DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 220 of 09-05-2012
Decided on 24-08-2012
Dhana Singh, aged about 71 years
Gursewak Singh @ Amarjeet Singh
Both sons of Nahar Singh
3.Sukhraj Singh aged about 41 years
4.Sukhveer Singh aged about 39 years
Both son of Gurpal Singh
5.Bhawant Kaur aged about 65 years widow of Gurpal Singh.
6.Randhir Singh aged about 75 years
7.Kashmir Singh aged about 65 years
8.Paramjeet Singh aged about 60 years
Sons of Shamsher Singh
All residents of Village Mehraj Patti Karamchand, Tehsil Phul, Distt. Bathinda.
........Complainants
Versus
Water Sewerage and Sanitation Division No.2, Bhagu Road Bathinda through its Executive Engineer.
.......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh. Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainants: Sh.Ashok Gupta, counsel for complainants.
For Opposite party: Sh.Vinod Goyal, counsel for opposite party.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainants have filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainants are having the agricultural land measuring 2 Kanals 15 Marlas in the village Mehraj Patti Karamchand. The opposite party started to store the waste water without getting prior permission of the complainants and against their wish. The said land is located in the village and is very costly. They are unable to cultivate the land or to give it on the contract (Thekha) as the opposite party is using the same without paying anything to the complainants. The complainants are suffering financial loss due to the negligence on the part of the opposite party. The complainants requested the opposite party not to store waste and dirty water in their land but they are adamant, did not listen to the complainants. The complainants have written many letters and also have sent a legal notice dated 20.3.2012 but to no effect. The complainants filed an application under RTI Act regarding the compensation being paid to other land owners by the opposite party who admitted that they are paying the Thekha to the other land owners. The complainants are suffering loss of more than Rs.1 lac per year due to the negligence of the opposite party. The opposite party is neither paying the loss nor vacating the land without any reason. Hence, the complainants have filed the present complaint for redressal of their grievance.
2. The notice was issued to the opposite party. The opposite party after appearing before this Forum has filed its written statement and has pleaded that Narotam Singh and Sukhdev Singh owners of the land measuring 5 acres entered into an agreement with the opposite party for giving their land on the contract basis since 2006-07 to store sewerage treatment plant's water. The opposite party is paying the contract amount to the land owners whose land is being used by the opposite party. The opposite party acting upon the representation dated 29.10.2010 as well as the legal notice, satisfied the complainants that the opposite party is paying contract amount to Narotam Singh and Sukhdev Singh owners of the land in question. The opposite party pleaded that the complainants kept mum since long.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. The main contention of the complainants is that their land measuring 2 Kanals 15 Marlas are being used by the opposite party to store the waste water without getting prior permission and despite their repeated requests, the opposite party has not paid anything to the complainants as the other land owners are paid by the opposite party. Due to the storage of the water, the complainants are unable to cultivate their land and give it on contract (Thekha). The opposite party has submitted that the complainants have not raised any objection since long. Moreover, they have been paying to Narotam Singh and Sukhdev Singh the land owners who have given their 5 acres of land for the storage of sewerage treatment plant's water, they have entered into an agreement on 2006-07. If the complainants have not been getting their amount they should have informed the opposite party.
6. A perusal of record placed on file shows that the complainants have sought the information under the RTI Act in which the information was supplied to the complainants that the contract of the land of Narotam Singh and Sukhdev Singh was given from 2006-07 to 2010-11. The complainants are owners of the land measuring 2 Kanals 15 Marlas but no agreement was done with the complainants regarding this land, the opposite party without entering into contract has been using the land of the complainants. The opposite party has taken the affidavit from the complainants regarding their land measuring 2 Kanals 15 Marlas. The contract was for 5 acres of land in total. From this 5 acres of land, the complainants's land is 2 Kanals 15 Marlas, meaning thereby the area of the complainants's land which has been occupied by the opposite party for the storage of the water is very less. Thus, the complainants are entitled to get the ¼ of the payment of the amount which is paid for 1 Kila, as no amount has been paid to the complainants since 2006, they are entitled to get the payment from 2006 onwards. The contract valid for year 2006-07 to 2010-11. Hence, they are entitled to get this amount as per their share of land which is being used by the opposite party for the storage of dirty water.
7. Therefore, from the facts, circumstances and evidence placed on file it is proved that out of the total land that has been used by the opposite party on contract, the land measuring 2 Kanals 15 Marlas of complainants is being used by the opposite party but it has never paid any amount for using the said land for the storage of the water. Thus, there is deficiency in service on the part of the opposite party and this complaint is accepted with Rs.3,000/- as cost and compensation and the opposite party is directed to pay proportionate amount according to their share of the land which has been used by the opposite party since 2006 till 2011 alongwith interest @ 9% per annum since 2006 till 2011. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.
In case of non-compliance, the further interest @ 9% per annum will yield till realization.
8. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
24-08-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
