Orissa

Kalahandi

CC/73/2017

Bhawani Shankar Dash aged about 69 years - Complainant(s)

Versus

1. Executive Engineer , Nuapada Electrical Division,(WESCO) - Opp.Party(s)

S.K Sahu & S.K Bohidar

23 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KALAHANDI
NEAR TV CENTRE PADA, BHAWANIPATANA, KALAHANDI
ODISHA, PIN 766001
 
Complaint Case No. CC/73/2017
( Date of Filing : 27 Oct 2017 )
 
1. Bhawani Shankar Dash aged about 69 years
S/o Sachidananda Dash, AtNuapada
Kalahandi
Odisha
...........Complainant(s)
Versus
1. 1. Executive Engineer , Nuapada Electrical Division,(WESCO)
Nuapada
NUAPADA
ORISSA
2. S.D.O Khariar-II
At/Po/Ps-Khariar,Dist-Nuapada,Odisha
Nuapada
Odisha
3. 3. Authorised Officer , Corporate Officer
WESCO Utility, Burla At/Po/Ps-Burala,Dist-Sambalpur,Odisha
Sambalpur
Odisha
4. Chief Operating Officer
WESCO,Utility, Burla At/Po/Ps- Burla,Dist-Sambalpur,Odisha
Sambalpur
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Aswini Kumar Patra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:S.K Sahu & S.K Bohidar, Advocate for the Complainant 1
 
Dated : 23 Feb 2023
Final Order / Judgement

Heard. Perused the material available on record. It reveals that, the complainant has presented this consumer complainant alleging deficiency of service & unfair trade practice on the part of O.Ps for non release of incentive for his collection of bills & deposited before the O.Ps.

It is submitted that , the complainant was working for the O.Ps as collection agent for collection of eclectic bills form the consumer. As per their agreement,(copy of which is placed on record), the O.Ps have to release incentive to the complainant on the total amount of collection deposited with the O.Ps as per his collection efficiency & coverage efficiency but in spite of several approaches the O.Ps have not yet release incentive to the complainant as per his entitlement .

The O.Ps have filed their written version challenging the maintainability   of the case under C.P Act.

Before going to the merit of the case we have we think proper to decide to maintainability of the of this complaint .

Admittedly, the complainant has made on agreement with O.Ps. As per their agreement  the O.Ps have appointed the complainant as their agent to collect bills form the Consumers and out of the said collection the incentive shall be paid to the complaint as per his efficiency.

Here the complainant has failed to establish that, he is a consumer of O.Ps i.e. either of goods or service, further the claim for a direction to the O.Ps to release the arrear incentive payable to the complainant is not tenable under the C.P Act.

 

Based on the above findings we are of the opinion that, this complaint is not maintainable under C.P Act . Hence, dismissed against the O.Ps. However, no order as to cost.

The complainant is at liberty to present his grievance in the proper court of law for releasing of his legitimate claim.

This complaint is dismissed as not maintainable.

The pending application if any is also stands disposed off accordingly.

Free copy of this order be supplied to the parties for their perusal or party may download the same from the Confonet be treated as copy served to the parties. Complaint is disposed of accordingly.

 

 

 
 
[HON'BLE MR. Aswini Kumar Patra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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