Judgements

Shri Murari Lal Mangal vs Municipal Corporation Rajasthan on 27 August, 2001

National Consumer Disputes Redressal
Shri Murari Lal Mangal vs Municipal Corporation Rajasthan on 27 August, 2001


ORDER

D.P. Wadhwa, J. (President)

1. Complainant is the petitioner before us. He lost his case both before the District Forum and the State Commission. His complaint against the respondent-Municipal Corporation was that he was not getting regular water supply and a direction was sought that Municipal Corporation should immediately supply water and also pay damages for non-supply of water for the last six months. Waiver of arrears was also sought. It was found that water supply scheme has been transferred to Public Health Engineering Department of State of Rajasthan. As such complaint could not be maintainable against the respondent – Municipal Corporation. It is also found that there were arrears of water charges during the periods water supply was made by the respondent – Municipal Corporation. Complaint was, therefore, under legal obligation to pay the arrears of water charges and the arrears were infact of water tax under Rajasthan Municipal Corporation Act. Complaint was dismissed by the District Forum and on appeal filed by the complainant, the order of the District Forum was upheld. State Commission pointed out that if the complainant wanted, he could give an application afresh for supply of water to the Water Works Department of public Health Engineering Department. We do not find it is a fit case to exercise out jurisdiction under clause (b) of Section 21 of the Consumer Protection Act. Revision petition is dismissed.