Today is fixed for admission hearing.
Attendance through Ld. Advocate on behalf of the complainant is submitted.
Ld. Advocate for the complainant moved the application under Section 35 of the Consumer Protection Act, 2019 and refer the document as also judgement of CC-02/2006 and prays for admission of the instant case.
The case of the complainant is that he is a bonafide consumer under the O.Ps and he paid electric bill and other charges by the time but the O.Ps neglected to inform the complainant as to the actual due amount and finally on 28/01/2022 the complainant was not entertained by the O.Ps whereby he has suffered loss, injury and excessive or abnormal bill generated by the O.Ps is deficiency of service on the part of O.Ps which led to file the instant complaint.
Admittedly the complainant is a consumer under O.Ps vide consumer I.D 432030180. The judgement of CC/02/2006 shows that the O.Ps were directed to restore the service connection of the complainant within 24 hours of the order, if not already restored and to adjust the payments etc. The complainant’s case is that the O.Ps insulted him and dis connected the service connection on 22.01.2022 and finally on 28/01/2022 he was not entertained by the O.Ps who generated excessive and abnormal bill.
Having heard Ld. Advocate for the complainant and on perusal of the complaint petition and materials on record and as admitted by Ld. Advocate of the complainant the dispute is apparently a billing dispute.
Under the provisions of Clause 3.5 of Notification No. 55/W.B.E.R.C dated 7th August, 2013 the District Commission should not have entertained the complaint as there was specific provision to ventilate the grievances before the Regional Grievances Redressal Officer or Central Grievances Redressal Officer or to an Ombudsman, as the case may be.
The complainant without invoking the Clause 3.5 mentioned above lodged this case for getting redressal, which is premature in our considered view.
Hence, it is
O r d e r e d
That the case number CC-13/22 be and the same is not admitted in terms of the observation made above.
Let a copy of this order be given to the parties free of cost.