IMPORTANT POINT
Where rules provided an option to civil authority to issue water bills either on basis of actual meter reading and consumption basis or on minimum fixed rate basis it will not be deficiency in service if bills were issued on minimum rate basis.

Mr. Justice K.D. Shahi, President — This is an appeal by the Garhwal Jal Sansthan against the order dated 6.12.2003 passed by the District Forum, Dehradun by which the learned Forum has passed the order that the bills of the complainant be issued according to the meter reading and amount of excess deposit made by the complainant be refunded to him or be adjusted in future bills. The learned Forum has also allowed the compensation of Rs. 1,500 in favour of the complainant.

2. The prayer of the complainant was that Engineer First Class of Garhwal Division Jal Sansthan may kindly be ordered to restore pressure of water supply and give bills in future based on actual consumption of water. Thus we find that there were two reliefs: (1) to restore pressure of water supply, (2) to give bills in future based on actual consumption of water shown by the meter and consequently refund the excess amount paid by the complainant.

3. The date of the complainant has not been mentioned anywhere. The complainant was also unable to mention the actual date of complaint without the records of the District Forum but at least it was filed in 1999, as it was Complaint No. 635/1999. On 20.6.2000 the complainant has filed his affidavit before the learned Forum, in which he has specifically alleged in para 8 that the low water pressure has been corrected by engaging the services of a plumber last month. Hence there is no grievance in this regard now. The learned Forum also held in its judgment referring this affidavit at page 3 that in view of the affidavit of the complainant that his water pressure has been corrected, no further proceeding in this respect is to be taken on by the Forum.

4. The only dispute, which remains open, was that whether the bills should have been issued on the basis of the actual meter reading or on flat rates as issued in this particular case. There is U.P. Water Supply and Sewerage Act, 1975 and in Section 59 of the Act, there is specific provision that the Jal Sansthan instead of taking the charges on the basis of actual consumption, can charge on fixed rates. On the basis of this section and on the basis of the rights to create Rules under the Act, certain rules have been created and in one such rule, the charge was Rs. 40 in the urban area where the house is fitted with the meter. The consumer has further to pay service charges of Rs. 2 and Rs. 5 as meter rent. In this way the complainant has to pay a sum of Rs. 47. Again by amendment the rate has been enhanced to Rs, 50 as published in the Gazette Notification dated 9th January, 1999. Again the rate has been enhanced by Gazette Notification dated 18th October, 2003 to Rs. 75.

5. The complainant has furnished a chart along with his complaint and during the course of arguments as well such chart was produced before us. Firstly we shall not make calculations. We have not to see the chart monthwise and to give a correct finding what should have been the actual charge. It is a matter of dispute to be agitated in Civil Court but definitely the rates charged by the Jal Sansthan are not higher as given in the Government Gazette.

6. It is the option of the Jal Sansthan to charge either on the basis of the meter reading or on the basis of the minimum charges as provided under the rules, which have got statutory effect. The option is not that of the complainant to pay on the basis of either of the two. He cannot compel the Jal Sansthan to charge on the basis of actual consumption and not on the basis of fixed rate. If the learned Forum or for that purpose this Commission issues a direction to the Jal Sansthan to charge only on the basis of the meter reading and actual consumption and not at the flat rates, we shall be taking the legal rights of the Jal Sansthan, for which we are not authorized to do. For that purposes the complainant may challenge the vires of the Act or Rules itself, which can be done only in the Hon’ble High Court. If he wants to challenge the rights and wants to mak