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Double-digit penalty wins 4-digit compensation

Water supply to pay Rs 4,000 to a consumer for collecting Rs 80 as penalty in 2011.

Chennai: The state consumer disputes redressal commission, Chennai, has directed the Chennai metropolitan water supply and sewarage board to pay a compensation of Rs 4,000 to a consumer for erroneously collecting Rs 80 as penalty in 2011.

While setting aside the order of the district consumer disputes redressal forum, the bench, comprising president, Justice R. Regupathi, and judicial member A.K. Annamalai, directed the board to refu­nd the penalty amount.

In the appeal, B.R. Padmanabhan of Moga­p­p­a­ir West, submitted that he filed a petition before the district forum, seeking a direction to the Chennai metropolitan water supply and sewarage board, Chi­n­t­adripet, and executive engineer of the board, Mogappair, to refund the excess amount collected by the board even after paying the dues.

He stated that the board collected Rs 128 towards tax and Rs 80 as penalty after issuing a notice on March 26, 2011 whereupon he made the payment the following month.

He contended that the board committed negligence and deficiency of service and sought the refund of the excess amount along with a compensation of Rs 20,000 for causing mental agony and towards cost.

The forum dismissed the petition by holding that there was no deficiency in service.

Hence, he filed the present appeal before the state commission contending that the district forum had erroneously dismissed the petition.

In its reply, the board submitted that there was a delay in tax payment. It collected Rs 128 based on the revised water and sewerage tax and Rs 80 as penalty, as per the CMWSSB Act.

Hence, no deficiency or negligence was committed. After considering the submissions, the bench pointed out that Padma­nab­han had been made to suffer and that mental agony had been caused to him.

The bench directed the board and executive engineer to jointly pay a compensation of Rs 4,000 and refund the penalty amount to him in six weeks’ time.

( Source : dc )
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