MS. NIPUR CHANDNA, MEMBER

ORDER

18.03.2024

1.       The complainant has filed the present complaint alleging the deficiency in service on the part of OP.

2.       The complainant is the resident of Dhruv Apartment, Sector-13, Rohini, Delhi. It is alleged by the complainant that in the society most of the residents have attached water motors with the main water supply line, which is illegal and due to which other residents were facing water crises those are living on higher floors. Despite the fact that all are paying equal maintenance charges to OP. It is further alleged by the complainant that society is providing two types of water, one purchase from DJB for drinking purpose and other from Boring water. Those who attached water motor with the main water lines they were using the drinking water for toilet purpose also where as the complainant has to purchase the drinking water from the market. On various occasions complainant approached OP and request to remove the motor so that the drinking water is available to the residents of higher floors also, but all in vain. It is further alleged that the management of OP gave permission to the resident to install water tank of high capacity despite the fact that some residents are not getting even boring water. It is further alleged that the residents of the society have been given the possession in the flat since 1991 still the society has not get approval from the Registrar of the Society. Audits are rarely conducted. It is further alleged that the management of OP company demanded certain dues however, complainant refused to pay the same and further asked the official of the OP to show the entire account in respect to the same. Being annoyed by the action of the complainant OP withdraw the sweeper facility from the complainant as well as blocked the water pipe so that the regular supply of water is affected at the premises of complainant.

3.       It is alleged by the complainant that being aggrieved by the conduct of OP he approached this Commission with the following reliefs:-

i) the society management be order to detach all the water motors attached with the main water supply line.

ii) the society management be order that all the water tanks be kept at the top of the society at equal heights which is the practice in all societies and water tank of equal capacity be permitted.

iii) the society management be order to advise me the correct difference amount payable by me other wise no difference will be paid and the sweeper facility withdrawn be restores. The water pipe blocked be cleared and be warned to this management to desist from such a degraded action in future.

4.       Notice of the complaint was sent to OP. OP files its written statement thereby challenging the maintainability of the present complaint. It is further stated that the issue raised by the complainant about audit, draws the society fall under the jurisdiction of DDA and registrar of the society. It is further stated that complainant has already approached Registrar Co-operative Society in respect to the issues in question. The management has rightly recalled the services as due to the pending maintenance from the defaulting members including the complainant who is willfully avoiding the payment under one pretext or the other. It is further stated that management had not withdrawn the sweeper facility as well as not created any hurdle in water supply of the complainant. It is further prayed that the present complaint be dismissed with cost being frivolous one.

5.       Complainant filed his evidence by way of affidavit. Sh. V. K Bhatia President of OP filed his evidence by way of affidavit in support of his contention.

6.       We have heard the arguments advance at the bar by complainant. Despite opportunities none appeared on behalf of OP for addressing arguments and have perused the record.

7.       Before adverting to the disposal off the present complaint let us peruse the definition of consumer  As per section 2 (d) of Consumer Protection Act, 2019: -

(7)           "Consumer" means any person who—

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

Explanation.—For the purposes of this clause,— (a) the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment; (b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

8.       In the present complaint case the complainant has sought the following reliefs against OP:-

i) the society management be order to detach all the water motors attached with the main water supply line.

ii) the society management be order that all the water tanks be kept at the top of the society at equal heights which is the practice in all societies and water tank of equal capacity  be permitted.

iii) the society management be order to advise me the correct difference amount payable by me other wise no difference will be paid and the sweeper facility withdrawn be restores. The water pipe blocked be cleared and be warned to this management to desist from such a degraded action in future.

9.       The bare perusal of the aforesaid relief makes it clear that the dispute in question is not a consumer dispute as the complainant has not paid any consideration to OP nor had hired any services of the OP rather he is one of the member of the society and is enjoying the facilities provided by  OP. Moreover, the relief claimed by complainant qua OP does not fall under the category of consumer dispute and as such we are of the considered view that neither the complainant is consumer nor the issued involve in the present case  is consumer dispute. We therefore is of the opinion that the present complaint case is not maintainable before this commission, hence dismissed.

          File be consigned to record room.

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   18.03.2024.

Sanjay Kumar              Nipur Chandna                        Rajesh

               President                            Member                          Member