Bihar

Jehanabad

CC/42/2023

Subodh Kumar Advocate - Complainant(s)

Versus

Managing Director, South Bihar Power Distribution Company Limited - Opp.Party(s)

Advt. Ramanand Sao

22 Jul 2023

ORDER

Attendance on behalf of the complainant filed through his advocate. Learned advocate for the complainant has filed a case law of the honourable appex court and submitted that the non-maintaibility of the second complaint after dismissal of First one is not appllicable as in order 9 rule 9(1) of the code of Civil procedure do not apply in the consumer cases. The above position of law is already well settled inn the limit of provisions contained in section 13(II) of the consumer act 1986 and section 38(IX) of the 2019 Act. But here in theis case the present complaint has been filed on being agrived by the electricity  bill dated 12.07.2017 and by the action of the OP by not replying to his advocates notice dated. 02.04.2018. From both the dates above referred on which the cause of action arose to the complainant for bringing this complaint more than two years has elapsed which is the  statutory period for filing of a complaint. Even no petition for condoletion of delay has been filed with sound reasons. In view of above said facts the present complainant being barred by limitation cannot be  admitted. Hence, the  present complaint  is  dismissed.