Chandigarh

DF-I

CC/239/2022

Gopal Krishan Bhallo (Retd.) - Complainant(s)

Versus

The Commissioner, Municipal Corporation - Opp.Party(s)

In Person

13 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/239/2022
Date of Institution	:	07/03/2022
Date of Decision	:	13/12/2023

 

Gopal Krishan Bhalla (Retd.) H.No.147,(1117/3 old), Gobind Pura, Manimajra, Chandigarh-160101.

… Complainant

V E R S U S

The Commissioner, Municipal Corporation, Sector 17, Chandigarh 160017.

… Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	Sh.Anant Pal Singh, Advocate for OP.

 

Per Surjeet kaur, Member

1.      Averments are that the regularization of the temporary water connection of complainant in the year 2017, the complainant received first water bill dated 8.1.2018 of Rs.93,418/- for the period of September 1993 to 08.01.2018. The complainant deposited the above said amount of Rs.93,418 dated 15.01.2018. Neither any demand notice regarding release of water connection has been received nor any water connection was sanctioned. The complainant made various representations to the OP including letters dated 9.1.2019 and 23.01.2019 for the sanction of water connection and for the settlement of above said amount. Finally on deposit of Rs.2130/- as security for the provision of water connection, OP issued water connection to the house of complainant on 8.5.2019, whereas the bill raised of Rs.93,418 on 8.1.2018 for temporary period is so much high, but as per law the complainant has to pay the water bill only after 8.5.2019, as the water connection was issued to his house only on 8.5.2019. Despite so many representations of the complainant, neither OP-Department has settled the above said already paid amount of Rs.93,418/- at nominal rate nor has responded the same till date. Hence, is the present consumer complaint.
2.     OP contested the consumer complaint, filed its written reply and stated that the complaint are admitted that an amount of Rs.93,418/- dated 8.1.2018 was issued to the complainant and the said payment of Rs.93,418/- was received in the office of OP. The said amount was raised qua the complainant for illegal usage, penal charges and as per water bye-laws. The complainant never made any payment from 1.7.2001 to 14.01.2018. The said rates were for fixed usage of 50KL per month as per the bye laws (Annexure R-2). It is further stated that the complaint is hopelessly time barred. On these lines, the case is sought to be defended by the OP.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the complainant and learned counsel for the OP and gone through the record of the case.
6.     The sole grouse of the complainant through present complaint is that an amount of Rs.93,418/- was charged from him illegally, arbitrarily by the OP for the period September 1993 to 08.01.2018. It has also been alleged that the OP has charged much lesser amount from some other applicants who filed an application for connection during the same time period as of the complainant.
7.     After going through the evidence on record, it is abundantly clear that the complainant paid amount of Rs.93,418/- vide bill No.1796/08.01.2018. Most importantly, the aforesaid payment was made by the complainant without any protest. The contents of Annexure R-1, dated 27.11.2018 are as under:-

        

Sr.No.	Period	One-time charges upto 31.7.2018 from date of illegal connections
		Domestic	Non-Domestic
1	Before 31st May 2011 and thereafter as per Sr. No.2 below	Rs.50/- per month	Rs.400/- per month
2	After 1st June 2011 upto 31.07.2018 and thereafter as per Sr. No.3 below	Rs.200/- per month	Rs.800/- per month
3	After 1st August  2018	As per applicable Chandigarh Water Supply Bye Laws 2011

 

8.        In the present case, the complainant’s bill was raised on 18.11.2018 before the aforesaid notification. Hence, in our opinion, the OP rightly charged the justified amount applicable on the date of request of the complainant. Pertinently, the complainant admittedly, took the possession of the premises in the year 1993 which is again in the name of the wife of the complainant and not in the name of the complainant. Notably, the disputed bill in question was raised on 08.01.2018 and admittedly the same was deposited on 15.01.2018, but the present complaint has been filed on 07.03.2022 beyond the limitation period of 2 years as per Consumer Protection Act. Hence, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs. 

9.       Pending miscellaneous application, if any, also stands disposed of.

10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd-
13/12/2023			[Pawanjit Singh]
Ls			President
			Sd-
			[Surjeet Kaur]
			Member
			Sd-
			[Suresh Kumar Sardana]
			Member