Mithun Bera------------------------------- Petitioner.

-         Versus –

CESC Ltd. & others.---------------Opposite Parties.

                           P R E S E N T

Hon’ble President  :   Shri T.K. Bhattacharya.

Hon’ble Member   :    Shri P.K. Chatterjee.

Hon’ble Member   :    Smt. Jhumki Saha.

Order No.  6                                    Date 30-06-2014.

          The ld. Agents of both complainant and o.ps. are present.

          In view of the petition filed by the o.p. CESC Ltd. dated 15-05-2014 challenging the maintainability of the instant complaint.

          The complainant has given enough opportunity to file written objection against petition dated 15-05-2014 of the CESC Ltd.  and subsequently  filed written objection by the complainant on 23-06-2014 denied all the allegations made by the o.ps.

          Heard the ld. Lawyers. Considered.

          Admittedly the complainant is a consumer with respect to a domestic meter being consumer no. 69097073003. Admittedly the supply of one Shri Bimal Kr. Bera, consumer no. 69097072006 consuming electrical energy through meter no. 2855225 within the demarcated part and portion within the same premises was disconnected on 28-10-2005 for theft of energy and the supply line of the complainant was also disconnected first time on 11-08-012 for unauthorized extension of supply to Shri Bimal Kr. Bera, a disconnected consumer, and that to further disconnected the supply line on the dated 24-12-2013 and 22-03-2014 for unauthorized reconnected the supply line without paying assessed amount so assessed by the delegated authority of the  CESC  Authority, the service line was not reconnected.  Complainant  Shri Mithun Bera in filing the complaint claimed that no such disconnection was done except on the dated 22-03-2014 and that to paid electric bill for the month of  August, 2012.  Whatever be the claim of the complainant there is definite allegation of theft of energy by the CESC Ltd. that apart, since the complainant admittedly runs a pan gumti within the locality of his residence, the complaint is hit by the provision of Section 2(1)(d)(1) of the C.P. Act, 1986 as relief is sought for commercial purpose.

          Accordingly we are of the view that the complaint shall be dismissed as it is not maintainable before the  Forum in view of the decision reported in  Vol. II (2009) CPJ 402 NC, 2010  CT J, 886 NC 2010, CT J 928 NC.

          Hence,

                            O R D E R E D

            That the petition dated 15-05-2014 filed by the CESC  Authority is hereby allowed.

           That the complaint case no. HDF 185 of 2014 being not maintainable is dismissed.

          No order as to costs.