I.A.No.01/2018 

            The interim application filed by the Complainant is taken up for consideration. The OPs have been directed to file objection if any on the I.A. The OP No.2 & 3, the official of WESCO has filed written version through their Advocates. The said written version also includes the objection against the I.A. They submitted that the complaint  is not a consumer of them rather OP No.1, Dr. Binayak Pani having Pani Market Complex, Rourkela is a consumer of the electricity department to whom the electricity has provided in his name to facilitate to his tenant i.e. the Complainant  of his Shop No.29 and 30. On 20.12.2017 Dr. Pani requested them for a temporary disconnection of the electricity to those shops on payment of required disconnection charge and as per his request electricity connection to the shop given to the tenant complainant had been disconnected. They also submit that as the complainant is not a consumer of the department he has no locus-standi to challenge the said disconnection. On the other hand Advocate for the complainant  submits that as per the agreement dtd. 01.12.2016 executed in between the complainant and O No.1 wherein it was agreed to provide separate electricity connection by the separate line drawn to the tenanted premises shall be supplied by land lord and the energy consumption charges shall be paid by them, the complainant was availing electricity with the approved of the land lord OP No.1. It is further submitted that when the electricity dues were regularly paid to the OP-WESCO, disconnection of the connection to the shops of the complainant, being a beneficiary which also includes with the definition of consumer under the Act,  with the instance of the landlord is illegal which amounts to deficiency in service on the part of the WESCO.

           We have heard from both the sides. On perusal of the copy of the agreement it is noticed that the agreement was valid for a period of 11 months  from the date of its execution, it means the said agreement got lapsed when the OP No.1 requested in writing for temporary disconnection since the expiry of the agreement period, due to want of further approval, the complainant ceased to be a beneficiary thereby a consumer of the OP-WESCO. When the complainant is not a consumer of the OP-WESCO, complaint filed by the Complainant cannot be maintainable and liable for dismissed. At this juncture, consideration of I.A. filed by the complainant cannot arise. We therefore, reject the I.A. and thereby dismissed the complaint.

        This dismissal of complaint does not prevent the complainant to approach the Civil Court for redressal of his grievances and to establish his right, title and interest over the disp0uted matter.

                                    The case in hand is disposed of.