The record is taken up for passing order regarding hearing arising out of the petition dated 17-11-2014 filed by the O.P., the Asstt. Engineer & Station Manager U/S 26 CP Act for dismissal of the case on the ground that it is frivolous and vexatious complaint along with objection filed by the complainant, Utpal Ray.
It is the case of the O.P that the meter in question stands in the name of the deceased father of the complainant. So, the complainant is not consumer under CP Act. But legal heir certificate issued by Khagrabari Gram Panchayet reveals that complainant, Utpal Ray is one of the legal heir of his deceased father, Pravat Chandra Ray. So, he is beneficiary of said electric line and has been paying electric bill and it cannot be said that he is not consumer.
Evidently, the father of the complainant, Pravat Ch. Ray has filed a DF case being No.DF-110/2013 against the present O.Ps, W.B.S.E.D.C.L., and said case was dismissed with cost of Rs.2,000/- payable by the substituted complainant i.e. present complainant to O.Ps.
We find that in the said case allegation of the complainant was frequent voltage up and down, but said case was dismissed as it was found that said complaint was frivolous or vexatious.
There is nothing to show that the said order was set-aside by any Hon’ble Superior Forum.
We further find that before filing of the DF Case No.110/2013 on 24-08-2013 the complainant filed an application before Asstt. Engineer, KSM alleging up and down of voltage.
It appears that 27-08-2013 staffs of the O.Ps inspected the line and reported that there was no up and down of voltage, but neutral cut out of main switch was loose and insulation gaze of wires was low and neutral cut out was facing hoting problem.
We further find that by sending notice dated 28-10-2013 the complainant was informed by the O.Ps that as per Regulation 4.3.2 of Notification No.55/WBERC dated 07-08-2013 the notice is being served with an advice to remove all deplorable protective devices including weaker section of wiring from circuit within forty eight (48) hours from the receipt of the notice.
We also find that in the final order of DF Case No.110/2013 there also specific order that the complainant shall comply with the Regulation 4.3.2 of the Notification No.55/WBERC dated 07-08-2013, in terms Notice of the Assistant Engineer & Station Manager, Khagrabari, CCC, WBSEDCL, conveyed under his Memo No. KB/CCC/T-42/802 Dated 28-10-2013 and report compliance, in default the concerned O.Ps are at liberty to take necessary legal steps in the interest of the complainant, neighboring people and the WBSEDCL as a whole, to save them from any untoward incident, apprehended.
But the complainant without complying the order of the Forum. Presently filed another case against the O.Ps, Electricity Company again alleging up and down of voltage.
So, it is clear that the complainant is in habit of filing cases one after another without complying the previous order passed by the Forum and such type of frivolous or vexatious complaint is liable to be dismissed with cost.
Accordingly, the application succeeds.
ORDER
Hence it is ordered that,
The application dated 17-11-2014 filed by the O.P, the Asstt. Engineer & Station Manager U/S 26 of CP Act for dismissal of the case is allowed on contest with costs.
Let the DF Case No.58/2014 be and the same is dismissed on contest with costs of Rs.2,000/- payable by the complainant to the O.P. No.1, Asstt. Engineer & Station Manager, WBSEDCL as it is found frivolous or vexatious.
Let plain copy of this Final Order be supplied, free of cost, to the concerned party/ld. Advocate by hand/ be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
President President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
