Chandigarh

DF-I

CC/29/2021

Shailesh Mani Tripathi - Complainant(s)

Versus

The Municipal Corporation Chandigarh. - Opp.Party(s)

In Person

27 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/29/2021
Date of Institution	:	11/01/2021
Date of Decision	:	27/08/2021

 

Shailesh Mani Tripathi aged about 58 years S/o Late Sh.Rama Shankar Tripathi, R/o H.No.2413-A, Sector-63, Chandigarh.

… Complainant

V E R S U S

1. The Municipal Corporation Chandigarh, through its Commissioner, M.C. Building Sector-17, Chandigarh.
2. The SDO, MCPH Sub Division 08, Sector-32 Chandigarh.

… Opposite Parties

CORAM :	RAJAN DEWAN	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	Opposite Parties ex-parte.

Per Suresh Kumar Sardana, Member

1.     The long and short of the allegations are that the Opposite Parties continued to send the water bills to the complainant on average consumption basis, in spite of the fact that the flat of the complaint remained vacant from 28.02.2020 to 28.11.2020. The complainant was not satisfied with the stand taken by the Opposite Parties that meter was not working properly during this period. If that was the case then the complainant stand is that the Opposite Parties should have informed him on his mobile or he should have been issued a notice, which was not done. Therefore, the excess amount deposited by the complainant even without consumption of a single drop of water is required to be refunded.  Alleging that the above said act & conduct of Opposite Parties showed clear cut negligence & deficiency in service and complainant filed this complaint and wanted Opposite Parties to refund the excess amount of Rs.2503/- charged.
2.     Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte on 25.02.2021.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the complainant and gone through the record of the case. On perusal of the water bills and electric bills, it is observed that the water bills for the said period is observed to be uniform, where as in certain electric bills, the units consumed appear to be minimum. Hence, we are constrained to believe the version of the complainant that the house was vacant during the said period and where in the complainant has been charged on the fixed basis on the grounds that meter was faulty. If that was the case, then Opposite Parties were duly bound to inform the complainant by telephonic message/call or by way of notice, to enable him to take corrective steps for replacement of meter, which was not done. Hence, we are of the concerted view that this act and conduct of Opposite Parties is clear cut negligence and amounts to deficiency in service.
5.     Significantly, Opposite Parties did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties shows that they have nothing to say in their defense against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
6.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Parties No.1 & 2 are directed as under :-

1. to pay ₹2503/- to the complainant.
2. to pay an amount of ₹1,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹1,000/- to the complainant as costs of litigation.

7.     This order be complied with by the Opposite Parties No.1 & 2 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
8.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
27/08/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rajan Dewan]
Ls	Member	Member	President