West Bengal

North 24 Parganas

CC/205/2022

Sri Sujit Kumar Giri, S/O- Sri Rajendra Prasad Giri - Complainant(s)

Versus

CESC Limited, Represented by its General Manager - Opp.Party(s)

Jayanta Dey

03 Nov 2023

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/205/2022
( Date of Filing : 21 Jun 2022 )
 
1. Sri Sujit Kumar Giri, S/O- Sri Rajendra Prasad Giri
Thana Road, Bose Para, Holding No. 238/43/1, B.D. Sopan, PO- B.D. Sopan, PS- Khardah, PIN- 743121
North 24 Parganas
2. Smt. Putul Giri, W/O- Sri Sujit Kumar Giri
Thana Road, Bose Para, Holding No. 238/43/1, B.D. Sopan, PO- B.D. Sopan, PS- Khardah, PIN- 743121
North 24 Parganas
...........Complainant(s)
Versus
1. CESC Limited, Represented by its General Manager
CESC House Chowinghee Square, PS- Bow Bazar, Kolkata- 700001
2. The General Manager (L.C.C.), CESC Limited
2, Park Lane, 3rd Floor, PS- Park Street, Kolkata- 700016
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Daman Prasad Biswas PRESIDENT
 HON'BLE MR. Sri Abhijit Basu MEMBER
 
PRESENT:
 
Dated : 03 Nov 2023
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 205/2022

Date of Filing                                    Date of Admission               Date of Disposal

  21.06.2022                                              22.06.2022                            03.11.2023

 

Complainant/s:-

  1. Sri Sujit Kumar Giri, S/o Sri Rajendra Prasad Giri.
  2. Smt. Putul Giri, W/o Sri Sujit Kumar Giri

Both are residing at Thana Road, Bose Para, Holding No. 238/43/1 B.D. Sopan, P.O. B.D.Sopan, P.S. – Khardah, Pin Code No. 743121, District – North 24 Parganas.

-Vs-

 

Opposite Party/s:-

  1. CESC Limited

Represented by its General Manager, Distribution, CESC Limited, CESC House Chowinghee Square, P.S. Bowbazar, Kolkata – 700001.

  1. The General Manager (L.C.C)

CESC Limited, 2, Park Lane, 3rd Floor, P.S. – Park Street, Kolkata – 700016.

         

 

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri  Abhijit Basu………………. Member.

 

JUDGMENT/FINAL ORDER

 

          Complainant above named filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for direction upon the Opposite Parties, compensation amounting to Rs. 4,00,000/- and further order.

He alleged in the petition of complaint that Complainant No. 1 purchased 2 cottah 1 chitaks 23 sq.ft. land along with pakka 2 storied building. There were two separate domestic electric meter in the said premises in the name of previous owners. Complainant applied for transfer of the aforesaid two meters in their name and after physical inspection O.Ps transferred the same in their favour. On 08/06/2022 O.Ps forcibly entered into the house of Complainants and pushed away the Complainant No. 2 and her old aged father-in-law and they misbehaved with them and also assaulted them. On 10/06/2022 they illegally disconnected the aforesaid two connections which are in the name of Complainants. Hence, the Complainant filed this case praying for restoration of aforesaid two service connections.

 Opposite Parties filed W/V and they denied the entire allegations which mentioned in the petition of complaint.

On 02/02/2023 Complainant was absent without any steps. He was asked to file Show Cause by 20/03/2023 as to why necessary order shall not be passed against him.

Contd. To Page No. 2 . . . ./

 

 

 

: :  2 : :

            C.C. No. 205/2022

On 20/03/2023 case was adjourned due to resolution of the Local Bar and next date was fixed on 24/05/2023 for filing Show Cause by the Complainants. On that date Complainant was also absent without any steps and next date was fixed on 13/07/2023 for filing Show Cause by the Complainant.

On 13/07/2023 Complainant did not take any steps. Next date was fixed on 16/10/2023.

Complainant also did not take any steps on 16/10/2023.

Decision with Reasons

We have carefully gone through the petition of complaint filed by the Complainants. Complainants did not file any evidence in this record.

On 02/02/2023 Complainants were absent without any steps. They were asked to file Show Cause by 20/03/2023 as to why necessary order shall not be passed against them.

On 20/03/2023 case was adjourned due to resolution of the Local Bar and next date was fixed on 24/05/2023 for filing Show Cause by the Complainants. On that date Complainants were also absent without any steps and next date was fixed on 13/07/2023 for filing Show Cause by the Complainants.

On 13/07/2023 Complainants did not take any steps. Next date was fixed on 16/10/2023.

Complainants also did not take any steps on 16/10/2023.

It is the allegation of the Complainant that O.Ps forcibly entered into their premises and disconnected the two service connections which stand in the name of Complainant No. 1 and Complainant No. 2.

In support of his allegations he produced Xerox copies of some documents. But curious enough that Complainant did not file original copies of those documents, the reason best known to him.

Without perusing the original documents we are unable to come to a decision whether O.Ps illegally disconnected the aforesaid two service connections or not.

Having regard to the aforesaid discussion it is clear before us that Complainants have not able to establish their grievance by sufficient evidence beyond reasonable doubt and Complainants are not entitled to any relief as per their prayer.

In the result, present case fails.

Hence ,

It is ordered,

 

That the present case vide no. C.C./205/2022 be and the same is dismissed on contest against the O.Ps but without any order as to costs.

 

Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated and Corrected by me

 

President

 

Member                                                                                  President

 
 
[HON'BLE MR. Daman Prasad Biswas]
PRESIDENT
 
 
[HON'BLE MR. Sri Abhijit Basu]
MEMBER
 

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