Shankar Shaw,

son of Rajendra Shaw

of 150/10, ground floor shop of

58/1, Munshi Noor Mohammad Lane,

District – Howrah,

PIN - 711101.-------------------------- Petitioner.

-         Versus –

1                   CESC Limited,

      Eastern Building,

      Chowringhee Square,

      Kolkata – 700069.

2.  CESC Ltd.,

Howrah Regional Office,

433/1,  G.T. Road ( N ), P.S. Golabari,

District – Howrah,

PIN –1.--------------------Opposite Parties.

Order No.  3                              Date : 23-05-2014.

          The ld. agents of the complainant and the o.ps. are present.

            In view of the petition filed by the o.p. CESC Ltd. dated 04-04-2014 challenging the maintainability of the instant complaint. 

            The ld. Agent of the complainant submitted written objection on the dated 23-08-2014 against the petition submitted by the o.p. CESC Ltd. along with necessary enclosures which is taken into consideration and kept in record. 

            Heard the ld. Lawyers.  Considered.

            Admittedly the complainant is a consumer with respect to an industrial meter bearing meter no. 3489817 under  Consumer No. 57018058017 in the premises of  58/1, Munshi  Noor Mohmad  Lane, ( ground floor shop ), Howrah, was disconnected by the CESC  Authority on 06-03-2014 for theft of energy and accordingly provisional / final assessment order was passed  on 27-03-2014 having giving enough opportunity of hearing of this assessment order.  The complainant did not liquidate the dues amounting to Rs. 8,99,605/- of LCC  Department, the service was not reconnected .The complainant explained that the notices of the o.ps. are preplanned, concocted and frivolous and to grab illegal money from their customers in spite of the facts that the complainant requested the o.p. vide his letter dated 10-03-2014 addressed to the assessing officer seeking an early date of hearing. Whatever be the claim, there is definite allegation of theft of energy by the o.p. CESC Ltd. Moreover, as admitted the comp0lainatn  runs a comme4rcial connection for which this particular complaint  is hit by the provision of Section 2(1)(d) 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  04-04-2014  filed by the CESC Ltd. is hereby allowed.

            That the complaint case no. HDF 166  of 2014 being not maintainable is dismissed.

            No order as to costs.