DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M. A. NO-368/2018

E.A. No-313/2015

Date of Filing:                                                                                                Date of Disposal:

06.12.2018                                                                                                      07.12.2018

Applicant:-                              Sri. Bipul Dutta,

S/o Late Gopal Dutta, Village-Kultala,

                                                P.O. P rithiba, P.S.-Habra,

District-North 24 Parganas,

                                                Pin-743704.

=Vs=

Opposite Party:-                               The Manager

Banipur Group Electricity Office

P.O. Banipur, P.S. Habra, Dist- North 24 Pgs.

P R E S E N T

                        :-         Sri. Bankim Chandra Chattopadhyay………..…..President.

:-         Smt. Silpi Majumder  ……………………………………Member.

:-         Smt. Monisha Shaw …………………………………….Member.

ORDER No-18

This order is arising out of the MA being no-368/2018 filed by the Sri. Bipul Dutta the E.A. No-313/2015 praying for incorporation of his name in the cause title of the petition of complaint as well as in the execution application.

In the application it is stated by the Sri. Dutta that the consumer complaint were filed by the Complainant keeping him in dark as well as keeping this ld. Forum about the Title Suit, is still pending before the Ld. Civil Court. Suppressing the material truth the Complainants have obtained electric connection, which actually they are not entitled to get. For this reason being interested person Sri. Dutta has filed this application praying for incorporation of his name in the cause title of the complaint and he is also intending to contest the complaint. During argument he will prove that the Complainants are the entitled to get electricity in their favour, but suppressing the actual fact they have obtained electricity, which is not at all permissible in the eye of Law. According to Sri. Dutta if this application is not allowed he will suffer irreparable loss and injury and prayer is made by him for allowing this application. He has also prayed for setting aside the judgment passed by this Ld. Forum, which is under execution and after setting aside the same request has been made to direct the parties for advancing argument in the complaint case in his presence. He has further submitted that as the final judgment has no force at all, the same cannot be executable.

Cont…………………………2

:2:

Upon perusal of the content of the application it is seen by us that in the CC no-270/2012 this Ld. Forum was pleased to pass the judgment on 07.01.2013, whereby the complaint was allowed in part against the OP without any cost. Direction was given to the OP to provide fresh electric connection within two months from the date of the order and the Complainant was directed to file fresh application along with fess and other cost as assessed by the OP and in that case no objection from any corner shall be considered by the OP to give fresh electricity line to the Complainant or any one of the Complainant. In case of non-compliance of the said order within the stipulate date liability has been casted on the OP for making payment of Rs.200/- per day as compensation which shall be paid to the SCWF.

Admittedly in the consumer complaint Sri. Dutta was not made party, so in the Execution Application which has arisen out of the final order/judgment dated 07.01.2013 question for incorporation of the name of Sri. Dutta does not arise at all. The Executing Forum cannot go beyond the decree. Therefore when the complaint case had already been disposed of and Execution Application is going on, hence it is not permissible in the eye of law to open the Complaint case for further hearing and disposal. As Sri. Dutta being the aggrieved person, if any, did not prefer any appeal against the judgment passed by this Ld. Forum, hence the final order/judgment passed by the Ld. Forum has attained to its finality. At this juncture there is no scope under any law to re-open the same. Therefore the prayer as made by Sri. Dutta cannot be allowed.

Hence it is ordered that the MA being no-368/2018 is hereby dismissed without any cost.  

Fix  01.04.2019  for compliance by the Jdr in respect of punitive damage.

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.        

Member                                                  Member                                                President

Dictated & Corrected by