Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Advocates for both sides are present.
Today is fixed for hearing of A/23/2021.
The Respondent filed certified copies of some documents.
Heard the submission of the Ld. Advocates for the both sides. Considered.
Being aggrieved by and dissatisfied with order no. 10 dt. 07.01.2021 passed by the DCDRC, Baruipur in CC case no. 5 of 2020 disposing the Case with an observation made by the forum below to the effect that, it appeared from the Xerox copy of the statement of the complainant dt. 24.2.2020 submitted by the OP stating that the complainant withdrew his complaint as he got the electric connection, the Appellant/Complainant preferred this appeal.
In the Memo. of Appeal it is alleged by the appellant /complainant that he has been harassed from 2017 to 2020 and he had to seek legal assistance to file the case being no. CC/5/2020. The Grievance of the appellant is that the Ld. Forum below did not award any harassment cost and litigation cost.
Perused the impugned order.
Heard the submission of Ld. Advocates for the both sides.
The complainant filed the aforesaid CC case with a prayer for immediate electric connection, compensation and cost.
The Opposite Party in written version stated before the forum below that the appellant/complainant applied for a new connection for domestic purpose at Kamalpur Naskar Para, P.O. Champahati, P.S. Baruipur, Pin - 7443330 vide application no. 1004143855 Id 103669333.
After receiving the application an inspection was carried out at the premises and it was detected that it concerned about a new connection 02 no. of pole. And on 24.02.2020 new service connection was installed by fixing a new meter erecting 02 no. of pole. It appears from a copy of the document filed by the complainant that on 24.02.2020 the complainant gave a declaration to the effect that he got the electric connection and he had no allegation. On the basis of the aforesaid application the Ld. Forum below disposed of the case by passing the impugned order. It is apparent from the order that none of the parties appeared before the forum below on the date of passing the impugned judgement.
Considering the pleadings of the parties declaration made by the complainant dt. 24.02.2020, we did not find any illegality in the impugned order.
So, there is no scope to interfere with the same.
Hence it is ordered
The Appeal No. 23 of 2021 is dismissed on contest without any costs. The impugned order is upheld. Order of stay, if there is any, in connection with the appeal stands vacated. Let a copy of this order be sent to the Ld. Forum below. The Joint Registrar of this Commission is directed to do the needful in this regard.