State Consumer Disputes Redressal Commission
The Divisional Field Officer F ... vs Ramesh Hanumant Kale And Anr. on 17 March, 2008
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE FIRST APPEAL NO.175/2007 Filed on : 09/02/2007 IN CONSUMER COMPLAINT NO.185/2004 Date of order: 17/3/08 DISTRICT CONSUMER FORUM, THANE MISC.APPLICATION NOs.252 & 253/2007 The Divisional Field Officer F Division, Dombivali Section Corporation Building Dombivali(E), Dist.Thane .Appellant/org.O.P.no.2 V/s. 1. Ramesh Hanumant Kale A-9, Hari Om, Near CKP Hall Dombivali(E), Dist.Thane ..Respondent/org.complainant 2. The Sub-Divisional Engineer Maharashtra Jeevan Pradhikaran Works Sub-division, Sai Section, Ambernath (E), Dist.Thane .Respondent/org.O.P.no.1 AND FIRST APPEAL NO.780/2007 Filed on : 21/06/2007 IN CONSUMER COMPLAINT NO.185/2004 Date of order: 17/3/08 DISTRICT CONSUMER FORUM, THANE MISC.APPLICATION NOs.1062 & 1063/2007 The Sub-Divisional Engineer Maharashtra Jeevan Pradhikaran Works Sub-division Sai Section, Ambernath (E) Dist.Thane .Appellant/org.O.P.no.1 V/s. 1. Ramesh Hanumant Kale A-9, Hari Om, Near CKP Hall Dombivali(E), Dist.Thane ..Respondent/org.complainant 2. The Divisional Field Officer F Division, Dombivali Section Corporation Building Dombivali(E), Dist.Thane .Respondent/org.O.P.no.2 Corum: Justice Mr.B.B.Vagyani, Honble President Mr.P.N.Kashalkar, Honble Judicial Member
Smt.S.P.Lale, Honble Member Present: Original complainant in person.
Mr.M.S.Kumthekar-Advocate for org.O.P.no.2.
Mr.Abhijit Gondwal-Advocate for org.O.P.no.1.
ORAL ORDER Per Justice Mr.B.B.Vagyani, Honble President This appeal filed by appellant/org.O.P.no.2 is directed against the order dated 7/1/06 passed by District Consumer Forum Thane. District Consumer Forum Thane allowed the complaint and directed Sub-Divisional Engineer, Maharashtra Jeevan Pradhikaran, District Thane and Kalyan Dombivali Municipal Corporation to pay jointly and severally Rs.35,540/- to the complainant. Both the O.Ps have taken exception to the order and have come up in appeal.
Maharashtra Jeevan Pradhikaran has filed Appeal no.780/07 and Kalyan Dombivali Municipal Corporation has filed Appeal no.175/07.
These two appeals arise out of same order. Therefore we propose to dispose of these two appeals by common order.
We heard Mr.M.S.Kumthekar-Advocate for org.O.P.no.2. Mr.Abhijit Gondwal-Advocate for Maharashtra Jeevan Pradhikaran/org.O.P.no.1 and Original complainant in person.
So far as appeal filed by Maharashtra Jeevan Pradhikaran is concerned, there is inordinate delay. Award passed against Maharashtra Jeevan Pradhikaran is illegal, having taken into consideration the transfer of scheme to Kalyan Dombivali Municipal Corporation long back in the year 1992. This fact was known to the complainant. We are therefore inclined to condone the inordinate delay.
There is delay of 30 days in filing the appeal no.175/07. Delay is not deliberate or intentional. We are therefore inclined to condone the delay. Accordingly, delay is condoned.
The dispute is with regard to water bill of Rs.3500/-. Maharashtra Jeevan Pradhikaran transferred the water scheme to Kalyan Dombivali Municipal Corporation on 1/2/92. After 1992, Maharashtra Jeevan Pradhikaran has not played any role in respect of water supply to the complainant. Forum below without taking into consideration this aspect, imposed joint liability on Maharashtra Jeevan Pradhikaran.
It is true that the Kalyan Dombivali Municipal Corporation informed the complainant by letter dated 4/3/04 that nothing was in arrears from Mr.Ramesh H. Kale. In fact said amount was recovered from the complainant by Ambernath Municipal Corporation. Therefore complainant filed consumer complaint for refund of Rs.3500/-. Complainant claimed interest to the tune of Rs.5040/-. Complainant claimed compensation of Rs.25,000/- for mental harassment and Rs.2000/- for typing, xerox copies etc. Total claim of the complainant was Rs.35,540/-. Forum below without application of mind, fully allowed the claim. Forum below did not take pains to give reasons as to why compensation of Rs.25,000/- are awarded to the complainant, who has filed complaint for refund of paltry amount of Rs.3500/-. We are therefore inclined to modify quantum of compensation awarded by the Forum below without any justification and arbitrary. In the result, we pass following order:-
ORDER
1.
Appeal no.780/07 filed by Maharashtra Jeevan Pradhikaran is allowed. Joint liability imposed on Maharashtra Jeevan Pradhikaran stands quashed and set aside.
2. Complaint filed by the complainant stands dismissed as against Maharashtra Jeevan Pradhikaran.
3. Liberty is granted to Maharashtra Jeevan Pradhikaran to withdraw the amount already deposited.
4. Appeal no.175/07 is partly allowed.
5. Figure of Rs.35,540/- is to be read as Rs.3500/-, plus interest @ 9% p.a. from the date of filing of complaint i.e.16/6/04 till realization and Rs.3000/- as compensation for mental harassment.
6. Amount deposited by the appellant in Appeal no.175/07 shall be adjusted towards part satisfaction of the award. Remaining amount if any, shall be refunded to appellant/Kalyan Dombivali Municipal Corporation.
7. All the misc.applications stands disposed of.
8. Pronounced and dictated in the open court.
9. Copies of the order herein be furnished to the parties.
(S.P.Lale) (P.N.Kashalkar) (B.B.Vagyani) Member Judicial Member President Ms.