DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE No. 06 / 2007. Date of filing of the Case:18.01.2007 Complainant | Opposite Parties | Biswanath Ghosh, aged 50 years, Son of Late Nandalal Ghosh, Resident of Sobhanagar, P.S. Englishbazar, Dist. Malda. | 1. | The Chairman West Bengal State Electricity Board, Bidyut Bhawan, Block – DJ, Salt Lake, Bidhannagar, Kolkata. 700 091. | 2. | Divisional Engineer, W.B.S.E. Board (O&M), Division Rabindra Avenue, P.S. Englishbazar, P.O. & Dist. Malda. | 3. | Station Superintendent of W.B.S.E.B. Rathbari Sector Station Road, P.S. Englishbzar, P.O. & Dist. Malda. | 4. | Sarat Ghosh S/O. Meghu Ghosh @Bhudeb Ghosh, Vill. & P.O. Sobhanagar, P.S. English Bazar, Dist. Malda. |
Present: | 1. | Shri S.K. Chakraborty, President. | 2. | Shri A.K. Sinha, Member. | | |
For the petitioner: Dibyendu Banerjee, Advocate. For the O.Ps.: For the O.P. Nos. 1 to 3 Salil Kr. Das, Advocate For the O.P. No.4 Abhijit Sarkar, Advocate. Order No.04 dated 06.03.2007. Petitioner is personally present alongwith Ld. advocate. O.P. No. 1, 2, & 3 have jointly file hazira through Ld. Advocate. O.P. NO.4 is personally present alongwith Ld. Advocate. The point of maintainability has been raised by all the O.P.s which is seriously been challenged by the adversely. In view of above maintainability of the petition is to be decided at the very outset. Hd. both sides at length order follows. Contd.P/2… P – 2 True it is that the petitioner has deposited Rs.810/- through two different receipts on the self same date and on this score the petitioner has urged that such deposits of money should be taken as payments towards consideration for services of hiring electricity. If that be so the registration fee also should be taken as consideration as it was required to be paid along with the application. Having given over anxious consideration over the matter and after giving our application of mind over Sec.2(1)(d) and Sec.3 of the C.P. Act. read with Sec.2(15) of the Electricity Act. 2003 this Forum is of it considered opinion that mere filing of application for supply of electricity and deposit of some fees the complainant cannot be said to have hired the services of Electric Dept. for supply of electricity and in that view of the matter the present petitioner cannot be termed as ‘Consumer’ with Sec.2(1)(d) of the Act. Hence the complainant cannot be entertained by this Forum. Accordingly, the point of maintainability is hit by the provisions of law referred to herein above. Hence, ordered, that Malda D.F. Case No.06/2007 stands dismissed on the point of maintainability of the petition. Proper fee have been paid. Let the copy of order be supplied to both the parties free of cost. Sd/- Sd/- A.K. Sinha S.K. Chakraborty Member President D.C.D.R.F., Malda D.C.D.R.F., Malda |
