LAWS(NCD)-2001-7-86

KUMAYON JAL SANSTHAN Vs. SARVAJEET SINGH BORA

Decided On July 25, 2001
KUMAYON JAL SANSTHAN Appellant
V/S
SARVAJEET SINGH BORA Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 4.7.2000 passed by District Consumer Forum, Almora in Complaint Case No.4/2000. It is not necessary to go in detail into the facts of the case. The dispute relates to the payment of water tax and water charges by the complainant to opposite party.

(2.) Learned Counsel for Kumayon Jal Sansthan raised objection that District Forum has no jurisdiction to entertain the claim of the complainant. In support of his contention he has placed reliance on the case of Mayor, Clacutta Municipal Corporation V/s. Tarapada Chatterjee and Ors., 1994 1 CPJ 99. In this case the complainant was paying only property tax to the Corporation, the levy on which is based on the annual value determined as per the provisions of Sec.174 of the Calcutta Municipal Corporation Act. The construction and maintenance of the water works and providing means for supply of water for public and private purposes is specified in Sec.29 of the said Act as one of the obligatory statutory functions of the Corporation. The Corporation is discharging the statutory duty for maintaining the system of water supply to other party within the municipal limit. The complainant is getting the water supply to his premises only by virtue of the performance of the statutory duty by the Corporation. After observing this, the National Commission held that there was no consideration for 'hiring' or 'availing of' service and it placed reliance on case of Consumer Unity and Trust Society V/s. The State of Rajasthan and Ors., 1991 2 CPJ 56. Supreme Court held that the payment of tax to Government which goes into the consolidated fund of the Union of India or State cannot constitute a payment of consideration for the hiring or availing of a service.

(3.) In view of the pronouncement of the Supreme Court it is clear that in the present case Jal Sansthan is performing statutory duty and as such there is no relation of consumer between the complainant and Jal Sansthan. The District Consumer Forum has no jurisdiction to entertain this complaint. The judgment and order passed by District Consumer Forum are liable to be set aside. ORDER the appeal is allowed. The judgment and order passed by District Consumer Forum, Almora are set aside. The complaint is dismissed. There will be no order as to cost. Let copy as per rules be made available to the parties.