DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 465/2018
D.No.__________________ Dated: _________________<
IN THE MATTER OF:
MALKIAT SINGH,
S/o LATE SH. BAKHSHISH SINGH,
R/o O-15, ARUNA NAGAR, MAJNU KA TILLA,
CIVIL LINES, DELHI-110054.… COMPLAINANT
Versus
DELHI JAL BOARD,
ZRO (C-II), PRATAP NAGAR,
NEW DELHI. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 17.07.2018
Date of decision: 21.01.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant submitted a RTI application dated 27.02.2018 regarding undue delay in the installation of New Water Connection at the premises of the complainant by OP, after failing to get any reply to the earlier letters to OP. The complainant further alleged
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that PIO’s reply dated 12.04.2018 received was found to be incomplete, untrue and unsatisfactory and subsequently the complainant filed 1st appeal dated 14.05.2018 to the FAA on 21.05.2018 but reply for the same is still awaited by the complainant and later on OP sent a false, manipulated water bill dated 16.05.2017 of Rs.28,499/- regarding misuse of OP’s water, however, the complainant subsequently refunded the charges & intimated OP that the complainant was using Borewell water instead of MCD water for the construction works. Thereafter, the complainant submitted letters to ZRO, C-II dated 16.04.2017, 11.07.2017 & 22.01.2018 during the period of reporting which were not replied by OP. The complainant further alleged that the complainant is a Senior Citizen and visited the office of OP many times during the past 2 years but without getting any results in the said matter, so the complainant felt humiliated & mentally harassed due to different attitude of the officials of OP and official of OP adjusted Rs.15,000/- without the knowledge of the complainant which the complainant gave to him for various charges for New Water Connection.
2. On these allegations the complainant has filed the complaint praying for direction to OP to withdraw manipulated water bill dated 16.05.2017, to install new water connection and topay exemplary cost due to the gross deficiency in service and also undue delay in the said case.
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3. OP has been contesting the case and filed reply and submitted that the complaint is not maintainable and no cause of action had ever accrued against OP and is liable to be dismissed. OP further submitted that the complainant has not applied for any new water connection as such the prayer in this regard is premature and the complainant applied for disconnection of his water connection bearing K. No.6903490000 installed at 0-15, Majnu Ka Tilla, New Delhi vide letter dated 03.06.2016 and a bill dated 09.06.2016 of Rs.707/- was raised for pending water charges and cutting fees and the complainant failed to pay the said bill and as such the connection was not disconnected and the complainant consumed the supply water for construction of his house. OP further submitted that a notice bearing no.2430 dated 18.09.2016 was sent to the complainant and these facts clearly shows that the complainant had consumed the regular supply water for construction purposes and the impugned bill was raised by assessing cost of water used for construction purposes and the said bill is legal and payable by the complainant.
4. The complainant filed rejoinder and denied the submissions of OP and submitted that OP has taken a misleading plea.
5. In order to prove his case, the complainant did not file his affidavit inevidence and has also did not file written arguments. However, the complainant fileddocuments i.e. copy of water bill dated 31.05.2016 in the name of Smt. Ram Pyari of Rs.8,236/- alongwith
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copy of payment receipt dated 02.06.2016, copy water bill dated 16.05.2017 in the name of Smt. Ram Pyari of Rs.28,499/- and out of which Rs.15,000/- was paid, copy of application form for new connection in the name of Smt. Satinder Kaur W/o Sh. Malkiat Singh. The complainant also filed copies of water bills in the name of Smt. Satinder Kaur bearing new K. No.8671325759 of Rs.15,798/- for June-2017 having old water connection no. 91922 and new K. No.7978922652 of Rs.17,648/- for June-2017 having old water connection no.91923, new K. No. 8869811508 of Rs.17,648/- of June-2017 having old water connection no. 91924 which is also in the name of Smt. Satinder Kaur W/o Sh. Malkiat Singh installed at the same premises.
6. On the other hand, OP did nor filed affidavit in evidence neither filed written arguments.
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.
8. In view of above, it is clear that three water connections as mentioned above are installed in the name of Smt. Satinder Kaur, wife of the complainant and the complainant has failed to place on record any document to shows that he has applied for a new water connection in his name which was refused unlawfully by OP. Thus, the complainant is not a Consumer as per meaning of Section 2
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(1)(d) of the Consumer Protection Act, 1986 and we are of opinion that the complainant has failed to prove his case by any cogent evidence. The complaint is devoid of any merits and is dismissed.
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 21stday of January, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
UPLOADED BY : SATYENDRA JEET
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