ORDER NO. 6 DT. 4.2.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

          Appellant through Mr. Sumanta Kr. Banerjee and the Respondents through Mr. S.Nayak along with Mr. Alok Mukhopadhyay, Ld. Advocates.  Heard both sides in full.  Judgement is delivered as under :-

          This Appeal is by the complainant against the order of dismissal dated 16.4.10 of her complaint case being CDF/Unit-II/C.C. No. 201 of 2009 by the District Consumer Disputes Redressal Forum, Kolkata, Unit-II.  The said complaint case was filed by alleging that the electric meter, which was originally standing in the name of Rajakatra Babosayee Samiti, was transferred in the name of the complainant after the said Rajakatra Babosayee Samiti had issued no-objection certificate for such transfer of the electric meter in the name of the complainant.  The OP, CESC Ltd. thereafter all on a sudden re-transferred the said electric meter in the name of the said Rajakatra Babosayee Samiti without disclosing any reasons whatsoever to the complainant.  The complainant accordingly prayed for a direction upon the OP to transfer the electric meter in her name and for payment of damages for Rs. 50,000/- for the deficiency of service as alleged above.

          Evidently, the said Rajakatra Babosayee Samiti has not been made a party to the above complaint case.  The fact remains that on the date of filing of the complaint the electric meter rightly or wrongly stood in the name of the said Rajakatra Babosayee Samiti.  In any event, re-transfer of the said electric meter in the name of the complainant cannot be done in the absence of the said Rajakatra Babosayee Samiti.  For the reasons as aforesaid we are of the view that the complaint suffered from a defect as to the non-joinder of necessary party.  Accordingly, the impugned order for dismissal of the complaint cannot be sustained.  The same is, therefore, set aside.  The complaint case is remanded back to the Forum below with liberty to the complainant to remove the defect as aforesaid by impleading the Rajakatra Babosayee Samiti as a party to the complaint case.  Upon such amendment of the complaint the same shall be disposed of afresh on merit in accordance with law without being influenced by the earlier dismissal of the complaint.  The Appeal is thus disposed of.