SWAPAN KUMAR BASU Vs. SUNITI CHATTARAJ

JUDGEMENT

(1.) THIS Revision Petition seeks the quashing of the order dated 24th October, 1994 of the Calcutta Consumer Disputes Redressal Forum in Case No. 3103/94 and the Order dated 11th January, 1995 of the West Bengal State Consumer Disputes Redressal Commission in Appeal Case No. 528/A/94.

(2.) IT is necessary to notice the factual background of the alleged consumer dispute raised by Shri Suniti Chattaraj before the District Forum. An electric connection under domestic category being consumer No. 17023041017 and meter No. 1243499 was standing the name of one Shri Lakshmi Kant Basu at Flat No. G-1 at the ground floor of premises No. 18-F, Shahnagar Road Calcutta which is a part of building known as Lakshmi Apartments. Shri Lakshmi Rant died intestate on 29th March, 1994. Shri Swapan Kumar Basu, brother of the deceased and Smt. Sulekha Dutta, sister of the deceased (Revision Petitioners before this Commission) claiming themselves to be the only legal heirs of the deceased made an application to the Calcutta Electric Supply Co. Ltd. (for short CESC) for change of the above electric connection in the name of Smt. Sulekha Dutta. While this application was pending, one Suniti Chattaraj, Respondent No. 1 herein filed a complaint dated 23rd October, 1994 before the District Forum, Calcutta alleging that late Lakshmi Rant Basu was the previous Chairman of National Labour Co-ordination Council and Shri Suniti Chattaraj was the then Chairman of National Labour Co-ordination Council and so the electric meter No. 1243499, consumer No. 17023041017 be changed in the name of present Chairman, N. L. C. C. Shri Suniti Chattaraj.

(3.) SHRI Suniti Chattaraj had not made the Petitioners herein as a party respondent but had made only CESC Ltd. as a party to the consumer dispute. The Petitioners herein made an application before the District Forum on 15th November, 1994 for their being added as a party to the consumer dispute and the prayer was allowed. The parties were directed to appear before the District Forum on 23rd November, 1994 and made a prayer for taking up the case on that date. The case was taken up on 23rd November, 1994 by the District Forum and it is recorded that "since the Petitioner does not like to proceed hence the case is dropped". It is pursuance to note that in pursuance of the Order dated 24th October, 1994, CESC Ltd. changed the name of the deceased consumer by substitution of the name of the Complainant Shri Suniti Chattaraj.