DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1275/2015
D.No.__________________ Dated: _________________
IN THE MATTER OF:
DEEPAK SWAMY S/o LATE SH. J.N. SWAMY,
R/o E-2/3/10, SECTOR-15,
ROHINI, DELHI-110089.… COMPLAINANT
Versus
1. DELHI JAL BOARD,
THROUGH ITS CHIEF EXECUTIVE OFFICER,
DJB (HQ) VARUNALAYA, PH-II,
KAROL BAGH, NEW DELHI-110005.
2. DELHI JAL BOARD,
THROUGH ITS DY. DIRECTOR,
NORTH-WEST-II, SECTOR-6,
ROHINI, DELHI-110089.
3. DELHI JAL BOARD,
THROUGH ITS DY. DIRECTOR,
(REVE.)-II, (HQ), ROOM No.508,
VARUNALYA PH-II,
DJB (HQ), KAROL BAGH,
NEW DELHI-110005. … OPPOSITE PARTY (ies)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 14.10.2015
Date of decision: 09.12.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPs under section 12 of the Consumer Protection Act, 1986 thereby alleging
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that the complainant has a water connection through New K.No. 3313660000 from OP and the complainant has been timely paying water bill before due date since residing on the above address and the complainant has paid the water bill for the period from 18.10.2014 to 14.02.2015 with amount of Rs.3,547/- through cheque bearing no. 018810 of Central Bank of India on 28.02.2015. Thereafter, the water bill amount of Rs.3,547/- has debited from the saving account of the complainant bearing a/c no. 1668911542 on 10.03.2015 and credited to OP and Central Bank of India has also verified the amount of Rs.3,547/- and issued clearance certification of the same on 26.05.2015. The complainant further alleged that the complainant was shocked and surprised to see the latest water bill generated from OP that there is no deduction of last water bill amount of Rs.3,547/- and in every month/quarterly, the amount of Rs.3,547/- has been added as arrear with late payment and other charges and the complainant had approached to OP-2’s office (Delhi Jal Board, Sec-6, Rohini, Delhi) for intimation and correction of wrong water bill has been received and given an application to OP-2’s office (with copies of bank statement and last bill) through Diary No.6512 dated 19.05.2015 but till date no action has been taken so far. The complainant further alleged that the complainant visited again and again since almost 6 months for correction regarding the said payment of Rs.3,547/- to OP-2’s office but no action was taken so far and always OP-2 has send a water
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bill without correction/deduction of amount of Rs.3,547/- and OP-2 has not agreed with the complainant for received the water bill amount of Rs.3,547/- through the above said cheque and not initiate and showing any record/transaction of above said water bill payment for the same. On 08.10.2015 at last, the complainant has approached to OP-3’s office on recommendation of OP-2 and confirm that we cannot help regarding this matter, you have to approach to OP;s Head Quarter only and when the complainant approached to OP-3, OP-3 has denied and refused for same and said to the complainant that we cannot help you in any way and the complainant further alleged that the act of OPs is completely illegal and arbitrary and amounts to deficiency in service and unfair trade practice.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to adjust the water bill amount of Rs.3,547/- in K.No. 3313660000 of the complainant as well as compensation of Rs.70,000/- for causing mental agony, tension, torture and physical harassment and also has sought Rs.20,000/- towards cost of litigation.
3. OP has been contesting the case of the complaint and filed written statement and submitted that the complaint is not maintainable as no cause of action had ever accrued against OP and thus the complaint is liable to be dismissed. OP further submitted that the
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complainant is not a consumer under definition of Consumer Protection Act because the complainant has not paid/deposited the bill amount.
4. The complainant filed rejoinder and denied the submissions of the OP and submitted that the OP has taken a misleading plea.
5. In order to prove his case, the complainant filed his affidavit in evidence and has also filed written arguments. The complainant also filed copies of water bills dated 16.02.2015 of Rs.3,547/-, bill dated 22.09.2015 of Rs.3,723.83 & bill dated 24.11.2015 of Rs.4,105.01 issued by OP, copy of Clearance Certificate of cheque no.018810 dated 10.03.2015 for Rs.3,547/- issued by Central Bank of India, copies of letters dated 19.05.2015 & 28.12.2015 sent by the complainant to OP regarding wrong/false latest bill, copy of gate pass dated 08.10.2015 issued by OP and copy of deposit slip/receipt dated 23.11.2015 of Rs.2,462/- issued by ICICI Bank.
6. On the other hand, on behalf of OP Ms. Neelam Bahal, Zonal Revenue Officer-II (ZRO), Rohini, Delhi filed her affidavit in evidence which is as per the case of OP taken in written statement. OP has also filed copy of letter dated 12.11.2015 sent by OP to the Manager, Central Bank of India, Rohini, Delhi for clarification about credit of cheque no. 018810 of Rs.3,547/-, copy of cheque bearing no.018810 dated 28.02.2015, copy of statement of account of the complainant showing adjustment on 24.11.2015 and copy of bill dated 24.11.2015. OP also filed written arguments.
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7. This forum has considered the case of the complainant as well as the OP in the light of evidence of both the parties, documents placed on record by the parties and submissions of both the parties. The case of the complainant has remained consistent throughout and there is nothing on record to disbelieve the case of the complainant. During the course of oral arguments, Counsel for OP submitted that as OP has given adjustment of Rs.3,547/- in the account of the complainant and as such the case of the complainant has become infructuous. The complainant vehemently argued that he is also seeking compensation from OP on account of deficiency in service and also seeking litigation cost. This Forum has considered the submissions of the parties of this point. The complainant has successful in proving that he has paid the amount of the bill dated 06.02.2015 of Rs.3,547/- by means of cheque dated 28.02.2015 and the said amount was debited in the account of the complainant on 10.03.2015. Gate pass dated 08.10.2015 issued by OP in the name of the complainant shows that till that date OP has not adjusted the said amount which accordingly shows deficiency in service on the part of OP. OP is accordingly held guilty of deficiency in service and OP is directed as under: -
i) To pay to the complainant an amount of Rs.3,500/- as compensation towards mental agony and harassment caused to the complainant.
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ii) To pay to the complainant an amount of Rs.3,500/- towards litigation cost.
8. The above order shall be complied by OP within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 9thday of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
