IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/21/2018.
Date of Filing: Date of Admission: Date of Disposal:
16.02.18 26.02.18 27.03.19
Complainant: Bidyut Das
S/o Late Bhabasindhu Das
Vill-Banipur (Sastila)
PO-Miyapur
PS-Raghunathganj
Dist-Murshidabad
Pin-742225
-Vs-
Opposite Party: 1. West Bengal State Electricity Distribution Company Limited
PO&PS- Raghunathganj
Dist-Murshidabad
Pin-742225
2. Director/Manager
Registered Office at Bidyut Bhavan Block DJ Sector-II
Bidhannagar, Kolkata-91
3. Chandu Halder
S/o Late Moto Halder
Vill-Banipur (Sastitala)
PO-Miyapur
PS-Raghunathganj
Dist-Murshidabad
Pin-742225
Agent/Advocate for the Complainant : Sri. Fairdous Wahid Siddique.
Agent/Advocate for the Opposite Party No.1 :None.
Agent/Advocate for the Opposite Party No.2 :None.
Agent/Advocate for the Opposite Party No.3 :Sri. Debasish Nag.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Smt. Aloka Bandyopadhyay, Member.
This is a complaint under section 12 of the CP Act, 1986.
One Bidyut Das (here in after referred to as the Complainant) filed the case against West Bengal State Electricity Distribution Company Limited (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant is running a business in the rented house of OP No.3 against the payment of license fees of Rs.400/- for last 20 years. But all of a sudden few months before due to dispute between the Complainant and OP No.3 electric connection of the said shop room has been disconnected by the OP No.3. The Complainant informed the matter to all the concerned authority for installation of sub-meter in his name after providing due consideration and observing all formalities. The Complainant paid Rs.731/- on 24.06.14 in the cash counter of the OP No 1 as per the quotation but the OP No.1 did not install the electricity in the said shop room rather on 24.05.17 through a letter asked the Complainant to submit NOC from the OP No.3 but the OP No.3 denied to provide the same.
Finding no other alternative the Complainant filed the instant case before the Forum for appropriate relief.
The OP No.1 and 2 after service of notice did not appear. So the case proceeded ex-parte against them. OP No.3 filed written version contending interalia that the case is not maintainable as it did not come under the jurisdiction of consumer Forum..
Now the question arises whether the Complainant is a consumer and he is entitled to get relief as prayed?
Decision with reason
After considering the documents and facts of the case, we find that the relationship between the Complainant and the OP No.3 is nothing but a landlord, tenant relationship. Under such circumstances, the case is not maintainable before this Forum. The Complainant is at liberty to file the case before the appropriate Forum for relief.
Reasons for delay
The Case was filed on 16.02.18 and admitted on 26.02.18. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No.CC/21/2018 be and the same is hereby dismissed ex-parte against OP No.1 and 2 and dismissed on contest against OP No.3 but without cost.
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.
Member
Member President.
