HARYANA URBAN DEVELOPMENT AUTHORITY Vs. JANAK DULARI

JUDGEMENT

(1.) This appeal has been filed against order dated 2.6.2002 by District Consumer Disputes Redressal Forum, Hisar (Haryana) in Complaint Case No.57 of 2000. The contextual facts in brief are as under.

(2.) The respondent/complainant is resident of House No.465, Urban Estate-II, Hisar (Haryana ). As per averments, a bill No.12 dated January, 1998 for Rs.5,328 was sent to respondent/complainant towards arrears of water charges for the period June, 1989 to January, 1996, though the bills for this period already have been paid by her. The respondent/complainant has submitted that she learnt that consequent to dismissal of CWP No.1575 of 1989 in Punjab and Haryana High Court, the arrears were charged along with other residents of Urban Estate-II, Hisar. She represented to the appellant/op HUDA that she was not a petitioner/party in the CWP No.1575 of 1989 but it has been alleged that she was warned to pay the disputed amount of arrears for water/sewerage charges, failing which she will be liable to pay a heavy penalty. The respondent/complainant paid the amount for the disputed period vide receipt No.240 dated 19.1.1998. The complainant has alleged that this amount has been charged due to exploitation of the consumers and huge bill raised as arrears/water and sewerage charges by taking undue advantage especially she was not even the party to the aforesaid writ petition. The complainant has alleged the above stated charges as arbitrary, illegal and unconstitutional. A prayer has been made for a direction to refund the amount with interest and to award heavy costs/damages and litigation expenses in the interest of justice, equity and fair play. It has also been prayed that the concerned HUDA Officers be imposed financial penalties.

(3.) In the written statement filed on behalf of OP - HUDA , the preliminary objection taken is that complaint has not been signed and verified, hence not maintainable. No negligence or deficiency in service has been alleged and the complaint is liable to be dismissed on this ground. It is further stated that the complaint is not maintainable in the present form as the complainant is not a consumer. No amount has been deposited with the OP. Further it is stated in Clause No.15 of letter dated 22.4.1994 that all disputes concerning the aforesaid allotment shall be referred to Chief Administrator or any other official appointed by him and accordingly this dispute should have been referred to above stated authority and complaint before the Forum is not maintainable in view of complainant having agreed to abide the above clause.