HDF CASE NO. 216 OF 2014
Ram Niranjan Mishra
of 21, Rose Mary Lane,
P.S. Golabari,
District – Howrah.-------------------------- Petitioner.
- Versus –
Assessing Officer,
CESC Ltd.,
Eastern Building,
15/1, Chowringhee Square,
Kolkata – 700069.---------------------Opposite Party.
Order No. 6 Date : 22-05-2014.
C/R is put up today for order.
In view of the petition filed by the o.p. CESC Ltd. dated 29-04-2014 challenging the maintainability of the instant complaint.
Heard the ld. Lawyers. Considered.
Admittedly the complainant is a consumer with respect to an industrial meter being Consumer No. 56009116031. Admittedly the supply of one H.P. Chowdhury of premises no. 21, Rose Mary Lane, P.S. Golabari, District – Howrah, was disconnected by the CESC Ltd., on 14-02-2000 for theft of electricity and accordingly an assessment order was passed. As H.P. Chowdhury of Consumer no. 56009116011 did not liquidate the dues of LCC Department, the service was not reconnected. The complainant Ram Niranjan Mishra in filing the complaint claimed that he has no connection with H.P. Chowdhury and even he did not hear his name. Whatever be the claim, there is definite allegation of theft by the o.p. CESC Ltd. That apart since the complainant admittedly runs a factory having 14/15 workers, the complaint is hit by the provision of Section 2(1) (d) (i) of the C.P. Act, 1986 as the relief is sought for commercial purpose.
Accordingly we are of the view that the complaint shall be dismissed as it is not maintainable before this Forum in view of the decision reported in Vol. II (2009 ) CPJ 402 NC, 2010 CTJ, 886 NC 2010, CTJ 928 NC.
Hence,
O R D E R E D
That the petition dated 29-04-2014 filed by the CESC Ltd. is hereby allowed.
That the complaint case no. HDF 216 of 2014 being not maintainable is dismissed.
No order as to costs.
