Maharashtra

DCF, South Mumbai

CC/15/2013

SURESH SHYAMRAO THORAWADE - Complainant(s)

Versus

GENERAL MANAGER, BEST UNDERTAKING - Opp.Party(s)

S.B.RAJBHAR

22 Apr 2013

ORDER

 
CC NO. 15 Of 2013
 
1. SURESH SHYAMRAO THORAWADE
GARAGE NO.2, GROUND FLOOR, 46/B, ASHA MAHAL CO.OP.HSG.SOCIETY, PEDDAR ROAD, MUMBAI 400 026
...........Complainant(s)
Versus
1. GENERAL MANAGER, BEST UNDERTAKING
ELECTRIC HOUSE, COLABA, MUMBAI
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Satyashil M. Ratnakar PRESIDENT
 HON'ABLE MR. Shri S.S. Patil MEMBER
 
PRESENT:
तक्रारदार स्‍वत: हजर.
......for the Complainant
 
ORDER

ORDER  BELOW  EXHIBIT - 1

 

1)         Heard the Ld.Advocate Shri. S.B. Rajbhar, for the Complainant.  The complaint is against BEST undertaking (Opposite Party No.1) and Asha Mahal Co-Op. Housing Society (Opposite Party No2). Opposite Party No.1 is not providing electricity connection and Opposite Party No.2 is not allowing Opposite Party No.1 to give electric connection to the Complainant as alleged. In this connection we also perused the papers attached with the complaint.  It is seen from the papers, that the Complainant is not a member of Opposite Party No.2, nor he has paid any consideration to Opposite Party No.2 for any service whatsoever.  Therefore, the Complainant is not a ‘Consumer’ of Opposite Party No.2 Society.

 

2)         The Complainant has applied for the electric connection and put a demand of electric supply vide Receipt No.5839 dtd.26/11/2012.  Incidentally the Complainant has not attached the application No.112775 though a receipt No.5839 dtd.26/11/2012 is on record. With reference to this demand of electric connection, dtd.26/11/2012, the Opposite  Party No.1  has replied to the Complainant vide its letter No.687 dtd.21/12/2012 / 03/01/2013 and has asked the Complainant to submit case papers of High Court Suit No.77/1999. From this correspondence it is seen that some litigation is pending in Hon’ble Bombay High Court in connection with the premises where the Complainant wants electric supply.  The Opposite Party No.1 has asked the papers to take decision.  The Complainant has not furnished these papers to the Opposite Party No.1.  Under such circumstances, there is no prima facie case of deficiency against Opposite Party No.1.  Hence, complaint is not admitted.

 
 
[HON'ABLE MR. Satyashil M. Ratnakar]
PRESIDENT
 
[HON'ABLE MR. Shri S.S. Patil]
MEMBER

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