Back
SUPREME COURT OF INDIA
M M Punchhi, S B Majmudar
NAGRIK PARISHAD PAURI GARHWAL, APPELLANT;
VERSUS
GARHWAL JAL SANSTHAN AND OTHERS, RESPONDENTS.
Civil Appeal No. ... of 1997 (Arising out of SLP (C) No. 14603 of 1994), decided on May 2, 1997.
Consumer - Water Supply Dispute - Definition of 'consumer' under U.P. Water Supply and Sewerage Act, 1975
Fact of the Case:
The Nagrik Parishad alleged lack of water supply and disputed the water bills received for payment, claiming failure of services due to lack of water supply.
Finding of the Court:
The court found that the definition of 'consumer' under Section 2(4) of the U.P. Water Supply and Sewerage Act, 1975 includes any person benefiting from water supply or sewerage service. The court concluded that the matter should be remanded to the National Commission for a fresh decision, as the dispute was based on lack of water supply, not just the payment of water tax.
Issues: The main issue was the interpretation of the definition of 'consumer' under the U.P. Water Supply and Sewerage Act, 1975 and its application to the dispute regarding lack of water supply.
Ratio Decidendi: The court's decision was influenced by the interpretation of the definition of 'consumer' and the obligation of the Jal Sansthan to supply water to the consumers, as reflected in the water bills received and paid by the consumers.
Final Decision: The appeal was allowed, and the matter was remitted back to the National Commission for further proceedings in accordance with law, with the opportunity for the appellant to submit additional documentary evidence if desired.
ORDER
1. Special leave granted.
2. On hearing the learned counsel we get to the view that this appeal be allowed and the order of the National Consumer Disputes Redressal Commission, New Delhi, impugned herein, should be reversed and the matter remanded to it for fresh decision of the revision petition before it. We do not intend to hedge, in any manner, the jurisdiction of the Commission but suffice to mention that the word "consumer" is by itself defined in Section 2(4) of the U.P. Water Supply and Sewerage Act, 1975 (43 of 1975) to mean any person getting the benefit of any water supply or sewerage service from the local body Jal Sansthan or the Nigam as the case may be. Here the Nagrik Parishad, the representative body of the consumers have alleged lack of service and have placed on record the water bills which some of them have been receiving for payment allegedly on account of the water supply. It is otherwise not denied that the pipeline has been laid and water meters have been put at the consumers residences. The dispute here was for failure of services because of lack of water supply. It was nowhere in dispute that water tax was being charged from the consumers but that was a different liability. It is the bills received and paid by the consumers which were reflective of the obligation of the Jal Sansthan to be supplying water to the consumers. It is for these reasons we have thought it proper to send the matter back for a fresh decision, since it had been assumed that water tax alone was being charged from the consumers.
3. The appeal accordingly is allowed and the matter is remitted back to the National Commission for proceeding further in accordance with law. We make it clear that should the appellant choose to place on record further documentary evidence to support their case, the Commission would not deny them the opportunity of doing so.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
