Haryana

Ambala

CC/22/2023

BAIKUNTH NATH - Complainant(s)

Versus

MUNICIAPL CORPORATION AMBALA. - Opp.Party(s)

BAIKUNTH NATH

12 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	22 of 2023
Date of Institution	:	13.01.2023
Date of decision	:	12.05.2023

 

Baikunth Nath son of late Sh. Lajja Ram, resident of 20, Vikas Vihar, Ambala City.

          ……. Complainant.

                                                Versus

Municipal Corporation Ambala (City) through its Commissioner.

….…. Opposite Party

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Complainant in person

                    OP already ex parte.                        

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

(i). To refund the amount of Rs.8100/-, alongwith interest @ 10% pa from the date of payment, till realization.

(ii). To pay Rs.10,000/- towards costs and harassment.

(iii). Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the Haryana Government Urban Local Bodies Department vide notification dated 24.10.2011 imposed Solid Waste Management user charges in Urban areas of Haryana, and subsequently the same was termed as "Door To Door Garbage Collection charges". The complainant being the owner of property bearing ID 97C103U396 was charged Rs.3000/- per annum w.e.f. 2017-2018, 2018-2019, 2019-2020, for which bill in the sum of for Rs. 8100/- on 8.7.2020 was raised by the OP, after giving a relief of rebate of Rs. 900/- in accordance with the policy in force. In order to avoid penal action in the shape of interest and late fee, which is recurring, the complainant paid the said amount vide cheque no.167537 dated 7.9.2020 and the complainant was issued a receipt no 25/3074 dated 17.9.2020. Since no service was given by the OP for which the complainant was charged under the garb of executive powers vested under the provisions of Haryana Municipal Corporation Act, the complainant sought the relevant information under the provisions of RTI Act 2005 vide application dated 29.9.2020. The information sought was partly answered by the office of OP vide no. MCA/CSI/2021/2098 dated 16.01.2021 and on its plain reading it was found that the OP had not provided any service to inhabitants of Ambala and specially complainant and had charged a sum of Rs.8100/- illegally. Imposition of Solid Waste Management user charges/Door to Door Garbage Collection charges upon property of complainant amounts to promise of service to be provided by OP and that too for a consideration. The OP was under legal obligation to provide the service of lifting refuse/waste from the property of complainant. The OP had failed utterly to provide promised service. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OP, before this Commission, therefore, it was proceeded against ex-parte vide order dated 21.03.2023.
4.           Complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 and C-4 and closed the evidence of the complainant.
5.           We have heard the complainant and have also carefully gone through the case file.
6.           Complainant submitted that the act of the OP by neither providing the service of “door to door garbage collection” nor refunding the amount of Rs.81,00/- received in respect thereof, for the period from 2017 to 2020, amount to deficiency in providing service.
7.           It may be stated here that in order to prove his case, the complainant has placed on record the demand letter dated  07.08.2020, Annexure C-2, in the sum of Rs.8100/-, raised by the OP from the complainant, towards the alleged services provided with respect to “Door to Door Garbage Collection for the period from 2017 to 2020 and also the receipt dated 17.09.2020, Annexure C-3 in the sum of Rs.8,100/- having been issued by the OP in favour of the complainant. He has further placed on record the RTI information dated 16.01.2021, Annexure C-4 having been obtained from the Competent Authority of the OP under RTI, whereby with regard to point No.2, it was informed that “……..in the year 2017-18, the contract for door to door cleaning works of Municipal Corporation, Ambala city area was given to the firm M/s Shyam Associates, Jind, except that Municipal Corporation is bound to give the personal information sought by you regarding anyone. With regard to point no.3, it was informed that in the year 2018-19, Municipal Corporation, Ambala city area. The contract for door to door cleaning work was given to the firm M/s Shree Shyam Associates, Jind. With regard to point no. 4, it was informed that in the year 2019-20 Municipal Corporation, Ambala city area The contract for door to door cleaning work was given to the firm M/s Perfect Back Tech. Pvt. Ltd Delhi. With regard to point no. 5, it was informed that you can get the above information by coming to the Municipal Corporation office on any working day after giving prior notice. With regard to point no. 6, it was informed that during the contract for door to door work given in the years 2018-19 and 2019-20, the work was stopped by the said firms before the stipulated period. With regard to point no. 7, it was informed that during the contract for door to door work given in the years 2018-19 and 2019-20, the earnest money of the said firms has not been returned by the corporation……” . Perusal of reply under RTI aforesaid is sufficient to prove the case of the complainant that during the period 2018 to 2020, the work of door to door garbage collection was stopped by the firms deputed by the OP and that the earnest money of the said firms has not been returned by the OP. It is significant to mention here that, as stated above, notice of this complaint was sent to OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against ex parte vide order dated 21.03.2023.  From the letter dated 07.08.2020, Annexure C-2, it is apparent that the OP demanded Rs.8,100/- for three years (Rs.2,700/- per year) i.e from year 2017 to 2020. In the letter dated 16.01.2021, Annexure C-4, it is clearly mentioned that during the contract for door to door work given in the years 2018-2019 and 2019-2020, the concerned firms stopped doing work, before the stipulated period. Since, the OP failed to provide the services to the complainant for the period from 2018-2019 and 2019-2020, therefore, it is liable to refund the amount of Rs.5,400/-, alongwith interest. OP is also liable to pay compensation for the mental agony and physical harassment suffered by the complainant and also litigation expenses.  
8.           In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OP, in the following manner:-
   1. To pay Rs.5,400/-, to the complainant alongwith interest @4% per annum from 17.09.2020, i.e the date of the payment of the amount, onwards, till realization.
   2. To pay Rs.1,500/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.1,000/- as litigation expenses.

 

The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 6% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 12.05.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President