Punjab

Fatehgarh Sahib

CC/117/2014

Mohinder Singh - Complainant(s)

Versus

water supply & sanitation - Opp.Party(s)

Sh Harjit Singh

08 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 117 of 2014

                                           Date of institution : 25.08.2014                                                  Date of decision    : 08.04.2016

Mohinder Singh son of Sh. Sarwan Singh, resident of village Fatehpur Raiyan, Block and Tehsil Bassi Pathanan, District Fatehgarh Sahib.

……..Complainant

Versus

Sub Divisional Engineer, Water Supply and Sanitation, Punjab Village Water Supply, Sub Division Block Bassi Pathanan, at Fatehgarh Sahib.

…..Opposite Party

Complaint Under Sections 12  to 14 of the Consumer Protection Act.                                             

Quorum

Sh. Ajit Pal Singh Rajput, President                                       Smt. Veena Chahal, Member                                                       Sh. Amar Bhushan Aggarwal, Member

Present :  Sh.Harjit Singh, Adv. counsel for the complainant.                        Sh.Bharpur Singh, Adv.Cl. for the OPs.

 

ORDER

 

By Amar Bhushan Aggarwal, Member

                      Complainant, Mohinder Singh son of Sh. Sarwan Singh, resident of village Fatehpur Raiyan, Block and Tehsil Bassi Pathanan, District Fatehgarh Sahib, has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                   The complainant alleged that OP has sent a water bill/ notice dated 15.11.2013 to him regarding the water supply connection bearing account No.P-42/BS12/001000W demanding the illegal amount of Rs.5090/-. It is further stated that previously a water supply connection bearing No. 10 L.S. 10 was running in the name of the complainant and he disconnected the same, vide application dated 19.05.2009, and deposited Rs.2,550/- with the OP as full and final payment through receipt No.92601 dated 21.05.2009. The employee of the OP also made endorsement on the application that the said connection is disconnected and nothing is due towards the said water supply connection.  The OP issued the said notice/bill to the complainant for demanding Rs.5090/- from the complainant without any reason.  The complainant also moved an application to the OP to withdraw the said illegal bill/notice but to no effect. The complainant never used the said water supply connection from 21.05.2009 till date nor did he receive any notice/bill regarding the use of said water supply connection.  The OP has also sent another illegal notice dated 09.06.2014 to the complainant for demanding Rs.5,775/- for the period of May 2009 to May 2014. The complainant visited the office of the OP and requested to withdraw the said notice as he had already got disconnected the said water supply connection on 21.05.2009 after adopting the proper procedure but the OP did not listen to the genuine requests of the complainant and refused to admit the claim of the complainant. The complainant also served a legal notice upon the OP but in vain. The act and conduct of the OP amount to deficiency in service on its part. Hence this complaint for giving directions to the OP to withdraw the notices dated 15.11.2013 and 09.06.2014 and further to pay Rs.50,000/- as compensation for mental agony and harassment suffered by the complainant.

3.                   In reply to the complaint the OP stated that the complainant has concealed the true and material facts from this Forum. The complainant is already using the said connection and the same is running in the name of the complainant. The complainant has deposited the consumption charges for the period 7/06 to 4/09 amounting to Rs.2,550/-. The complainant never approached to the office of OP for fulfilling the disconnection procedure i.e. the complainant has to deposit disconnection fee of Rs.100/-, then the concerned J.E. has to report the matter to S.D.E and thereafter the connection of the complainant was to be disconnected.  The water supply connection of the complainant could not be disconnected due to non deposit of disconnection fee by the complainant.  The bills in question were issued regarding the consumption of water used by the complainant and there is no deficiency in service on the part of the OP. After denying the other averments made in the complaint, OP prayed for dismissal of the complaint.

4.                   In order to prove the case the complainant tendered in evidence his affidavit  Ex. C-1, affidavit of Balwinder Singh Ex. C-2, affidavit of Chand Ram Ex. C-3, true copy of notice dated 09.06.2014 Ex.C-4, true copy of water bill cum notice Ex. C-5, true copy of receipt No. 92601 Ex.C-6, true copy of application for disconnection of water supply Ex.C-7, true copy of application dated 04.12.2013 Ex. C-8, true copy of legal notice Ex. C-9, report of local commissioner Ex.C-10, copy of postal receipt Ex. C-11, attested copy of letters Ex.C-12 and C-13 and also tendered attested copy of application Ex. C-14 in additional evidence and closed the evidence. In rebuttal the OP tendered in evidence affidavit of Krishan Lal AE Ex. OP-1, affidavit of Dalvinder Singh SDE Ex. OP-2, true copy of bill dated 15.11.2013 Ex. OP-3, affidavit of Sushil Kumar Ex.OP-4 and attested copies of receipts and declaration Ex.OP-5 to Ex.OP-10 and also tendered affidavit of  Dalvinder Singh S.D.E. Ex. OP-11 in response to additional evidence and closed the evidence.  The OP also filed objections to the Report of Local Commissioner.

5.                   Ld. counsel for the complainant argued that bill No.5637 dated 15.11.2013 for Rs.5,090/- and demand notice dated 09.06.2014 for Rs.5,775/- issued by the OP was illegal, unjustified and uncalled for this demand of OP declared null and void since he had already applied for water disconnection on 19.05.2009(Ex. C-7) and as per the demand of the OP balance amount of Rs.2,550/- was deposited on 21.05.2009, vide receipt No. 92601(Ex. C-6) and nothing was due to be paid. As per the Local Commissioner report( Ex. C-10) submitted in this Forum on 25.03.2015, water connection is already disconnected. After the submission of request for disconnection on 19.05.2009  and payment of pending dues of Rs.2,550/- on 21.05.2009 no bill was received for 4½ years and act of a sudden bill No.5637 dated 15.11.2013 was  issued and demand notice dated 09.06.2014 was also issued. Ld. counsel pleaded for declaring the bill dated 15.11.2013 and demand notice dated 09.06.2014 as null and void with heavy cost.

6.                   Ld. counsel for the OP argued that water connection was in the running condition and that bill for Rs.5,090/- and demand notice was issued regarding actual consumption of water by the complainant. Amount of Rs.2,550/- deposited by the complainant on 21.05.2009 was for the period of 07/06 to 04/09. The complainant had neither deposited Rs.100/- as disconnection fee as per department rules nor followed the proper procedure for disconnection of water connection. So the connection of the complainant could not be disconnected. Moreover, there were arrear of bill against the complainant till today and entire bills had not been paid. The Ld. counsel pleaded for dismissal of the complaint.

7.                   After hearing the Ld. counsel for the parties and going through the pleadings, evidence produced by the parties, written arguments submitted by the OP and the oral arguments, we find that there is force in the pleadings of the complainant. Once the complainant had applied for disconnection on 19.05.2009 and deposited the pending amount of Rs.2,550/- on 21.05.2009 the water connection should have been disconnected. If an amount of Rs.100/- was to be charged as disconnection fee, the complainant should have been asked to deposit the same alongwith pending dues or separately.  The complainant had never been asked to deposit the disconnection fee. Even if the water connection was in operation, there is no record to show that the complainant was issued any water bill between 21.05.2009 and 15.11.2013. The bill for Rs.5,090/- had been issued on 15.11.2013, after a period of 4½ years and a demand notice on 09.06.2014,  which proves the deficiency in service and negligence on the part of OP. We, therefore, partly accept the complaint.  The Bill No. 5637 dated 15.11.2013 for Rs.5090/- and demand notice dated 09.06.2014 are declared null and void and we direct the OP not to charge the same from complainant. The parties are to bear their own costs.

8.                   The arguments on the complaint were heard on 01.04.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:08.04.2016

(A.P.S.Rajput)                          President

 

(Veena Chahal)                        Member

 

      (A.B.Aggarwal)                       Member