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Judgment
AGGRIEVED by the dismissal of complaint by the District Consumer Forum, Thane by its impugned order dated 7. 11. 2007, org. complainant/organization has filed this appeal. The appeal is filed against Navghar-Manickpur Nagar Parishad.
THE complainant organization seems to be organization for consumer awareness and protection of consumer rights of Vasai Road, Dist. Thane. Its President Mr. Thakur Ibrahim filed a consumer complaint in the name of organization against the Navghar-Manickpur Nagar Parishad for directions against the Municipal Council to compulsorily instal water meter to each individual connection given to the buildings, chawls, homes, industries and commercial premises and to provide bills as per water consumption by the individuals. It was the case of the complainant-organisation that the O. P. /municipal Council had published Notice dated 18. 2. 2006 about increasing water taxes. The complainant moved the application under Right to Information Act seeking information about newly water tax sought to be imposed by the O. P. /municipal Council from 13. 9. 2006. He received reply on 7. 10. 2006. According to the complainant, water charges were not imposed as per provisions of Maharashtra Municipal Council and Nagar Parishad Act, 1956. As per new rate, consumers residing in the flats have to pay Rs. 120 per flat every month or Rs. 8 per thousand litres. This water has been provided through one main connection of half inch diameter for the group of 15 flats. It was the allegations of the complainant-organisation that Navghar-Manickpur Municipal Council is charging exorbitant rate. Hence, the President of the complainant-organisation filed consumer complaint. The O. P. filed written statement and contested the claim. It pleaded that the complainant-organisation is not a consumer. For want of payment of consideration the complaint is not tenable in law. It further pleaded that the complainant-organisation is defaulter in payment of water taxes and therefore, the complaint filed by such a complainant-organisation is not tenable. It further took objection to the maintainability of consumer complaint, which was in the nature of Public Interest Litigation and pleaded that such P. I. L. cannot be entertained by the Consumer Fora. It further pleaded that prior to 1997 there was shortage of water for drinking purpose in Navghar area and in December 1997 resolution was passed by the O. P.-Municipal Council to formulate water supply and Special Water Taxes Bye-laws for properly controlling water scheme. The two water schemes - Surya Water Scheme and Usgaon Water Scheme were completed and O. P. started getting water from the Surya Water Scheme. The O. P. used to charge Rs. 200 per water connection for residential and Rs. 400 for commercial purpose. The Municipal Council found it difficult to meet the expenses required to operate and to run the above water schemes and O. P.-Municipal Council was required to take heavy loan to the tune of Rs. 5,54,75,000 and obtained loan from one financial institution and therefore it had decided to increase water tax with the permission of Authority of Government of Maharashtra. It pleaded that the rate of water taxes were not exorbitant in nature.
On considering the affidavits and documents placed on record, the Forum below rightly held that the consumer organization cannot file this sort of Public Interest Litigation by filing consumer complaint in the Consumer Fora. So, objection raised in this behalf by the O. P.-Municipal Council is held to be tenable in law. Moreover, it further noted that the complainant-organisation had not paid water taxes of O. P. and therefore it was defaulter and such a defaulter cannot be permitted to file consumer complaint alleging exorbitant water taxes levied by the O. P.-Municipal Council. It further held that increase of water taxes by Municipal Council could not be held to be exorbitant or arbitrary in nature. The Bye-laws approved by the Navghar-Manickpur Municipal Council were approved by the Government of Maharashtra and as such O. P.-Municipal Council was within its legal rights to increase water taxes recoverable from the citizens residing within the jurisdiction of Navghar-Manickpur Municipal Council. It is also noted that huge loan has been taken by the Municipal Council to maintain and control Surya Water Scheme and Usgaon Water Scheme and for repayment of huge loan, it was imperative on the part of the O. P.-Municipal Council to increase rate of water taxes and, therefore, the complaint was rightly dismissed by the Forum below. We are finding that the appeal filed by the aggrieved complainant-organisation is having no merit. Pricing of any nature is the job of executives. It cannot be challenged in the Consumer Fora alleging that there is deficiency in service on the part of service provider like Navghar-Manickpur Municipal Council. In the circumstances, the appeal filed by the aggrieved complainant-orgnisation is having no merit. Hence, the following order: order 1. Appeal stands dismissed. 2. No order as to costs. 3. Copies of the order be furnished to the parties. Appeal dismissed.