Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
This appeal takes an exception to an order dated 20/11/2004 passed in consumer complaint No.158/2003, Rameshwar Shivgopal Gupta V/s. Executive Engineer, M.S.E.B. & Anr., passed by Addl. District Consumer Disputes Redressal Forum, Pune (‘the Forum’ in short).
2. It is the case in respect of the bill issued for exorbitant amount. The consumer complaint was filed and it was partly allowed as per the impugned order and feeling aggrieved thereby, the M.S.E.B. through its Executive Engineer, Pune; preferred this appeal.
3. Both the parties remained absent in spite of notice published on Notice Board of this Commission, Bar and on Internet as well as separate intimation by way of abundant precaution given by post on 29/10/2011. Hence, we proceed to consider this old appeal for admission on merit on the basis of available record.
4. In the instant case, M.S.E.B. is not the party before the Forum. Its officials viz. Executive Engineer and Assistant Engineer were the opponents. Such officials being distinct, separate and independent jurisdic person than the organization itself as per provisions of Section 2(1)(m) of the Consumer Protection Act, 1986; and appellant being not party before the Forum, it has no locus standi to file appeal. Mere taking exception to the order passed by the Forum would not give locus standi to prefer this appeal. Apart from that a judicial notice can be taken of the fact that M.S.E.B. is non-est as on today. For this reason also this appeal could not be continued in the present form.
5. For the reasons stated above, we do not find any merit in the appeal. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal is not admitted and same stands disposed off accordingly.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 18th January 2012.
