Judgment:
J.D. Kapoor, President:
1. For no fault of his, the appellant has been asked by the respondent to pay Rs. 4,262 towards water consumption for the duration of as many as 10 years. Though the actual bill at the tariff of Rs. 10 p.m. would have been Rs. 1,200 but instead of sending the bill every month or even yearly, the respondent received bill for ten years by imposing penalty for these years. The complaint of the appellant seeking compensation and quashing of the bill was dismissed vide order 21.4.2003 by the District Forum. It appears that the grievance of the aforesaid bill has not been addressed in correct prospective as the facts of the case demostrate that it was entirely the fault of the respondent and its inaction for such a long period that the bill of Rs. 1,200 was inflated to Rs. 4,268. How could the respondent impose the penalty for non-payment of the bill if no bill had been raised at all.
2. Admittedly, the appellant applied for a water connection in 1987-88 and the water connection bearing No. 155319 was given in 1989. The number of the water connection was wrongly mentioned by the respondent as the actual No. was 15564 and it appears that due to this error no bill was ever sent to the appellant till 24.12.2001. There is sufficient material on the record to show that the appellant had been going to the office of the respondents during this period with the grievance that the actual number of the water connection was 15564, whereas the number shown in the record was 155319 and he had not received the bill for so many years.
3. It was the legal obligation of the respondent not only to rectify the mistake but also to raise the monthly or bi-monthly bill and by not raising the bill for more than 10 years, the respondent cannot be allowed to charge penalty from the appellant until the unless the consumer is asked to pay a bill. He does not know as to what amount he has to pay and it is only in case of failure of a consumer to pay bill by the due date that he is liable to impose a penalty. Otherwise, not. The foregoing reasons persuade us to allow the appeal and set aside the impugned order with the direction that the appellant shall pay bill of Rs. 1,200 for the period upto 24.12.2001 and subsequent bill, if already not raised, shall be raised upon the appellant without imposing any penalty. The appellant is also awarded a compensation of Rs. 2,000 towards mental agony and harassment he suffered during this period and also Rs. 1,000 towards cost of litigation. The amount shall be payable within one month.
4. The bank guarantee/FDR, if any deposited by the appellant be returned forthwith after completing necessary formalities.
5. A copy of this order as per statutory requirements be forwarded to the parties free of costs and also the concerned District Forum and thereafter the file be consigned to Record Room.
Appeal allowed.