Order No. 09
Ld. Advocate of the complainant and Ld. Advocate of the O.Ps. are present.
The case is taken up for hearing on the point of maintainability of the case.
Heard both sides.
It is specifically contended by the Ld. Advocate of the complainant that the act of the O.Ps. is very whimsical and adamant resulting which O.Ps. drew excess and exorbitant amount of impugned bills of the relevant period which is mentioned specifically in the petition of complaint and such exorbitant amount of billing goes to show attitude on the part of the O.ps. and thus, it should be curved and as such the case is very much maintainable.
On the other hand, Ld. Counsel appearing for the O.Ps. specifically and candidly submits that regarding billing dispute, this Commission is not the proper form to consider this matter and as such the instant case is not maintainable before this Commission and at the same time he also submits that complainant should have the liberty to approach the appropriate Forum in accordance with law.
Having heard both sides and going through the materials on record and after giving due consideration of the submissions advanced by the Ld. Counsels appearing for the respective parties, this Commission is of the view that the subject matter of the instant case is excess amount of impugned bill dispute and such dispute cannot be resolved before this Commission and as such it will be just and proper to pass necessary order to that effect.
Hence, it is ordered that the instant case is not maintainable.
However, this Commission will not debar the complainant to approach the appropriate Forum in accordance with Notification being No. 55/WBERC dated 08.07.2023 and if such complainant will file the complaint with requisites, the RGRO and CGRO concerned is requested to dispose of the same within 3 months from the date of filing of such complaint in accordance with law, there shall be no order as to cost.
The instant case is disposed of.
Dictated and corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
