Maharashtra

DCF, South Mumbai

CC/5/2013

ABDUL RAZZAK MOHAMMED HOLI - Complainant(s)

Versus

THE BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING(BEST) - Opp.Party(s)

02 Apr 2013

ORDER

 
CC NO. 5 Of 2013
 
1. ABDUL RAZZAK MOHAMMED HOLI
161, PAWWALA BUILDING, MODI STREET, GROUND FLOOR SHOP, FORT, MUMBAI 400 001
...........Complainant(s)
Versus
1. THE BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING(BEST)
BEST BHAVAN, P.O.BOX NO.192, BEST MARG, MUMBAI 400 001
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Satyashil M. Ratnakar PRESIDENT
 HON'ABLE MR. Shri S.S. Patil MEMBER
 
PRESENT:
तक्रारदार स्‍वत: हजर.
 
 
ORDER

Order  Below  Exhibit  1

PER SHRI. S.S. PATIL - HON’BLE  MEMBER :

 1)        Heard the Complainant in person.  In this case the Complainant has not availed of any service from the Opposite Party as on today nor the Opposite Party has rendered any service to the Complainant.  The grievance of the Complainant is that the Opposite Party is not providing service to him.  The Opposite Party has already communicated to the Complainant vide its letter dtd.14/05/2010, that the Complainant should furnish the valid occupancy certificate to the Opposite Party.  The Complainant has not furnished this certificate till today. Hence, rejected the application of the Complainant for providing electric connection.

 2)        Under the circumstances the Complainant has not availed the services of the Opposite Party and the Opposite Party has not rendered any service to the Complainant.  Therefore, as on today, the Complainant is not a Consumer under Sec.2(1)(d)(ii) of the Consumer Protection Act, 1986.

 3)         In addition to above findings, the cause of action in this case has arisen on 14/05/2010 when the Opposite Party has rejected to provide electricity to the Complainant on the ground of non furnishing the occupancy certificate. The complaint has been filed on 13/01/2013.  Therefore, there is a delay of 7 months and 23 days.  The Complainant has not filed any delay condonation application.  It is mentioned in the complaint that there is a continuous cause of action.  However, from the facts of this case there is no continuous cause of action.  The cause of action has certainly arisen on 14/05/2010 when the Opposite Party refused to provide service to the Complainant

            In view of the above findings the complaint is hopelessly time barred.

 4)        In view of the above findings the complaint is not admitted and it is dismissed for the above said findings.  There is no order as to cost.  

 
 
[HON'ABLE MR. Satyashil M. Ratnakar]
PRESIDENT
 
[HON'ABLE MR. Shri S.S. Patil]
MEMBER

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