West Bengal

Murshidabad

CC/9/2020

Abdul Majid - Complainant(s)

Versus

Mannan Sk & Ors. - Opp.Party(s)

Debasish Gupta

19 Feb 2024

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/9/2020
( Date of Filing : 17 Jan 2020 )
 
1. Abdul Majid
S/o Late Akher Ali, Maderhati, PO-Kumarsanda, PS-Kandi, Pin-742136
Murshidabad
West Bengal
...........Complainant(s)
Versus
1. Mannan Sk & Ors.
S/o Hossain Sk, Maderhati, PO-Kumarsanda, PS-Kandi, Pin-742136
Murshidabad
West Bengal
2. Station Manager, WBSEDCL, Gokarna
PO-Gokarna, PS-Kandi, Pin-742136
Murshidabad
West Bengal
3. Asst. Engineer, WBSEDCL
Kandi, PO&PS-Kandi, Pin-742137
Murshidabad
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 19 Feb 2024
Final Order / Judgement

                                                                                       Case No.  CC/09/2020

22

19.02.24

 

           Today is fixed for steps and further order. No step is taken by the Complainant. On scrutiny of the record we found that no step was taken by the Complainant on 07.07.20, 25.08.20, 10.12.20, 01.03.21, 06.04.21, 14.06.21, 05.10.21, 07.01.22, 29.03.22, 27.06.22, 26.09.22, 18.01.23, 03.05.23, 11.07.23, 26.09.23, 07.11.23, 15.02.24 and today i.e. 19.02.24.

             The Complainant has not been filing requisites for issuance of summons upon OP No. 1 & 3.

The case of the Complainant as per materials on record is that the Complainant’s father had a submersible (mini deep) pump with connection of a transformer of Maderhati Mouza under WBSEDCL in Bijaynagar being No. 2636. After possessing the same the Complainant’s father Akher Ali sold the said submersible (mini deep) pump on 01.11.2002 to OP No.1 by taking consideration money of Rs. 50,000/- and the said mini deep pump is possessed by the OP No.1 Mannan Sk. since 01.11.2002. After that the agreement was executed by the parties on 11.04.2003 and the said agreement was signed by both parties and the said agreement was authenticated by one Notary Public in Kandi Court, Murshidabad. And one witness Ujir Ali was present at the time of preparing the agreement and signed the said agreement.

After selling the said mini deep pump, the Complainants father Akher Ali had filed an application with the copies of agreement before the OP No.2 for changing his name but the OP No.2 did not record the name of OP No.1 Mannan Sk in place of Akher Ali for electricity consumption of the said mini deep pump. OP No. 2 day by day charges for electricity consumption and sent bill to the Complainant’s father’s name demanding the amount of bill as consummated by the OP No.1, Mannan Sk for Rs. 2,24,740/- on 21.01.19. 

The father of the Complainant Akher Ali and after the death of Akher Ali as the legal heir the Complainant did not use or consummated electricity from the said mini deep pump but in spite of that the OP No.2 sending the electric bills to the Complainant’s father’s name. On 17.09.19, the Complainant filed an application before the OP No.2 for not demanding the electric bill from the Complainant or not sending the electric bill to this Complainant’s father’s name.

        He prays for passing an order directing the OP No. 2 not to send the bill of the siad mini pump to the Complainant’s father’s name or not to demand the outstanding amount of bill from the Complainant and to direct the OP No.2 to demand the said bill from OP No.1 because the OP No.1 is consuming the electricity for the said mini deep pump.

        We peruse the materials on record. OP No.2 is contesting the case by filing written version contending inter alia that the application is not maintainable as the Complainant claim that he and his father is not a consumer. The meter stands in the name of Akher Ali then he and his legal heirs are liable to pay the dues.

 Moreover, considering the facts and circumstances of the case we are of the view that the instant case has no merit. Further more, it appears to us that the Complainant is not at all interested in the instant case as the Complainant took no steps from 07.07.20 to till now.

       In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit.

Hence, it is

                                                Ordered

that the complaint Case No. CC/09/20 be and the same is dismissed on merit against the OPs.

        Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

 

President

 

Member                                                 President         

 

 

 

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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