RAM KISHAN SINGH Vs. MCD

JUDGEMENT

(1.) FEELING dissatisfied with the amount of compensation of Rs. 1,000 besides refund of Rs. 8,027 towards sewerage charges and Rs. 500 as cost of litigation vide order dated 1.1.2009, passed by the District Forum, the appellant has preferred this appeal.

(2.) THE allegations of the appellant, in brief, are that he purchased one plot measuring 120 sq. yards. As per requirement under Section 149 of MCD Act, appellant got prepared the construction plan which was approved by the MCD and paid Rs. 1,098 on 22.9.1970 as development charges along with water and sewerage charges. The map is available at P -143/C of case file and payment of development charges at P -139/C, but he has again received one demand note of Rs. 8,027 in the year 2000 and he had paid amount on 8.5.2000. The receipt is at P -153/C of case file. He alleges this double payment on the part of the respondent and prays for appropriate relief. As against this, the respondent admitted that payment was made by the appellant at the furnishing of map but regarding subsequent payment, it pleaded that only respondent -2 Delhi Water Board was responsible as DWB was separated later on. Respondent -2 also admitted payment by appellant but it has not given any explanation regarding second payment.

(3.) THE main grievance of the appellant is that the District Forum has not given any direction to respondent -2 as to respondent -1, for refund of Rs. 162 which were deposited with MCD, Water and Sewer Department as development charges.