BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 176/2021
Sri Sambhram Das, aged about 32 years,
S/o – Sri Sushil Kumar Das,
Resident of Plot No.32/8222 (P). Chakeisiani,
Near Mangala temple, Ward No.5,
Bhubaneswar – 751010,
Dist – Khurda
…. Complainant
-Vrs.-
1. The Commissioner, Bhubaneswar Municipal Corporation (BMC),
Vivekananda Marg, Kalpana Square, Bhubaneswar – 751014
Dist – Khurda
2. The Assistant Executive Engineer (Electrical),
Bhubaneswar Municipal Corporation (BMC),
Vivekananda Marg, Kalpana Square, Bhubaneswar – 751014
Dist – Khurda
3. The Chairman,
Bhubaneswar Smart City Limited,
Block – 1, 5th Floor, BMC Bhawani Mall, Saheed Nagar,
Bhubaneswar - 751007
Dist – Khurda
… Opp. Parties
EXTRACT OF THE ORDER NO02. : DATED :02/09/2021
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The complainant is present in person. Heard on the question of admissibility of the complaint and perused the record.
It is the case of complainant that some street lights are missing in some poles in the Chakeisiani locality and also there is no street light in front of complainant’s house situated at the said locality, as such the complainant as well as common people are facing various difficulties and also road accidents are being occurred frequently when travelling in the dark are of the road. Therefore, he filed the Present complaint U/S 35(1) of the C.P.Act, 2019 praying for directing the OPs to install a street light in front of the complainant’s house on poll and other consequential relief are also prayed.
In this regard, we first of all find that the complainant has neither paid any money to the OPs for the goods in question nor hired any services from them. Merely because the street light is not installed in front of his house and some are missing in the vicinity, it does not make these OPs responsible for any sort of deficiency in service and unfair trade practice.
In the facts and circumstances, we are of the view that the complainant is neither a consumer of the OPs within the meaning of section 2 (7) (ii) of the C.P. Act, 2019 nor he has got any cause of action to bring this case against the OPs.
As such, we do not find any sufficient reason in the instant case to proceed against the OPs and therefore, the complaint is rejected being not maintainable.
Sd/-Member Sd/-President (I/c)
(B.R.SWAIN) (S.Kumari Rath)
