Date of filing: 25.08.2022
Date of Disposal: 15.05.2023
BEFORE THE III ADDITIONAL BANGALORE URBAN
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU – 560 027.
DATED THIS THE 15th DAY OF MAY, 2023
CONSUMER COMPLAINT NO.170/2022
PRESENT:
SRI.RAJU K.S,
SMT.REKHA SAYANNAVAR,:MEMBER
Sri Ajjappa,
S/o. Late. Chikkasiddegowda,
Aged About 61 Years,
Residing at No.337, 4th Cross,
-
J.P. Nagar, 4th Phase,
(Rep. by Sri. Harsha, Advocate)
- V/s -
1) Additional Chief Engineer,
BWSSB, Sub-Division-2,
South Division-2, 2nd Floor,
Kaveri Bhavan, K.G. Road,
Bangalore-560 009.
2) Executive Engineer,
No.5, Sub-Division, South-East,
BWSSB, Kapilabhavan, 1st Floor,
-
3) Assistant Executive Engineer,
No.5, Sub-Division, South-East,
BWSSB, Kapilabhavan, 1st Floor,
-
4) Inspector,
BWSSB, 11th B Cross, 28th Main,
J.P. Nagar 1st Stage,
(Opposite party No.1 to 4 are
rep. by Prashant. T. Pandit, Advocate)
//JUDGEMENT//
BY SRI. RAJU. K.S, MEMBER
01. The complainant has filed this complaint under Section-35 of Consumer Protection Act, 2019 seeking for the following reliefs:-
(a) Direct the opposite parties authority to withdraw all their demands for R.R.No.S-530061/S50.
(b) Direct the opposite parties to Issue a No Due certificate in respect of water connection RR No. S-530061/S50.
(c) Direct the opposite parties authority to pay monthly damages of Rs.500/- from July-2022 to till final payment with compensation of Rs.5,00,000/- for mental agony sustained by the complainant.
(d) Direct the opposite parties to pay interest @ 18% per annum on Rs.5,61,750/- from 01.06.2022 to till final payment.
(e) Direct the opposite parties to refund a sum of Rs.36,341/- with interest @ 18% per annum with litigation cost.
02. The case of the complainant is that, the complainant is the absolute owner of property in Sarakki Village, J.P. Nagar, Bangalore, and he availed water connection from opposite party authority under RR No. S-530061/S50. That the complainant has paid water bills regularly to the opposite party authority till 16.03.2012. Since from 2010 the part of the building was owned by Tyagaraja Cooperative Bank was acquired and demolished for the BMRCL project, and the remaining building owned by the complainant is un-usable and kept vacant. The water meter provided by the opposite party has been missed and the complainant has filed a complaint to the jurisdictional police in this regard.
03. On 16.03.2012 the complainant approached the opposite party with the acknowledgment given by the jurisdictional police not to raise fresh water bills to the complainant’s water connection. In-spite of receipt of petition by the complainant the opposite party went on raising the water bills accompanied with sanitary charges continuously. Subsequently on 18.02.2015 the complainant filed another application to stop the raising of bills without water connection. After several follow-ups the BWSSB officials advised to pay bills and assured that, it would be refunded to him. As per the assurance of the opposite party officials the complainant has paid the water bill of Rs.36,341/- from December-2012 to July-2020. The opposite party had acknowledged the same vide its letter dated: 12.08.2020.
04. In-spite of repeated requests and filing of RTI applications dated: 23.07.2020 the opposite parties failed to take any action to solve this issue. For that the complainant has run from pillar to post of opposite party. On 12.08.2020 the opposite parties have issued a reply to the RTI application of complainant by stating some of the records relating to the said transactions were transferred between the related office’s and after production of acknowledgments issued by authority for receiving the said complaint dated: 16.03.2012 and letter dated: 18.02.2015. In-spite of receiving the said copy of the acknowledgments, the opposite party authorities have failed to take action with regard to the stoppage of issuing bills. In this regard the complainant filed application vide dated: 24.08.2020 with compliance of acknowledgments duly issued by the opposite party authorities prior specifically copy of the application dated: 18.05.2015 to stop the cost of sewerage. Even after filing of the said copies of acknowledgments the opposite party failed to fix the issue and raised the water and sanitary bills continuously.
05. The complainant filed another letter dated: 04.05.2022 with the order of first information commission and second appellant tribunal under RTI act by cautioning the opposite parties that he would approach the consumer court. For that letter dated: 04.05.2022 the opposite parties replied vide their letter dated: 11.05.2022 stating that, there is exists family in the said alleged premises and has been using the water connection. The opposite parties are liable to the complainant for deficiency of service. Therefore finally the complainant issued legal notice dated: 16.06.2022 for stoppage of water bills. In-spite of receiving the legal notice the opposite parties continuously raised demand bills, hence the complainant approached this Commission.
06. The opposite party has filed their version by resisting claim of the complainant and denied the complaint averments. The opposite parties specifically stated in their version that, the complainant is a defaulter in payment of bill and the bill amount is accumulated with interest as per BWSSB Act. As per records of the opposite party the complainant having due of Rs.27,635/- which includes arrears, interest and sanitary charges. Because of the complainant being defaulter in payment to the opposite party it has dis-connected the sewerage connection on April-2022. The complainant has supressed the material fact and approached this Commission for unlawful gain.
07. The complainant has not filed any application for replacement of meter and the opposite parties have raised and issued the water bills which includes arrears, interest and sanitary charges. The opposite parties not liable to the complainant under deficiency of service.
08. The complainant has filed affidavit in the form of his evidence in chief and got marked EX.P.1 to P.18 documents. One C. Prathap Reddy, the AEE of the opposite party (RW1) has been examined by filing affidavit in the form of his evidence in chief and got marked EX.R.1 to R.2 documents.
09. The complainant and opposite parties have filed their respective written arguments with synopsis of arguments.
10. The points that would arise for consideration are as under:
(1) Whether the complainant proves that, the opposite parties are in deficiency of service by raising the unnecessary water/sanitary demand bills?
(2) Whether the complainant is entitle for the
relief as sought in the complaint ?
(3) What order ?
11. Our findings on the aforesaid points are as follows:
Point No.1 : In affirmative
Point No.2 : Partly in affirmative
Point No.3 : As per the final order
for the following:
REASONS
12. POINT NO.1:- In this complaint there is no dispute with regard to that the complainant is a Consumer under water connection No. S-530061/S50. As per complainant’s version the part of the building owned by the Tyagaraja Cooperative Society was demolished by the BMRCL for construction of metro rail. The building attached to the above said building owned by the complainant is not in-use and same is kept vacant from 2010. As per EX.P.1 & P.3 Xerox copies of letter dated: 16.03.2012 and 18.02.2015 annexed by the Xerox copy of the acknowledgment as per EX.P.2 discloses that, the complainant had informed to the opposite parties with regard to missing of water meter and complained to the jurisdictional police with a request to provide new meter and stop to raise the water demand bills due to non-use of partially demolished building.
13. Further the complainant has filed Xerox copies of petition under RTI Act as per EX.P.4. As per EX.P.7 the opposite party has replied vide their letter dated: 12.08.2020 that, the documents pertaining to the application dated: 16.03.2012 and 18.02.2015 are transferred to other offices at the time of reconstitution of their office. For that the complainant once again filed application dated: 24.08.2020 with annexures as per EX.P.7 & EX.P.10. Further the complainant filed petition before the Karnataka Information Commission vide No.7035/APL-2021 as per EX.P.2. Same was informed to the opposite parties as per EX.P.13 and EX.P.14. EX.P.15 is the legal notice issued by the complainant.
14. From scrutinizing the Exhibits it is clear that, since from 16.03.2012 the complainant has approached the opposite parties with regard to the water bill issue. Even the complainant approached Karnataka Information Commission under RTI Act to get the information with regard to the applications filed to opposite parties to resolve the water bill issue. Instead of resolving the issue the opposite parties simply dragon the matter by giving false reasons. As per EX.P.6 the opposite parties have raised sanitary charges of Rs.300/- from December-2012 to January-2014. From December-2015 the opposite parties raised Rs.500/- sanitary charges in the demand bill. The above same was accumulated with interest and arrears. Finally the opposite parties demanded Rs.24,868/- demand bill on February-2022. Since from 16.03.2012 the complainant categorically stated that, he did not used any water/sanitary connection to his building which was partially demolished and unfit for human occupation.
15. As per EX.R.2 the opposite party letter dated: 26.04.2022 directed the complainant the amount demanded by the opposite parties is exceeding the Adalath limitation and same is to be adjudicated by the Appellant authority. From the EX.R.2 it was clear that, complainant did not use any water/sanitary connection to his building and the same is to be adjudicated by the Appellant authority. As per EX.P.18 demand bill dated: 05.04.2023 discloses that, the opposite parties have demanded Rs.29,910/-which including arrears, interest. Since from demand bill dated: 05.10.2022 to 05.04.2023 reveals that, there is no sanitary connection.
16. In para-5 of the version the opposite parties have stated that, on April-2022 the sewerage connection was disconnected due to non-payment of the bill. If at all it was disconnected on April-2022 why they failed to take earliest action on the letter dated: 16.03.2012 as per EX.P.1. In EX.P.18 backside of the water bills the opposite party stated that, sanitary charges are to be charged based on consumption of the water. It is not the case of the water demand bill nor the opposite parties demanded for water connection charges. The opposite parties not whispered about the arrears of the water bill in their version. The only demand here is with regard to the sanitary connection charges. The opposite parties not established there was sewerage connection to the complainant’s building, by filing cogent evidence. The Exhibits clearly reveals that, the opposite parties have failed to take action at the earliest instead escalated the issue. There was sheer negligence on the part of opposite parties even the complainant has obeyed the instructions of the opposite party officials by depositing some amount. This attitude of the opposite party officials amounts to deficiency of service. Hence, we answer point No.1 in affirmative.
17. POINT NO.2:- The complainant has sought refund of Rs.36,341/- as per letter dated: 12.08.2020 as per EX.P.7. But in the EX.P.7 there is no words as mentioned by the complainant with regard to the amount paid by him to the opposite parties. Anyhow the complainant is entitled to the amount deposited with the opposite parties after 16.03.2012. Further the opposite parties had issued ‘No Due Certificate” with regard to water connection under RR No.S-530061/S50 from 16.03.2012. Further the complainant is entitled to Rs.10,000/- compensation for mental agony and inconvenience. The complainant is also entitle for Rs.10,000/- litigation cost. Accordingly we answer this point partly affirmative.
18. POINT NO.3:- In view of the discussion made above, we proceed to pass the following:-
ORDER
The complaint is allowed in part.
The opposite parties are hereby directed to refund the amount collected from the complainant after 16.03.2012 by issuing “No Due Certificate”.
Further the opposite parties are directed to pay Rs.10,000/- compensation towards mental agony and a sum of Rs.10,000/- towards litigation cost to the complainant.
The opposite parties shall comply the order within 30 days. In case, the opposite parties fail to comply the order within the said period, the above said amount of Rs.20,000/- carries interest at the rate of 9% p.a. from the date of order till realization.
Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 15th day of MAY, 2023)
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA. K)
-
//ANNEXURE//
Witness examined for the complainant side:
Sri. Ajjappa, complainant (PW.1) has filed his affidavit in the form of his evidence in chief.
Documents marked for the complainant side:
1. Xerox copy of the complaint dt.16.03.2012 – EX.P1
- Xerox copy of the acknowledgement issued by the police is marked as – EX.P2.
- Xerox copy of the application dt.18.02.2015 filed before AEE – EX.P3
- Xerox copy of the application dt.23.07.2020 filed under RTI with copy of the counterfoil and postal order – EX.P4
- Xerox copy of the letter dt. 12.08.2020 given by BWSSB – EX.P5
- Xerox copy of online meter back-up ledger report issued by BWSSB (8 sheets) – EX.P6
- Xerox copy of the letter dt. 12.08.2020 issued by the opposite party – EX.P7.
- Xerox copy of the letter dt. 24.08.2020 as per the request of opposite party No.3 – EX.P8
- Xerox copy of the letter dt. 07.09.2020 issued by the opposite party No.3 to the complainant – EX.P9
10.Xerox copy of the letter dt. 28.09.2020 submitted by the complainant – EX.P10
11. Xerox copy of the notice dt. 06.10.2020 issued by the opposite party No.3 – EX.P11
12. Xerox copy of the Order dt.25.01.2022 given by Karnataka Information Commissioner – EX.P12
13.Xerox copy of the letter dt. 04.05.2022 submitted by the Complainant – EX.P13
14. Xerox copy of the letter dt. 11.05.2022 issued by the opposite party No.2 - EX.P14
15. Office copy of the legal notice dt.16.06.2022 with Xerox copy of RPAD receipts and AD - EX.P15
16. Notice issued by the opposite party with postal cover – - EX.P16
17. Office copy of the reply dt. 12.12.2022 with postal receipt/Postal track consignment – EX.P17
18. Original water bills (Eight) – EX-P18
Witness examined for the opposite parties side:
Sri. Prathap Reddy, Asst. Executive Engineer of Opposite Party (RW.1) has filedaffidavit in the form of his evidence in chief.
Documents marked for the Opposite Parties side:
1.Meter ledger report from December 2012 to September 2022 – EX.R1
2.Copy of reply dt. 26.04.2022 sent to complainant – EX.R2
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA. K)
-
