PSEB Vs. KULBIR SINGH

JUDGEMENT

(1.) R.P. No. 2775/2004 It is the case of the complainant that he is the owner of property of House No. 8/40 situated at Shivpuri, Haldwani, and that the septic tank installed in his house was required to be cleaned, as per the rules. Therefore, he filed an application in the office of the Nagar Palika, Haldwani, respondent, and deposited Rs. 200 as fees as directed. On his repeated requests he was informed by the officers of the respondent that the employees of the respondent would come and clean the septic tank. When he insisted, the officers rudely behaved and insulted him and informed him that whenever they think fit, they will send their employees.

(2.) As the employees of the respondent had not carried out any cleaning work and the septic tank became full, it started emitting foul smell. Hence, he was compelled to call some other sweepers and get his septic tank cleaned by incurring expenses amounting to Rs. 1,050. It is his contention that the respondent acted mala fide and harassed him for some oblique purpose, even after receiving requisite fee for carrying out the work. Hence, he preferred Case No. 285 of 2001 before the District Forum, Nainital. After adverting to the evidence led by the complainant as well as the receipt of Rs. 200 and also the copies of the letters written by the complainant to the respondent, the District Forum arrived at the conclusion that the complainant was consumer within the meaning of the Consumer Protection Act, 1986, and that the action of the officers of the respondent was mala fide as they have failed to discharge their duty and obligation in the manner prescribed by the Rules. Hence, the complaint was partly allowed and the respondents were directed to refund the sum of Rs. 200 deposited by the complainant, to pay Rs. 1,050 on account of the expenses incurred by the complainant, and Rs. 1,000 for mental agony suffered by him. The District Forum also directed the respondent to pay the costs of Rs. 1,250.

(3.) Against that order, the respondent - Nagar Palika preferred Appeal No. 932 of 2003 before the State Commission, Uttaranchal. That appeal was partly allowed.