Complainant files hazira along with documents. O.P. files time petition on the ground stated therein.  Fixed for hearing of the petition filed by the Complainant on 22-03-2017.  It appears from the record that several opportunities have been given to the O.P. for hearing of the petition but today O.P. again prays for time.  Prayer of the O.P. is rejected. 

Let the petition be registered as Misc. Case No.41/2018. 

Heard Ld. Lawyer for the Complainant and perused the petition and documents filed by the Complainant.

Ld. Lawyer for the Complainant stated that the original Complainant of this case has been expired during the pendency of this case on 15-01-2015 and being the legal heirs his wife namely Smrity Rekha  Singha, son namely Arnab Singha and daughters namely Arpita Singha and Riya Singha wanted to contest this case as Complainants.  O.P. did not file any written objection regarding the matter.

It appears from the record that Basudeb Singha, the Complainant filed this case on 05-06-2014 and as per the petition filed by the Ld. Lawyer for the Complainant that Basudeb Singha expired on 15-01-2015.  It also appears from record that this case has been filed against billing disputes of service connection no. 1260/R.E.-74, Consumer No. – S 64006 which was lying in the name of Basudeb Singha.  Besides, Ld. Lawyer for the Complainant files today a warrison certificate issued by Sahospur Gram Panchayat which shows that Smrity Rekha Singha, Arnab Singha, Arpita Singha and Riya Singha are the four successor of Basudeb Singha. Therefore, as per Section 2(1)(b)(v) of the Consumer Protection Act, 1986, there is no impediment to allow Smrity Rekha Singha, Arnab Singha, Arpita Singha and Riya Singha, the legal heirs of the original Complainant to contest with the case as Complainants. 

On the other hand, the O.P. files a petition for time on the ground stated therein.  It appears from the record that sufficient time has been given to the O.P. for filing W.O. and hearing of the petition on the O.P. but the O.P. failed.  So the time petition filed by the O.P. is rejected. 

Therefore, the amendment petition filed by the Complainant is allowed.  Let the amendment petition be kept as a part of the complaint.  Thus, the Misc Case No.41/2018 be and the same is disposed of .

To 10-10-2018 for arguments.