Water tax bill of 2008-09 demended in 2017

PRASHANT (Querist) 20 February 2017 This query is : Resolved
Dear All
one of my client recd notice for payment of water tax from Jal nigam,Aligarh . the said notice consist of demand for water tax of 2008-2009 of Rs 7000 and interset of Rs 2100 . since 2009 there were no any demand from them for collection of the same. this demand bills printed by computer and isgned and stamped by jal nigam officer also contains manual correction in figures thus making and altering figures of water tax and interest portions.
they insist to pay demand within 15 days of receiving the notice or they will send the same for recovery to tehsildar.
whether we can deny from payment on the basis of limitation period of 3 year alreay expired.
there was no water suppply for which my clinet alreay served a notice in 1994 and such connection were disconnected in non payment . my client also had news paper printed with alligations of no water supply in his area.
in 2013 my client had transferred whole such property bearing that water connection to a temple trust by making BAINAMA for no consideration.
PLEASE ADVISE.
ADVOCATE PRASHANT 9760290825

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krishna mohan (Expert) 21 February 2017
No indication about whether it is paid or not. It is a continuous process and responsibility of the consumer to pay on time otherwise penalty to be paid as per rules. I am not sure whether you can deny under Limitation Act especially when your client is not the current owner and now and owner is a trust. It need to be seen from the perspective of cost of litigation vs the outcome and take a balance call. If your client is pretty sure about non supply he could have fought in the consumer court. Even for that I am of the view it is delayed beyond the prescribed time limit.