Vali Mohammad - Appellant
Versus
Shnman Awadh Bihari - Respondent
Decided On : 01/12/1993
Appeal No. 203 of 1992
Advocates Appeared :
Mohan Chokse
Headnote:Consumer Protection Act, 1986 - Sections 2 & 14 - Complaint regarding disconnection of water supply without notice - Dist Forum correctly appreciated evidence and reached a valid conclusion that disconnection was due to non-payment of one year arrears - No deficiency on the part of Respondent - Complaint was rightly dismissed. (Para 2)
Result: Appeal dismissed.
V.S. kokje, President The following order of the Commission was delivered by Hon 'ble Justice Shri V.S. Kokje, President:
1. This is an appeal by the complainant whose complaint has been dismissed by District Forum, Shahdol. The complainant contended that his water connection was disconnected by the Respondents without any prior notice on 15.3.1992, when by public notice published in the local newspaper of 12th March 1992, the consumers were given time upto 16th March, 1992 for deposit of arrears. On account of disconnection of the water supply, the complainant has claimed Rs.15,000/- for mental agony, Rs.10,000/- for loss of prestige and defamation and Rs.1000/- as the costs.
2. The District Forum after considering the evidence on record came to the conclusion that the water supply was disconnected on 11th March 1992 and not on 15th March 1992 as alleged by the complainant and on that date the complainant• was in arrears having not deposited the amount of water charges for the period from November 1990 to October 1991. The non-applicants/respondents had also pointed out that under Rule 12 of M.P.
Municipalities Water Tax Levy, Collection and Refund Rules, 1989 they had a right to disconnect the water supply for non-payment of arrears without any notice. On perusal of the record of the case we find that the District Court has correctly appreciated evidence on record and has reached a valid conclusion that there was no deficiency in service on the part of the Respondents. The complaint has therefore been rightly dismissed and this appeal which has no force is accordingly dismissed There shall however be no order as to costs.
Appeal dismissed.
tern Electronics Ltd. & Ors.
581
1993(3)
Dr. Mehul J. Bhatt v. Indcl
>- STATE CONSUMER DISPUTES REDRESSAL COMMISSION; M.P.: BHOPAL V.S. Kokje, President, M.L. Tiwari, Member Vali Mohammad - Appellant
versus
Shrlman Awadh Bihari & Ors. Respondents
Appeal No. 203 of 1992
Decided on 12.1.1993
Consumer Protection Act, 1986 - Sections 2 & 14 - Complaint regarding diSconnection of water supply without notice - Dist Forum correctly appreciated evidence and reached a valid conclusion that disconnection was due to non-payment of one year arrears - No deficiency on the part of Respondent - Complaint was rightly dismissed.(Para 2)
Result: Appeal dismissed.
Counsellor the parties:
For the Appellant: None.
For the Respondent: Mohan Chokse.
ORDER
V.S. ~okje, President~ The following order of the Commission was delivered by Hon 'ble Justice Shri V.S. Kokje, President:.
1. This is an appeal by the complainant whose complaint has been dismissed by District . Forum, Shahdol. The complainant contended that his water connection was disconnected by the Respondents without any prior notice on 15.3.1992, when by public notice published in the local newspaper of 12th March 1992, the consumers were given time upto 16th March, 1992 for deposit of arrears. On account of disconnection of the water supply, the complainant has claimed Rs. 15,000/- for mental agony, Rs. 10,000/- forloss of prestige and defamation and Rs. 1000/- as the costs.
2. The District Forum after considering the evidence on record came to the conclusion that the water supply was disconnected on 11th March 1992 and not on 15th March 1992 as alleged by the complainant and on that date the complainant• was in arrears having not deposited the amount of water charges for the period from November 1990
tern Electronics Ltd. & Ors.
587
to October 1991. The non-applicants/respondents had also pointed out that under Rule 12 of M.P.
Municipalities Water Tax Levy, Collection and Refund Rules, 1989 they had a right to disconnect the water supply for non-payment of arrears without any notice. On perusal of the record of the case we find that the District Court has correctly appreciated evidence on record and has reached a valid conclusion that there was no deficiency in service on the part of the Respondents. The complaint has therefore been rightly dismissed and this appeal whic