Haryana

Ambala

CC/237/2018

Vishal Sethi - Complainant(s)

Versus

The Public Health Department - Opp.Party(s)

04 Oct 2019

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                           Complaint case no.         :  237 of 2018

                                                          Date of Institution           :  01.8.2018

                                                          Date of decision              : 04.10.2019.

 

Vishal Sethi, aged 48 years, son of Shri Satish Kumar Sethi, son of Shri Jai Ram Sethi, resident of House No.74, Sector-7, Urban Estates, Ambala City.

          ……. Complainant.

 

The Public Health Department, through the Sub Divisional Engineer, Public Health Engineer, Sub Division No.3, Ambala City.

                                                               ….…. Opposite Party.

         

Before:        Ms. Neena Sandhu, President.

                   Ms. Ruby Sharma, Member,

Sh. Vinod Kumar Sharma, Member.          

                            

Present:       Shri Jasmer Chand, Advocate, counsel for complainant.

Shri Kamal Jeet Singh, JE, authorized representative for OP.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to  OP:-

1. Not to charge the billed amount of Rs.1,58,767/-.
2. To pay Rs.50,000 /- as damages for acting in an illegal showing the sheer deficiency of service.
3. To install the new water connection in the premises of the complainant i.e site No.9 in Block-C.
4. To pay Rs.11,000/- as litigation charges.

 

Brief facts of the case are that the complainant is the landlord/owner of the premises, bearing House Tax No.2045, Block-10, behind Sethi Market, Ambala-Naraingarh Road, Baldev Nagar, Ambala City. He divided the said premises in 5 Blocks, the total premises is rented out to different persons. In Block-C of the said premises, the Site No.9 and 10, were rented out to the Uttar Haryana Bijli Vitran Nigam Limited, Construction Division, Ambala (hereinafter referred to as UHBVNL). The OP released the water connection No. BN-1119 and installed the water meter with provision of two taps in the rented premises of Block-C bearing Site No.10, as detailed in the site plan. The tenants were using the water and paying the bill amount to the OP. The tenant, UHBVNL, had vacated the premises, bearing site No.C-9 in the year 2007 and since then it is lying vacant. Since, the premises was under the tenancy of UHBVNL and the water Bill was being paid directly by it so, there was no occasion for him to look in the propriety of various water bills. Even, he was not apprised by the OP about any irregularity in the payment of the water bill of the said connection and he always remained under the bonafide impression that all the dues of water charges were being regularly paid by the UHBVNL, Construction Division, Ambala City. No notice of any kind, was ever served upon the complainant by the OP, with regard to non-payment of water bills. He planned to open an office for his business, in the premises bearing site No.C-9, which was lying vacant since 2007. On 13.04.2017, he applied for release of water connection in the said premises, then the OP handed over him the water bill No.0557, dated 22.03.2017 of Rs.1,50,517/- for the water connection No.119. He went to the office of OP and explained that no bill was due against the said connection and UHBVNL, Construction Division, Ambala City, had been paying all the water bills directly to the OP. But, the OP told him that no new water connection would be given to him unless he pay the amount of the bill dated 22.03.2017.  He requested the OP several times for release of water connection, but of no avail. For the first time, the OP served a notice bearing No.1/17 dated 03.11.2017, upon the complainant for payment of the amount of Rs.1,50,517/- to the OP. He sought information under the Right to Information Act from Public Health Department and vide application Memo No.614 dated 16.02.2018. The OP informed him that the bill for consumption of water from March, 2008, till 31.12.2017, is Rs.1,58,767/-. He got astonished when the OP vide letter bearing memo No.614 dated 16.02.2018, informed the complainant that no meter exists on the site, rather, no meter was installed at the site, inspite of the fact that water meter is very much existing on the spot. From the information it was clear that he was charged an amount which was not payable by him and there is sheer deficiency of service on the part of OP. He again sought information from OP vide letter dated 15.03.2018, on which vide Memo No.1239 dated 09.04.2018 OP gave information to him that an amount of Rs.39,692/- was due as per bill dated 25.02.2010 and the name of meter reader up to 31.12.2014 was Hari Om and from 01.01.2015 to till date meter reader is Ram Murti. The act of the OP, demanding exorbitant amount of Rs.1,58,767/- without any basis and not to release new water connection in the said premises amounts to deficiency in service.  Hence, the present complaint.

2.                Upon notice, OP appeared through counsel and filed written raising preliminary objections regarding maintainability, suppressed the true and material facts from the learned Forum; that as a matter of fact. On merits, it is stated that a water connection was installed in the premises bearing connection No.BN-1119. The complainant never informed the OP that the premises has been let out to the UHBVNL, Construction Division Ambala. The complainant is in arrears of water bill dated 25.10.2010 upto date and as per the bill No.6210911 of March, 2018 an amount of Rs.1,66,267/- are still pending against the complainant and it is the duty of the complainant to check whether his tenants are paying the bill regularly or not. The water bills were sent by the OPs regularly but were not paid by the tenants and the complainant was requested many times to make the payment, but he did not pay the arrears of bill and the OP was constrained to issue notice bearing No.1/17 dated 03.11.2017 to the complainant. It is further stated that OP rightly issued the bill for sum of Rs.1,50,517/- to the complainant. Now as per the bill No.6210911 of March, 2018 and amount of Rs.1,66,267/- are still pending against the complainant, which are not paid by the complainant inspite of repeated demands and requests. The complainant failed to produce any receipt regarding the payment of the previous bills. The complainant was informed several times that an amount of Rs.1,50,517/- as arrears of water charges is outstanding against him but when he did not pay the said amount then the OP issued a notice bearing No.1/17 dated 3.11.2017. Complainant sought the information under RTI Act and same was supplied to the complainant. Water bill raised by OP amounting to Rs.1,58,767/- is legal and correct and charged at flat rate as there was no meter installed in the premises. As the complainant failed to pay the arrears of bill as such is not entitled for new connection. Complainant failed to clear the outstanding dues and as such he is liable to pay arrears amount Rs.1,66,267/-.  Rest of the allegations levelled by the complainant is denied for lack of knowledge and prayer has been made for dismissal of the present complaint.

3.                To prove the version, complainant tendered his affidavit Annexure CW1/A alongwith documents as Annexure C-1 to C-12 and closed the evidence on behalf of complainant. On the other hand, Authorized Representative of OP tendered his documents Annexure OP1 to OP3 and closed the evidence on behalf of OP.      

4.                 We have heard the complainant and authorized representative of the OP and carefully gone through the case file.

5.                From the perusal of Annexure OP-2 & Annexure C-2, it is evident that the commercial water connection was installed in the premises of the complainant. In para No.3 of the complaint it has categorically been mentioned that the complainant had rented out the said premises to UHBVNL, Construction Division, Ambala. Once from the record it is borne out that the commercial water connection was installed in the premises of the complainant and the water was being used by his tenants, thus, as per Section 2(1)(d) of the Consumer Protection Act, 1986, the complainant cannot be said to be consumer qua the OP.  Accordingly, the present complaint is hereby dismissed, without any order as to costs, being not maintainable. The complainant shall, however, be at liberty to resort to any other remedy, which may be available to him, under the relevant provisions of law. He may seek condonation of delay, for the period, his complaint remained pending in this Forum, as permissible under Section 14 of the Indian Limitation Act, 1963. Certified copy of this order be supplied to the complainant, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :04.10.2019.

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

              Member                                  Member                       President