JAI DEEP KUMAR SHARMA Vs. NAGAR PALIKA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 28.8.1992 passed by District Consumer Forum, Rampur in Complaint Case No.39 of 1992.

(2.) The facts of the case stated in brief are that the complainant is the owner of house situated in Mohalla Shirin Mian and is assessed to water tax at the rate of Rs.586/- per annum. Nagar Palika, Bilaspur wanted to construct 150 shops on the slope of the P. W. D. Road known as Rampur-Kichhna Road on the portion which falls in front of the house of the complainant as well as several other houses. The complainant and other 28 persons filed a Civil Suit No.18 of 1992 in the Court of the Civil Judge, Rampur on 31.1.1992 with a prayer that the Nagar Palika, Bilaspur be restrained from making any construction in front of the complainant's house. The Civil Judge by order dated 31.1.1992 directed the Nagar Palika, Bilaspur to maintain the status quo. The Nagar Palika Chairman did not obey the order of the Civil Judge. Hence another order was passed by the Civil Judge on 3.2.1992 in which a direction was issued to the police that the injunction order be implemented and only then the construction work was stopped by the Nagar Palika. The Chairman, Nagar Palika became furious and vindictive and in order to take revenge from the complainant, issued two notices dated 2.2.1992 alleging therein that the complainant constructed a Chhajja on Government road which was causing inconvenience in the free flow of traffic.

(3.) The opposite party, Nagar Palika, on 3.2.1992 also illegally disconnected his water supply. Supply of water is mandatory duty of the Nagar Palika. The complainant had paid the last bill on 19.6.1991 for the period 1.4.1990 to 31.3.1991. Thereafter no notice of payment or demand was received by the complainant. There are thousands of residents in Bilaspur and only connection of the complainant and no other co-plaintiffs in the suit has been disconnected. By means of this illegal action of the Nagar Palika, the complainant has been put to loss and a direction be issued to the Nagar Palika to immediately restore the water supply to the complainant. He also claimed a compensation of Rs.10,000/- for harassment etc. and Rs.200/- per day damages till the water supply is restored.