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Waqas Sagheer vs Incharge Revenue Office Sub-division Fawara Chowk

CourtDistrict Consumer Court
Case No.1412/10
Date2010-06-21
Judge(s)Ejaz Ahmad Buttar
ResultN/A

Brief facts of the case are that petitioner is resident of Sarfraz Colony and has been availing facility of water supply and sewerage provided by the respondent. He had been paying the utility bills regularly. On 4-11-07 he was told to pay the bill through installments but owing to clerically mistake of respondent's officials, despite deposit made by the petitioner went to wrong account No. i.e.730 / 10458 instead of 730 / 10457. When the petitioner pointed out respondent's mistake, the officials conceded their mistake and found the petitioner entitled for transfer of amount from wrong account to the right one but despite such direction, petitioner has not so far received the amount.

After getting disappointed, the petitioner finally requested the respondent to disconnect his water supply connection. The petitioner also served legal notice to the respondent demanding him to redress his grievance but that too was not positively responded. Hence, this petition for transfer of an amount of Rs.5000/- to petitioner's account, disconnect his water supply connection and take any discipline action against respondent's delinquent employees.

2. Process was issued for the appearance of respondent on 6-5-10 but no body appeared despite service through clerk Nazir Masih, therefore, the petition was fixed for petitioner's ex-parte evidence which comprises his statement as PW1, his sworn affidavit Ex-P1, copy of legal notice Ex-P2, dispatch receipt Mark 'A', water supply bill Ex-P3, petitioner's application dated 22-10-09 Mark 'B', respondent's officials order dated 1-1-09 Mark 'C' and order of transfer of amount Mark 'C'.

2. Ex-parte arguments heard and record perused.

5. It is interesting to note that petitioner's allegations are supported on record, therefore, the petition is accepted ex-parte in the manner that respondent shall transfer an amount of Rs.5000/- in petitioner's correct account and shall also disconnect his water supply forthwith. As regards taking disciplinary action against respondent's defaulting officials, no penal action is being taken except the delinquent officials shall pay compensation / damages of Rs.5000/-. After due completion, file be consigned to record room.

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