Per Shri Bhaskar B. Yogi – Hon’ble President.
1. Consumer complaint filed U/S 35 against the CEO Water Supply Department Gondia and the owner of the property i.e OP No.2 for disconnecting his water pipeline. Hence, this complaint claiming for monetary claim on various heads and shifting of pipeline.
2. Complaint was admitted on 26.03.2021. OP no. 1 filed its Written Version on 27.06.2022, Affidavit in Lieu of Evidence and Written Arguments on 04.08.2022 and OP No. 2 filed her Written Version on 20.10.2021, Affidavit in Lieu of Evidence and Written Arguments on 04.08.2022.
3. On perusal of daily order sheet it seems that the complainant delayed the complaint for one or the other reason and fail to comply the order dated 24.07.2022 and again on 04.08.2022, till final arguments and fail to file affidavit / counter affidavit in lieu of evidence. However on 28.09.2022 counsel for complainant filed application to allow him to argue and file certain documents but sought an adjournment which is allowed by imposing cost of Rs. 500/-.
Today the complainant filed his affidavit and certain additional documents and written arguments. Hence we heard the arguments today of both parties.
4. Complainant has filed interim relief application along with complaint which was allowed on 26.03.2021 directing OP No.1 to provide water connection till pending of the consumer complaint. In view of direction of this commission OP. no.1 complied the order. Ld counsel for complainant pressed to allow the complaint in view of two facts (i) the complainant has obtained the water connection and he is still paying the bill having all original bills with him, (ii) he is consumer being beneficiary.
And relied upon ruling of Hon’ble Allahabad High Court wherein it was held as :-
AIR Online 2021 All 631
ALLAHABAD HIGH COURT
(LUCKNOW BENCH)
ALOK SINGH, J. and KARUNESH SINGH PAWAR, J.
MISC. BENCH- 24807 of 2020 D/- 12-1-2021
Sharda Rani v. Lucknow Jal Sansthan, Aishbagh
Constitution of India, Art.226, Art.21 - Writ petition - Petitioner, second wife of deceased, claiming for electricity and water connection in her house, which was disconnected by son of first wife of deceased - Petitioner willing to complete all formalities which are required by Lucknow Jal Sansthan - Possession of petitioner in house in question was admitted by intervener and same is not disputed - In view that right to access to drinking water is fundamental right to life and there is duty on State u/Art.21 of Constitution of India to provide clean drinking water to its citizens - Lucknow Jal Sansthan directed to provide water connection to petitioner, strictly in accordance with U.P. Nagar Mahapalika Water Supply Rules, 1968.
And disposed off by making it clear that “this order shall not confer any title or right to any of the parties, to be used in any other proceedings.”
Similar view is also taken by Hon’ble Gujarat High Court in
Yogesh Lakhmanbhai Chovatiya vs PGVCL Through The Deputy Engineer, decided on 2 August, 2022 Hon’ble Gujarat High Court relying upon ruling of Division Bench directed the electricity department to given electric connection to the occupier.
Para 8. The Division Bench of this Court, in the order dated 27.01.2010 passed in Letters Patent Appeal No.91 of 2010, has observed thus:
"In the present case, Counsel for the appellant has failed to show that any provision laid down under law or guidelines allowing a company to recover its dues by seizure of property or by auction sale of such property for which condition is imposed on consumer to show right or title in giving electrical connection. Such power being not vested under the law with the company and as the company cannot decide the disputed question of right and title, we are of the view that ownership or right of occupancy has no nexus with grant of electrical connection to a consumer."
Opposite party no. 1 relied upon list of documents required before granting connection. We feel the list of documents are only for guidance and not mandatory. They have stated in their written version that the complainant is tenant as information gathered from reliable source. Hence the tenancy agreement has to be filed before taking connection.
On this the ld. advocate for complainant relied upon the sec. 29 of the Maharashtra rent control act, 1999 and argued that on any ground the water connection cannot be disconnected being essential supply of service.
On other side the Opposite party no.2 argued that there is a civil dispute with the complainant for which this commission does not any jurisdiction and the complainant have no lacus to file present complaint but failed to produce any receipt of payment of water bills and even issue between them can be agitated at competent civil court.
5. In view of definition of consumer as defined under the act, the complainant is consumer being ready and willing to pay the price of service hired from Opposite Party no.1, we are o the view that the commission does have jurisdiction to deicide the consumer dispute between the parties i.e. Complainant and OP. No. 1, since prayed for water connection is against OP no.1 and OP no. 2 is added as necessary party so that she can’t any disturbance while utilizing the service of OP no.1 and also in view of above rulings the complaint must be allowed being water is necessity and title dispute if any between the parties i.e. complainant and OP no.2 may be agitated at appropriate court of law.
Therefore, following order:-
FINAL ORDER
- The complaint is allowed partly.
- Opposite party no. 1 is directed not to disconnect the water connection and collect the bill from the complainant as and when due as per rules. Failure to comply will attract penalty of Rs. 100/- each day of default. O.P. No. 2 is restricted to create any hindrance for using water connection till lawful order in her favor from any competent court of law.
- Certified free copy of this order be provided to the parties as per as per Regulation 21.
- Additional sets of complaint be returned to the complainant and original complaint along with documents be confined to record room
Pronounced on 29th September, 2022.
