DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

Dated the 28th day of September, 2018

                                                   Present 1. Shri Raghunath Kar, President

                                                                2. Shri Basanta Kumar Mallick, Member

                                                                3. Afsara Begum, Member

C.D Case No. 93 of 2016

Sri Nilamani Behera

S/o Chinamani Behera

At: Bagada Binayakpur

Po: Binayakpur

Ps: Basudevpur

Dist: Bhadrak

                                                        ……………………. Complainant

            (Versus)

1. S.D.O (NESCO)

At/Po/Ps: Basudevpur

Dist: Bhadrak- 756125

2. Junior Engineer (Electrical Dept No.1)

At/Po/Ps: Basudevpur

Dist: Bhadrak- 756125

3. Ramakanta Sadangi

S/o Bagala Sadangi

At: Bagada Binayakpur

Po: Binayakpur

Ps: Basudevpur

Dist: Bhadrak

                                                    …………………………..Opp. Parties

Advocate For the Complainant: Sri J. B Agasti & Others

Advocate For the O.Ps No. 1 & 2: Sri P.K Nayak & Others

Advocate For the OPs No. 3: Sri G. Ram & Others

Date of hearing: 01.08.2017

Date of order: 28.09.2018

SRI RAGHUNATH KAR, PRESIDENT

That, the complainant has alleged against the O.Ps having aggrieved with their deficiency of service caused towards him.

OBSERVATION

We have already perused the complaint as well as the documents and the written version filed by the complainant as well as the O.Ps. The complainant has averred in the Para No- 1 (“My client is the bonafied consumer with you the OP No. 1”) this complaint has been drafted by the concerned advocate of the complainant. So we do not treat his complaint as an allegation rather it is to be treated as a legal notice. It is clearly manifested in the Para No- 5 of the complaint that the cause of action is remaining vacated. Nothing has been written in the place of cause of action. So without cause of action the instant CD Case is not maintainable. We have also held that the complainant has not filed any supporting affidavit to his complaint in this case. So the complainant has not come to this Forum with clean hands. Hence the present CD Case is not maintainable due to lack of cause of action. Hence it is ordered;  

ORDER     

The complaint be and the same is dismissed having no merit.

This order is pronounced in the open Forum on this day of 28th September, 2018 under my hand and seal of the Forum.