Advocate for O.P files hazira. Complainant took no steps. Case has been posted today for hearing on both petitions dtd.18.12.2018 filed by advocate for complainant for substitution of petitioner & petition dtd. 02.01.2019 for non maintainability of the case field by O.P. When the petition dtd.18.12.2018  field by  advocate for complainant for substitution of petitioner is taken up for hearing , advocate for complainant present in the Forum although not taken steps, submitted that the legal hires of the present petitioners are not interested to proceed with the case and as such he does not want to move the petition.  Heard both parties on the petition for substitution of complaint.  

C.P Act “13 (7)-In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.”

Advocate for complainant does not prefer to file legal hires certificate nor any single document relating to substitution of parties.  In absence of documents we hold that the submission of his advocate is true. As such the petition filed by advocate for complainant for substitution of party is Rejected.  In the event of death of a complainant who is a consumer is a question before us.  Prior to interring into the other issues we hold that the complaint is dismissed as present complainant is not a consumer and complaint is not maintainable.