D K SURI Vs. GARHWAL JAL SANSTHAN

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 5.3.1993 passed by District Consumer Forum, Dehradun in Complaint Case No.46/93. Briefly stated the facts of the case are that the complainant D. K. Suri is resident of Rajpur Road, Dehradun. Residential house at 30/8-I, Rajpur Road, Dehradun is self-occupied since 12.8.1979. On the self-occupied houses sewer tax rebate @ 25% is provided by the opposite party. The said rebate was not given by the opposite party to the complainant on the ground that the first house tax assessment be got revised from Nagar Palika, Dehradun and then only such a rebate can be granted. The complainant continued to deposit the sewer tax in which rebate was not given and such deposits were made under protest. Inspite of various letters addressed to opposite party the rebate was not given. The complainant lodged a claim before District Consumer Forum claiming refund of the excess sewer charges.

(2.) The opposite party did not contest the case and the case proceeded ex-parte against the opposite party before the District Forum.

(3.) District Forum after perusing the evidence came to the conclusion that the complainant had not given evidence for self occupation of the house for the previous years and directed that the rebate admissible from 1992-93 @ 25% should be made available to the complainant. The amount of rebate determined per year was Rs.23.10p. from the year 1992-93 onwards by the District Forum.