Karnataka

Chitradurga

CC/186/2018

B.R.Ramesh S/o B.Rangoji Rao - Complainant(s)

Versus

The Municipal Commissioner, - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

29 Mar 2019

ORDER

COMPLAINT FILED ON:27/09/2018

DISPOSED      ON:29/03/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:186/2018

 

DATED: 29^th MARCH 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	B.R. Ramesh S/o B. Rangoji Rao, Age: 62 Years, No.1509, P.K. Rao Road, Opp: Sharada Tutorials Chikkapete, Chitradurga.   (Rep by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Municipal Commissioner, City Municipal Council, Chitradurga.   2. The Revenue Officer, City Municipal Council, Chitradurga.   (Rep by Sri.M. Umesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to waive off the arrears of water tax of Rs.37,280/-, to direct the OPs to disconnect the water connection which was taken by previous vendor, to pay Rs.50,000/- towards compensation and Rs.10,000/- towards mental agony and Rs.5,000/- towards costs.

   2.   The brief facts of the case of the above complainant are that, he is the owner of house situated at second block, P.K. Road, Chikkapete, Chitradurga, the same has been purchased by its vendor for a valuable consideration on 24.01.2000.  After that, the complainant has filed an application before the OPs for change of khata in his name.  Accordingly, the OPs have changed the khata of the above said house in favour of the complainant.  By that time, the OPs have collected the entire water charges and revenue tax concerned to the above said house from the complainant.  Now the OPs have issued notice to the complainant demanding to pay Rs.37,280/- towards arrears of water charges, which is against to the law.  The complainant already paid the entire arrears of water charges to the OPs at the time of registration, therefore, the complainant has prayed for waive off the amount which demanded by the OPs in their notice.   

 3.     On service of notice, OPs appeared through Sri. M. Umesh, Advocate and filed version denying all the allegations made in the complaint. 

According to the version filed by the OPs, it is submitted that, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed limine.  Further the averments made in the complaint are not sustainable under law.  The complainant has filed this complaint against the OPs is to get unlawful gains.   It is further submitted that, the water tax is differ from house tax.  The house tax is collected by the revenue authority and water charges is comes under technical department.  It is further submitted that the endorsement issued on 17.01.2017 demanding to pay the amount of Rs.37,280/- is mandatory, everyone has to pay the revenue to the concerned department and also water tax, therefore, the question of waive off the amount demanded by them does not arise and hence, prayed for dismissal of the complaint.

 4.     Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-12 were got marked and closed his side. OPs have not examined any witness, but they have filed version and written arguments.

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the notice issued by the OPs demanding to pay Rs.37,280/- towards the water arrear charges is against to the law and the OPs have committed deficiency of service and entitled for the reliefs as prayed for in the above complaint?

              (3) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in affirmative. 

Point No.2:- As per final order.

REASONS

8.      Point No.1:- There is no dispute between the parties that, the complainant is the absolute owner of house bearing khata No.883/2122/1992/1509 measuring 17 ½ X 51 feet situated at II Block bearing D.No.1509, P.K. Road, Opp: Sharada Tutorials, Chikkapete, Chitradurga.  The complainant has purchased the same from its lawful vendor under registered sale deed.  At the time of purchasing the above said house, the complainant has cleared the entire house tax and water charges.  After purchasing the said house, the complainant has intimated the OPs to disconnect the water connection which was taken un-authorizedly by its previous vendor.  But the OPs have not done so.  The complainant is having only one connection for using the water from the OPs tap.  But the vendor of the complainant was using the tap unauthorizedly without paying the water charges to the OPs.  At the time of purchasing the property, the complainant has cleared the entire water tax to the OPs.  But the OPs have issued an endorsement stating that, the complainant is still due an amount of Rs.37,280/-.  Generally, at the time of registration of the property and change of khata, the OPs will collect the entire due amount from the parties.  In this case also, the OPs have collected the entire water tax and revenue tax from the complainant.  Therefore, the endorsement issued by the OPs is not sustainable under law and the OPs have committed deficiency of service.

9.      We have gone through the entire documents filed by the complainant, those are marked as Ex.A-1 to 12, which clearly goes to show that, the complainant is the absolute owner of the above said house property, the same has been purchased from its lawful vendor under a registered sale deed.  After purchasing the same, the complainant has approached the OPs for change of revenue documents into his name.  Generally by that time, the OPs will collect all the house tax and water tax from the parties.  In this case also, the OPS have collected the entire dues from the complainant.  Therefore, the endorsement issued by the OPs demanding to pay the arrears of water charges is not sustainable, the same is liable to be waive off. Therefore, the OPs have committed deficiency of service.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.3:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed. 

It is ordered that, the endorsement issued by the OPs to the complainant demanding to pay Rs.37,280/- towards the arrears of water tax is waived off

It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 29/03/2019 and it is pronounced in the open Court after our signatures)         

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Copy of the registered sale deed dated 24.01.2000
02	Ex-A-2:-	Khata transfer endorsement Ya notice dated 16.06.2000
03	Ex-A-3:-	Requisition letter to the OP No.1 dated 03.11.2017
04	Ex-A-4:-	Endorsement give by OP No.1 dated 17.11.2017
05	Ex-A-5:-	Requisition letter to OP No.1 dated 15.11.2002
06	Ex-A-6:-	Requisition letter to OP No.1 dated 27.12.2002
07	Ex.A-7:-	Requisition letter to OP No.1 dated 28.12.2002
08	Ex-A-8:-	Requisition letter to OP No.1 dated 15.04.2017
09	Ex-A-9:-	Tax paid receipt dated 11.10.2010
10	Ex-A-10:-	Tax paid receipt dated 21.07.2014
11	Ex-A-11:-	Water tax paid receipt dated 06.04.2017
12	Ex-A-12:-	Legal notice dated 22.02.2018

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

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