the complainants must have lodged a complaint with the police department in this regard but no such things had ever happened. The residents of Harki devi against whom the allegations have been leveled have not been impleaded as party to the complaint. It is wrong to say that the said road cannot be used by the residents of Harki Devi Colony. It is submitted that a tender amounting to Rs.1.75lacs has been called by opposite party no. 3 vide memo no. 8048-8098 dated 21.09.2021 for repair of existing boundary wall and closing of the road portion in question. The copy of the legal notice and other documents have not been supplied to the opposite parties. It is submitted that most of most of the complaint/issues/problems of the complainants have already been resolved. So, there is no deficiency in service on the part of respondents, hence the complaint filed by the complainants is liable to be dismissed.
3. Opposite party no. 4 appeared and filed its reply submitting therein that no complaint at any point of time has been moved to them by the complainants. However steps are being taken by the District Administration to shift the dairies out from the residential areas of the city. The sewerage line in the urban areas as well as in Harki Devi Colony are got cleaned by the opposite party from time to time and no complaint regarding overflow and leakage of sewerage line of Harki Devi Colony has been moved to the opposite party. It is wrong to allege that leakage of sewerage line of Harki Devi Colony has been diverted with the sewerage line of HUDA and on account of this reason, the sewerage line of HUDA usually remains overflowed. False allegations have been leveled for the sake of present complaint. Answering opposite party is not responsible for the law and order situation and whenever any such problem is faced by the complainant, the proper authority for redressal of their grievances is police administration. However no complaint of such type has been ever submitted to the answering opposite party. There is no deficiency in service on the part of opposite party. Hence the complaint filed by the complainants is liable to be dismissed.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C16 and has closed his evidence on dated 12.01.2023. Ld. Counsel for the opposite parties no. 1 to 3 has tendered affidavit Ex.RW1/A, document Ex.R1 and closed his evidence on dated 02.03.2023. Ld. Counsel for the opposite party No. 4 has tendered affidavit Ex. RW4/A and closed his evidence on 31.03.2023.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. We have perused the documents placed on record by both the parties. As per the letter Ex.C1 dated 01.12.2020, society of HUDA occupants made a representation before the opposite party No.1 to repair the existing dismantled boundary wall and new construction for missing boundary wall in sector 4. As per letter Ex.C2 dated 29.12.2020 issued by opposite party no.3 to opposite party No.1, opposite party no.3 sought clarification regarding construction of boundary wall on the junction of MC street and HSVP road. In reply to the said letter, opposite party No.1 vide its letter Ex.C3 has directed the opposite party No.3 to take action as per HSVP Policy. As per order dated 16.03.2022 of Deputy Commissioner, Rohtak, a committee was constituted and it was directed that the said committee will visit the disputed site and submit its report with detail comments within three days to their office. In compliance of the same, opposite party No.2 gave a reply Ex.C15 dated 27.09.2022 to the Deputy Commissioner, Rohtak and has submitted that : “The above mentioned members visited the disputed site on 17.03.2022. It was found that the wall in question existed as per demarcation plan of Sector-4. The adjacent colony(Harki Devi) has other thorough fares with access to the main road. The residents of Sector-4 are facing inconvenience due to frequent movement of tractors from colony into the sector. The road in front of complainants’ houses is frequently damaged due to this. And this is also adversely affecting the value of unsold lots of HSVP situated in the vicinity. So, in this light it is proposed that this wall be allowed to be constructed and Duty Magistrate alongwith police help be kindly provided”. Hence from the documents placed on record by the complainant it is well proved that the wall in question was in razed/dismantled condition and the residents of Sector-4 were facing inconvenience due to frequent movement of tractors from colony into the sector. Due to this the road in front of complainants’ houses was also damaged. Opposite party no.2 proposed to construct the wall. But no document has been placed on record by the opposite party no.2 that whether any action was taken by the opposite party no.2 to repair or construct the alleged wall. Opposite party No.1 in its affidavit has submitted that most of the complaints/issues/problems of the complainants have already been resolved. But to prove the same, no document has been placed on record by the opposite parties. On the other hand, as per the photographs placed on record by the complainant Ex.C4 to Ex.C7, it is proved that the wall in question is in dilapidated and dismantled condition. As such opposite parties are liable to construct the boundary wall and to resolve the grievances of the complainants.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no.1 to 3 to raise/construct the boundary wall on above mentioned road which closes on the outskirt of Sector-4 and at such points whereat, the same has been razed illegally and arbitrarily by the inhabitants of said Harki Devi Colony and also to install barbed wires upon it for the purpose of safety and security of inhabitants of sector-4 including the complainants. Opposite party No.1 to 3 are further directed to pay a lumpsum compensation of Rs.25000/-(Rupees twenty five thousand only) on account of deficiency in service as well as litigation expenses the complainants, which shall be paid to the complainants in equal share. Order shall be complied within one month from the date of decision, failing which opposite party no.1 to 3 shall be liable to pay interest @ 9% p.a. on the awarded amount of Rs.25000/-(Rupees twenty five thousand only) from the date of decision till its realization to the complainants.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
07.08.2023
................................................
Nagender Singh Kadian, President
...............................................
Tripti Pannu, Member.
...............................................
Vijender Singh, Member.
