West Bengal

Jalpaiguri

CC/17/2015

Prabhat Kumar Roy - Complainant(s)

Versus

Station Manager, Banarhat Customer Care Center, WBSEDCL - Opp.Party(s)

Panchali Deb Sikdar

18 May 2015

ORDER

District Consumer Disputes Redressal Forum, JALPAIGURI
JALPAIGURI
 
Complaint Case No. CC/17/2015
 
1. Prabhat Kumar Roy
S/O Lt. Bhola Roy, Banarhat Chamurchi Road, P.O. and P.S.- Banarhat, Dist.- Jalpaiguri, Pin- 735202
West Bengal
...........Complainant(s)
Versus
1. Station Manager, Banarhat Customer Care Center, WBSEDCL
P.S.- Banarhat
Jalpaiguri
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Asoke Kumar Das PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Complainant:Panchali Deb Sikdar, Advocate
For the Opp. Party:
ORDER

Complainant files hajira through Ld. Lawyer. The case is taken up for further admission hearing. Hd. submission of Ld. Lawyer. Perused the petition of complaint and its annexures. We find that Late Bhola Roy, father of the complainant was the consumer of WBSEDCL and he died on 26/08/2014 leaving behind his four sons and one unmarried as submitted by the side of the complainant. But only the complainant has filed this case without making other heirs of Bhola Roy as parties or without obtaining any power of attorney from them. We further find that the complainant has already paid the entire dues of O.P. without any objection. So question of alleged deficiency in service on the part of WBSEDCL does not and cannot arise under these circumstances and in view of the decision of Honorable Supreme Court of India reported in (2007)8 SCC381 , this case is not maintainable. Hence petition of complaint is rejected.

The petitioner is at liberty to file case, Application before the appropriate Forum in accordance with law, if he thinks fit and proper.

Let a copy of this order be supplied to the complainant free of cost fortwith.

 
 
[HON'BLE MR. Asoke Kumar Das]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

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