wrong water bills to co operative societies

Sec 5 green n society legal-path.com

DDA/W.Supply/2013 SPEED POST 26.08.2013

Shri Najeeb Jang,
Hon’ble Lieutenant Governor,
Raj Niwas,
New Delhi 110054.

Irrational and illegal billing for water supply to Cooperative Group Housing Societies by DDA

Sir,

We humbly submit following points in respect of above for your kind consideration and decision:-

(1) The cooperative societies are covered by Law of Mutuality as decided by Hon’ble High Courts and Supreme Court and are exempted from income tax. Co-operative Societies work with objective of “No profit No loss” and run on the contribution of members. Apparently Co-operative Group Housing Society need not to be subjected to irrational, illogical and illegal levies.

(2) The law of the land ensures that any notification for increase or decrease in rates or taxes etc. is always effective prospectively and not retrospectively, ensuring that it does not adversely affect the comman man.

(3) It is common commercial ethic that monetary recovery against supply of goods is always on actuals and nothing beyond. If a person or organization receives an item, the payment can be collected only for the goods supplied and not for the goods not supplied.

Surprisingly, in practice it is just reverse now practiced by DDA. Factually water supply is very meagre and most erratic. For days in a month water is not supplied, and when supplied it is hardly for 30 minutes to 60 minutes. Majority of societies perforce have to buy water through tankers, all the year round.

Further, water meters have been installed in the name of societies and bill since inception raised in the name of society as per meter reading. Surprisingly for past few months water bills are raised as per number of flats instead of actual meter reading. There is no meter installed in individual flat. Only one meter is installed for society and actual consumption in society is recorded in the meter for which bill is paid on the prescribed fixed rate to DDA. It is because:-

(a) Number of flats in a society remain vacant as owners reside in Govt./company houses or they are out of city or out of country.

(b) In number of flats only 2 members stay and in some 4 to 6 and even more. As such flatwise consumption is vague and as such billing is unjustified.

(c) The system of recovery on flat basis without guaranting the quantity and regular supply to all residents is beyond any imagination and especially when most of the societies are dependent on water tankers and borewells.

(d) Apart from hike in water charges from time to time suddenly without any justification and notification, DDA (Water wing) generated bills on the basis of number of flats instead of total units consumed which is illegal and uncalled for. Secondly, it is beyond any understanding how bills now raised retrospectively at enhanced rates w.e.f. 4.3.2011. Such bills are illegal and require to be withdrawn. Since March, 2012 rates have been revised thrice till todate. As an illustration case study in respect of one bill of one society in Dwarka is elucidated hereunder to depict irrational and arbitrary functioning of Water Wing of DDA:-

I. From 7.1.2009 to 3.8.2011 and also for the period from 1.12.2012 to 4.3.2013 they charged @ Rs.6.28 per unit.

II. For the period 3.8.2011 to 12.12.2011 and 28.3.2012 to 28.12.2012 charging @ Rs.50.00 per flat per month.

III. Then from 1.12.2012 to 4.3.2012 @ Rs.68.00 per flat per month.

IV. And they are charging from 4.3.2013 to 03.07.2013 @ Rs.86.00 per flat per month.

The above is beside bill now raised with arrears from 4.3.2011 which is unjustified and illegal.
We shall be highly obliged for orders as it will bring relief to societies and their members.
Thanking you assuring our best of Co-operation.

Citizen’s reporter

ASHOK KUMAR
PRESIDENT

ASSOCIATION OF SUFFERING MEMBERS OF CGHS DELHI

 

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