SWAPAN KUMAR BASU vs SUNITI CHATTARAJ

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.

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. The complaint is bereft of any allegations whether any application was made earlier to CESC Ltd. The District Forum on 24th October, 1994 passed the following Order : "Reg. the complaint lodged under Section 13 of the CP Act, 1986. Register the case. Issue show-cause Notice upon the OP along with copy of the complaint fixing 24th November, 1994 for s/r, appearance and show-cause. The OP is directed to change consumer number 17023041017 with electric meter No. 1243499 at 18F, Sahanagar Rd, Cal 26 in the ground floor in the name of Complainant Shri Suniti Chattaraj, Chairman, NLCC within a fortnight and to report compliance on the fixed dated."

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.

THE Petitioner being aggrieved of the Orders of the District Forum dated 24th October, 1994 and 23 November, 1994 filed an appeal before the State Commission for setting aside those orders and for revocation of the substitution made by CESC Ltd. in pursuance of the interim order dated 24 October, 1994. The hearing was held by Hon''ble Mr. Justice A. K. Bhattacharya and Smt. S. Dutta. Professor Sunil Kanti Kar, the other member dis-associated himself with the case on the ground that he was connected intimately with the Complainant. The President and Smt. S. Dutta in the impugned Order have differed in their opinions. The President allowed the appeal and set aside the Order dated 24th October, 1994 of the District Forum and directed the CESC to process the application filed by the legal heirs of the deceased consumer in accordance with law. Smt. S. Dutta observed that she failed to understand as to how the appeal could be filed against the interim order of the District Forum dated 24th October, 1994 by excluding the subsequent order allowing the Complainant to withdraw his case and dismissed the appeal with costs. The impugned order of the District Forum date 24th October, 1994 suffers from the defect of jurisdiction as well as serious illegalities. It is settled by the Supreme Court that the District Forum has no jurisdiction to grant any interim relief. The direction to change the consumer number in the name of the Complainant-Shri Suniti Chattaraj, Chairman, NLCC is without jurisdiction. Such an order could not be passed at the interim stage and could only be granted as a final relief after the trial. In Morgan Stanley Mutual Fund v. Kartick Das [(1994) 2 CTJ 385 (Supreme Court) (CP) = II(1994) CPJ 7] the Supreme Court had laid down that the Consumer Fora has no power or jurisdiction to grant interim relief, it can only grant final relief. The Complainant has tried to over-reach the District Forum by making a prayer to the District Forum on 23rd November, 1994, despite the fact that hearing of the case was fixed on 24th November, 1994 and the District Forum allowed the Complainant to drop the case. The District Forum while dropping the case should have vacated the interim ex-parte order passed on 24th October, 1994 as that order was not final and would not determine the rights of the parties finally. The District Forum acted illegally in not vacating the order dated 24th October, 1994 while allowing the Complainant to drop the case. We are constrained to record that the District Forum acted against the law and the principles of natural justice in passing the order dated 24th October, 1994 which Order it had no jurisdiction to pass.

THE Revision Petition is allowed, the impugned order dated 24th October, 1994 passed by the District Forum in Consumer Case No. 3103/94 is hereby set aside. The impugned order of the State Commission is non-est and is hereby held to be null and void. The CESC Ltd. is directed to cancel the transfer of the said electric connection in the name of the Complainant in pursuance of the impugned order which has been hereby set aside by this Commission and maintain status quo as on 23rd October, 1994. CESC Ltd. would consider the pending applications in accordance with the rules for change of the electric connection from the name of the deceased consumer. If any application is made by Shri Suniti Chattaraj the same will also be taken into consideration. In the fact and circumstances of the case, the parties shall bear their own costs throughout.