State Consumer Disputes Redressal Commission
Dr R C Sharma vs Jalkal Vibhag on 28 February, 2022
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2011/1446 ( Date of Filing : 08 Aug 2011 ) (Arisen out of Order Dated in Case No. of District State Commission) 1. Dr R C Sharma a ...........Appellant(s) Versus 1. Jalkal Vibhag a ...........Respondent(s) BEFORE: HON'BLE MR. Rajendra Singh PRESIDING MEMBER HON'BLE MR. SUSHIL KUMAR JUDICIAL MEMBER PRESENT: Dated : 28 Feb 2022 Final Order / Judgement Reserved State Consumer Disputes Redressal Commission U.P. Lucknow. Appeal No. 1446 of 2011 Dr. R. C. Sharma, (Retd. Chief Engineer), S/o Late Shri B. R. Sharma, R/o 15, Vikas Nagar, (Lakhanpur), Kanpur-24 ...Appellant. 1- Jalkal Vibhag (Jal Sansthan) Bena Jhabar, Kanpur through its General Manager. 2- Nagar Nigam, Moti Jheel, Kanpur through its Nagar Ayukt. ....Respondents. Present:- 1- Hon'ble Sri Rajendra Singh, Presiding Member. 2- Hon'ble Sri Sushil Kumar, Member. Sri Alok Sinha, Advocate for the appellant. Sri R.K. Mishra, Advocate for the respondents. Date 9.3.2022 JUDGMENT
Per Mr. Rajendra Singh, Member: This Appeal has been filed by the appellant against the judgment and order dated 07.07.2011 passed by Learned District Forum Kanpur Nagar in Complaint Case no.455 of 2011, Dr. R. C. Sharma Vs. Jalkal Vibhag & Anr.
The brief facts of the appeal are that, that the judgment and order passed by the Learned Forum is perverse, devoid of merit and contrary to law. The Learned Forum did not consider the complaint and evidence properly and dismissed the complaint at additional stage in whimsical manner. The learned Forum did not consider the fact that the Jalkal Vibhag has sent the water bills on wrong calculation based on imaginary annual rental value of the house which is deficiency in service. The bills have been sent on the (2) enhanced imaginary annual rental value instead of minimum water charges. There is no dispute of tax but the calculation of the water charges on wrong annual rental value of house. In spite of fixed rental venue of the house for Rs.12,096/-, Jalakal Vibhag enhanced the annual rental value for Rs.1,42,967/- without any rhyme and reason and sent bill dated first June 2011 for water charges of Rs.1,787/- and sewer charges of Rs.5,719/- along with arrear Rs.70,926/- in an arbitrary manner which is liable to be dismissed.
Therefore it is most respectfully prayed that this Hon'ble Commission may kindly be pleased to set aside the impugned judgment and order and allow the appeal in the interest of justice.
We have heard the learned counsel for the appellant Sri Alok Singh and ld. Counsel for the respondent Sri R.K. Mishra. We have perused the pleadings, evidence and documents available on record.
No doubt this is a matter related to the water tax and sewer charges based on the annual rental value of the house. There is provision of appeal before the Commissioner and thereafter before the court of JSCC. This matter does not fall under the purview of Consumer Protection Act. The appellant presented a ruling which is related to non-supply of water and in spite of that minimum charges raised. It was held deficiency in service because when there was no supply there could not be any charge for water. The circumstances of the present case are totally different from that case. The Learned Forum passed the impugned order according to the law and we find no ground to interfere in that order. The present appeal is liable to be dismissed with cost.
(3)ORDER The appeal is dismissed with costs.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Sushil Kumar) (Rajendra Singh) Member Presiding Member Judgment dated/typed signed by us and pronounced in the open court. Consign to record. (Sushil Kumar) (Rajendra Singh) Member Presiding Member Jafri, PA II Court 2 [HON'BLE MR. Rajendra Singh] PRESIDING MEMBER [HON'BLE MR. SUSHIL KUMAR] JUDICIAL MEMBER